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A06535
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2543
Session of
2020
INTRODUCED BY STEPHENS, KAIL, SCHLEGEL CULVER, DRISCOLL, OWLETT,
BOBACK, PICKETT, KAUFFMAN, ULLMAN, TOMLINSON, BARRAR, QUINN,
MIZGORSKI, ROZZI, THOMAS, HEFFLEY, YOUNGBLOOD, MACKENZIE,
HILL-EVANS, MILLARD, MENTZER, READSHAW, DeLUCA, BRIGGS AND
MASSER, MAY 21, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 21, 2020
AN ACT
Providing for COVID-19 testing in long-term care facilities and
for duties of the Department of Health and 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 Long-Term
Care COVID-19 Testing 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:
"COVID-19." As identified in the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
"Employee." An individual who:
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(1) is 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) A long-term care nursing facility 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.
(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
1001 of the Human Services Code.
"Recipient." An individual who receives care, services or
treatment in a facility.
Section 3. COVID-19 testing in long-term facilities.
(a) Testing by Department of Health.--The Department of
Health shall provide for testing of all recipients and employees
at each long-term care nursing facility in this Commonwealth The
Department of Health shall ensure COVID-19 testing is available
for all recipients and employees at each long-term care nursing
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facility in this Commonwealth as part of the long-term care
nursing facility's control and mitigation procedures regarding
the COVID-19 pandemic.
(b) Testing by Department of Human Services.--The Department
of Human Services shall provide for testing of all recipients
and employees at each personal care home and assisted living
residence in this Commonwealth The Department of Human Services
shall ensure COVID-19 testing is available for all recipients
and employees at each personal care home and assisted living
facility in this Commonwealth as part of the personal care home
or assisted living residence's control and mitigation procedures
regarding the COVID-19 pandemic.
Section 4. Funding.
The cost of COVID-19 testing in long-term facilities shall be
covered as follows:
A recipient or employee shall submit the billing for the
COVID-19 testing under section 3 to the recipient's or
employee's health insurance carrier for coverage. The cost of
COVID-19 testing not covered by the recipient's or employee's
health insurance shall be covered as follows:
(1) The cost of testing under section 3(a) shall be
borne by the Department of Health. from money appropriated
for COVID-19 relief received by the Commonwealth from the
Families First Coronavirus Response Act (Public Law 116-127,
29 U.S.C. ยง 2601 et seq.) or the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136, 134 Stat 281).
(2) The cost of testing under section 3(b) shall be
borne by the Department of Human Services. from money
appropriated for COVID-19 relief received by the Commonwealth
from the Families First Coronavirus Response Act or the
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Coronavirus Aid, Relief, and Economic Security Act.
Section 5. Effective date.
This act shall take effect immediately.
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