PRINTER'S NO. 174
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
208
Session of
2021
INTRODUCED BY DeLUCA, N. NELSON, McNEILL, FREEMAN, PASHINSKI,
HOWARD, MADDEN, HOHENSTEIN, HILL-EVANS, CIRESI, O'MARA, DEASY
AND ROZZI, JANUARY 22, 2021
REFERRED TO COMMITTEE ON HEALTH, JANUARY 22, 2021
AN ACT
Providing for the disclosure of communicable diseases in certain
facilities during disaster emergencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Communicable
Disease Reporting Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Facility." Any of the following:
(1) An assisted living residence as defined in section
1001 of the act of June 13, 1967 (P.L.31, No.21), known as
the Human Services Code.
(2) A personal care home as defined in section 1001 of
the Human Services Code.
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(3) A hospice as defined in section 802.1 of the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, if the hospice renders care in an inpatient
setting.
(4) A long-term care nursing facility as defined in
section 802.1 of the Health Care Facilities Act.
(5) An intermediate care facility for persons with an
intellectual disability, as the term "intermediate care
facility for mentally retarded" is defined in section 1905(d)
of the Social Security Act (49 Stat. 620, 42 U.S.C. §
1396d(d)).
"Health care agent." As defined in 20 Pa.C.S. § 5422
(relating to definitions).
"Health care representative." As defined in 20 Pa.C.S. §
5422.
"Immediate family member." A spouse, child, stepchild,
parent, stepparent, grandparent, grandchild, brother,
stepbrother, sister, stepsister or like relative-in-law.
"Secretary." The Secretary of Health of the Commonwealth.
Section 3. Information disclosure required.
(a) Release of information upon request.--During a state of
disaster emergency under 35 Pa.C.S. § 7301(c) (relating to
general authority of Governor) that is due to a communicable
disease, a facility shall release the aggregate total number of
known cases of the communicable disease in the facility to a
health care agent, health care representative or immediate
family member of a resident of the facility, when the
information is requested by the health care agent, health care
representative or immediate family member of the resident of the
facility.
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(b) Confidentiality.--The information disclosed under
subsection (a) shall be presented in a manner that preserves
patient confidentiality.
Section 4. Enforcement.
Upon satisfactory evidence of a willful violation of this act
by a facility, the secretary may impose a civil penalty on the
facility of not less than $250 nor more than $1,000 for each
action in willful violation of this act.
Section 5. Effective date.
This act shall take effect immediately.
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