PRINTER'S NO. 3882

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2550

Session of

2020

INTRODUCED BY GROVE, JUNE 8, 2020

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, JUNE 8, 2020

Section 1. Chapter 57 of Title 35 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

5751. Definitions.

5752. General provisions.

5753. Shelter-in-place.

5754. Second phase of reopening.

5755. Third phase of reopening.

the novel coronavirus during the COVID-19 disaster emergency.

"Corporation." The following:

(1) A corporation for profit as defined in 15 Pa.C.S. §

102 (relating to definitions).

(2) A corporation not-for-profit as defined in 15

Pa.C.S. § 102.

(3) A sole proprietorship.

(4) A limited liability company.

"Department." The Department of Health of the Commonwealth.

"Entertainment venue." Any concert hall, theater or sports

arena operating in the Commonwealth.

which multiple health care providers participate and:

(1) The health care providers provide health care

services in a manner so that the public is aware that the

health care providers participate in a joint arrangement.

(2) The health care providers participate in any of the

following joint activities:

(i) A utilization review that involves the review of

health care decisions of participating covered entities

by other participating covered entities or a third party

on behalf of the participating covered entities.

covered entities or a third party on behalf of the

participating covered entities.

(iii) Payment activities if all of the following

apply:

(A) The financial risk for delivering health

care is partially or wholly shared by participating

covered entities through the joint arrangement.

(B) Protected health care information created or

received by the participating covered entities is

reviewed by other participating covered entities or a

third party on behalf of the participating covered

limited to, a restaurant, bar, hair salon, fitness center or

garden center in this Commonwealth. The term shall not include a

theater, concert hall or sports arena.

"Secretary." The Secretary of Health of the Commonwealth.

"Task force." The White House Coronavirus Task Force.

§ 5752. General provisions.

(a) General requirements for reopening.--Prior to removing

any restrictions placed on social or economic activity during

the COVID-19 disaster emergency, the secretary shall ensure a

county of the Commonwealth has met the following criteria:

(2) a hospital or health care system has the capacity to

treat patients suffering from the novel coronavirus based on

an assessment from a hospital or health care system of the

following:

(i) the average of newly confirmed cases in the

county that require hospitalization; and

(ii) the number of beds available at the hospital or

health care system in the county for the COVID-19

disaster emergency compared to the estimated number of

beds and equipment required for treating the COVID-19

disaster emergency.

the secretary on April 15, 2020.

(c) Duty of secretary.--The secretary shall assess the

number of confirmed cases in a county no later than seven days

after the effective date of this section and every seven days

thereafter until the expiration or termination of the COVID-19

disaster emergency. Notwithstanding any provision of this title

or law to the contrary, the following shall apply:

(1) If a county meets the criteria established under

sections 5754 (relating to second phase of reopening) and

5755 (relating to third phase of reopening), the secretary

(2) If a county records a spike of confirmed cases that:

(i) exceeds a daily average of 25 confirmed cases

per 100,000 residents and the surge in confirmed cases is

threatening capacity of available beds within the

county's hospital and health care system, the secretary

shall notify the Governor who shall reissue an order

under section 5753 (relating to shelter-in-place)

directing the residents of the county to remain at home;

or

(ii) exceeds a daily average of 10 confirmed cases

per 100,000 residents, the Governor shall move the county

State correctional facility.

§ 5753. Shelter-in-place.

(a) General rule.--If a county exceeds a daily average of 25

confirmed cases per 100,000 residents over a 14-day period, the

Governor shall issue an order directing residents to shelter-in-

place.

(b) Exception.--The shelter-in-place order for a county

issued under subsection (a) shall not apply to an individual

residing in a county for:

(1) visitation or work in an essential industry; and

(a) Criteria.--If the secretary, upon review of the

confirmed cases under section 5752 (relating to general

provisions), determines a county has met any of the following

criteria over the prior 14-day period, the secretary shall

notify the Governor of whether a county has:

(1) a daily average of newly confirmed cases less than

25 confirmed cases per 100,000 residents;

(2) fewer than 50 cases total; or

(3) fifty percent or more of a county's confirmed cases

in a long-term care facility.

(b) Order lifting restrictions.--The Governor, after

in a county that has entered into the second phase of reopening

under this section. The guidelines shall:

(1) Allow a retail establishment to open the

establishment's physical location if the retail establishment

limits occupancy to comply with requirements for social

distancing.

(2) Require a corporation that reopens under this

section to comply with requirements regarding sanitation,

social distancing and face coverings in the Order of the

Secretary of the Pennsylvania Department of Health Directing

(d) School reopening.--A school district within a county

under this section may resume in-person operations in compliance

with guidance issued by the Centers for Disease Control and

Prevention for the operation of educational facilities.

(e) Restricted activity.--State correctional institutions

and long-term care facilities shall remain closed to visitors

for any county that enters the second phase of reopening under

this section.

§ 5755. Third phase of reopening.

(a) Criteria.--If the secretary, upon review of the

confirmed cases under section 5752 (relating to general

cases in a county meeting requirements established by the

department based on recommendations provided by the Centers

for Disease Control and Prevention and the task force.

(b) Request for guidance.--The secretary, no later than

three days following the effective date of this section, shall

submit a request to the Centers for Disease Control and

Prevention and the task force for guidance on an adequate

testing capacity in order to lift restrictions under this

section.

(c) Order lifting restrictions.--The Governor, after being

(d) Guidelines for economic activity.--The Governor, in

consultation with the Centers for Disease Control and Prevention

and the task force, shall issue guidelines for economic activity

in a county that has entered into the third phase of reopening

under this section. The guidelines shall:

(1) Allow entertainment venues to reopen operations with

restrictions on maximum occupancy and strict sanitation

requirements. Entertainment venues reopened under this

paragraph shall include, but not be limited to:

(i) A theater.

(ii) A concert hall.

occupancy.

(e) Long-term care facilities.--The department, along with

the Department of Human Services and the Department of Aging,

shall issue guidelines that provide for visitation of immediate

family members to the facilities' residents. The guidelines

shall ensure the protection of the residents of the long-term

care facility.

(f) State correctional institutions.--The department, in

consultation with the Department of Corrections, shall develop

guidelines allowing individuals to visit immediate family

termination of the COVID-19 disaster emergency, if a county

meets criteria under subsection (b) based on a review of

confirmed cases by the secretary and the secretary determines

the risk of transmission in a county is minimal, the secretary

shall notify the Governor. The risk determination under this

subsection shall be based on whether a county has met at least

two of the following criteria:

(1) The daily average of confirmed cases over a 14-day

period does not exceed 10 per 100,000.

(2) Fifty percent or more of the confirmed cases in a

county are in a long-term care facility.

secretary that a county has met criteria under this section, the

Governor shall order all restrictions on social and economic

activity related to the mitigation of the COVID-19 disaster

emergency to be lifted within the county.