Please wait while the document is loaded.

A05966
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2437
Session of
2020
INTRODUCED BY STEPHENS, JOZWIAK, MIZGORSKI, YOUNGBLOOD,
MACKENZIE, MILLARD, READSHAW, MOUL, DeLUCA, GREEN, CIRESI,
THOMAS, SIMS AND TOMLINSON, APRIL 27, 2020
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 26, 2020
AN ACT
Providing for health care facility reporting relating to COVID-
19 and for duties of the Department of Health and the
Department of Human Services.
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 Emergency
Declaration Data Transparency 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:
"Care." Services provided to meet a recipient's need for
personal care or health care which requires interaction with the
recipient.
"COVID-19." The novel coronavirus as identified in the
Governor's proclamation of disaster emergency issued on March 6,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
2020.
"Electronic system." The electronic laboratory results
surveillance system developed by the Department of Health and in
use by facilities licensed by the Department of Health and the
Department of Human Services to report COVID-19 cases and
deaths.
"Employee." An individual who is:
(1) employed by a facility, or the affiliated corporate
entity of a facility, or enters into a contractual
relationship with the facility, recipient, a recipient's
family, agent, legal representative or the affiliated
corporate entity of a facility, to provide care to a
recipient;
(2) has unsupervised access to another individual and
that individual's living quarters, resources or personal
records; or
(3) is a student doing an internship or clinical
rotation or any other individual who has been granted access
to a facility or older adult to perform a clinical service
for a fee paid by the facility.
"Facility." Any of the following:
(1) Any of the following entities 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:
(i) A long-term care nursing facility.
(ii) A hospice.
(2) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
(3) An assisted living residence as defined in section
A05966 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
1001 of the Human Services Code.
"Recipient." An individual who receives care, services or
treatment in or from a facility.
Section 3. Facility reporting requirements.
A facility shall use the electronic system to report to the
Department of Health or the Department of Human Services,
whichever licenses the facility, the following information:
(1) The number, and results, of recipients and employees
who have been tested for COVID-19.
(2) The number of COVID-19-related deaths among
recipients and employees.
(3) The total number of recipients who reside in the
facility.
(4) The total number of employees who are employed by
the facility.
A FACILITY SHALL REPORT COVID-19 RELATED DATA TO AND IN
ACCORDANCE WITH THE APPROPRIATE LICENSING DEPARTMENT AS FOLLOWS:
(1) A LONG-TERM CARE NURSING FACILITY OR HOSPICE SHALL
REPORT AN OUTBREAK OF A SERIOUS COMMUNICABLE DISEASE AS
DEFINED IN 28 PA. CODE § 27.2 (RELATING TO SPECIFIC
IDENTIFIED AND REPORTABLE DISEASES, INFECTIONS AND
CONDITIONS).
(2) A PERSONAL CARE HOME OR ASSISTED LIVING RESIDENCE
SHALL REPORT AN OUTBREAK OF A SERIOUS COMMUNICABLE DISEASE AS
DEFINED IN 28 PA. CODE § 27.2.
Section 4. Survey for isolation ISOLATION protocol and
infection control requirements.
(a) Survey.--The Department of Health and the Department of
Human Services shall create a survey for distribution to the
appropriate licensed facilities under their purview to collect
A05966 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
information on infection control and isolation protocols
implemented at the facility. COLLECTION OF DATA.--THE DEPARTMENT
OF HEALTH SHALL SUMMARIZE THE INFECTION CONTROL MEASURES TAKEN
BY EACH FACILITY TO MITIGATE THE SPREAD OF COVID-19 IN
ACCORDANCE WITH THE INFECTION CONTROL AND ISOLATION PROTOCOLS AS
REPORTED BY THE FACILITY TO THE APPROPRIATE LICENSING DEPARTMENT
IMPLEMENTED.
(b) Publication.--The data collected in each survey UNDER
THIS SECTION shall be published on the Department of Health's
publicly accessible Internet website.
(c) Local health departments.--Nothing in this section shall
prohibit a local health department from publishing the survey
information in the form of percentages UNDER THIS SECTION on its
publicly accessible Internet website.
(d) Definition.--As used in this section, the term "survey"
means the survey required by 42 CFR Pt. 483 Subpt. B (relating
to requirements for long term care facilities) and 28 Pa. Code
(relating to health and safety).
Section 5. Data publication.
(a) Duty of department.--The Department of Health shall
collect the information required to be reported under section 3
and make the following data available on the department's
publicly accessible Internet website:
(1) The percentage NUMBER of recipients who have tested
positive and negative, respectively, for COVID-19 in each
facility.
(2) The percentage NUMBER of recipients who have died as
a result of COVID-19 in each facility.
(3) The percentage NUMBER of employees who have tested
positive and negative, respectively, for COVID-19 working in
A05966 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
each facility.
(4) The percentage NUMBER of employees working in each
facility who have died as a result of COVID-19.
(b) Construction.--Nothing in this section shall prohibit a
local health department from publishing the percentages DATA in
this section on its publicly accessible Internet website.
Section 6. Construction.
Nothing in this act shall be construed to interfere with the
mandatory investigatory requirements of a coroner under section
1218-B(a)(7) of the act of August 9, 1955 (P.L.323, No.130),
known as The County Code.
Section 6 7. Expiration.
This act shall expire upon termination, by executive order,
proclamation or operation of law, of the declaration of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020).
Section 7 8. Effective date.
This act shall take effect immediately.
A05966 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18