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HOUSE AMENDED
A07717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1110
Session of
2020
INTRODUCED BY K. WARD, PHILLIPS-HILL, COLLETT, REGAN, MARTIN,
BAKER, STEFANO, ARGALL, BROOKS, DiSANTO, DINNIMAN, MASTRIANO,
KILLION AND ARNOLD, APRIL 13, 2020
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MAY 18, 2020
AN ACT
Amending the act of April 23, 1956 (1955 P.L.1510, No.500),
entitled "An act providing for the prevention and control of
communicable and non-communicable diseases including venereal
diseases, fixing responsibility for disease prevention and
control, requiring reports of diseases, and authorizing
treatment of venereal diseases, and providing for premarital
and prenatal blood tests; amending, revising and
consolidating the laws relating thereto; and repealing
certain acts," further providing for definitions, for
definitions, for reports and for confidentiality of reports
and records.; AND PROVIDING FOR CONFIDENTIALITY PROVISIONS
DURING DISASTER EMERGENCY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of April 23, 1956 (1955
P.L.1510, No.500), known as the Disease Prevention and Control
Law of 1955, is amended by adding definitions to read:
Section 2. Definitions.--
The following terms, whenever used in this act, have the
meanings indicated in this section, except where the context
indicates a clearly different meaning:
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* * *
(m) Health care facility. As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
(n) Individually identifiable health information.
Information , whether oral, written, electronic, visual,
pictorial, physical or in any other form, that relates to an
individual's past, present or future physical health status,
condition, treatment, service, products purchased or provision
of care and:
(1) reveals the identity of the individual whose health care
is the subject of the information; or
(2) serves as a reasonable basis to reveal the identity of
the individual whose health care is the subject of the
information, alone or in conjunction with other information that
is or reasonably should be known to be available.
(o) Personal care home. As defined under section 1001 of the
act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
Section 1.1. Sections 4 and 15 of the act are amended to
read:
SECTION 1. SECTIONS 4 AND 15 OF THE ACT OF APRIL 23, 1956
(1955 P.L.1510, NO.500), KNOWN AS THE DISEASE PREVENTION AND
CONTROL LAW OF 1955, ARE AMENDED TO READ:
Section 1. Section 2(a) of the act of April 21, 1956 (1955
P.L.1510, No.500), known as the Disease Prevention and Control
Law of 1955, is amended and the section is amended by adding a
definition to read:
Section 2. Definitions.--
The following terms, whenever used in this act, have the
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meanings indicated in this section, except where the context
indicates a clearly different meaning:
(a) Aerosolized transmission. Person-to-person transmission
of a communicable disease by large or small particles that are
able to remain airborne for a duration of time to allow
infection.
[(a)] (a.1) Board. The State Advisory Health Board.
* * *
Section 2. Sections 4 and 15 of the act are amended to read:
Section 4. Reports.--
(a) Every physician who treats or examines any person who is
suffering from or who is suspected of having a communicable
disease, or any person who is or who is suspected of being a
carrier, shall make a prompt report of the disease in the manner
prescribed by regulation to the local board or department of
health which serves the municipality where the disease occurs or
where the carrier resides or to the department if so provided by
regulation.
(b) The department or local boards or departments of health
may require the heads of hospitals and other institutions, the
directors of laboratories, school authorities, the proprietors
of hotels, roentgenologists, lodging houses, rooming houses or
boarding houses, nurses, midwives, householders, and other
persons having knowledge or suspicion of any communicable
disease, to make a prompt report of the disease in a manner
prescribed by regulation to the local board or department of
health which serves the municipality where the disease occurs,
or to the department if so provided by regulation.
(c) Local boards or departments of health shall make reports
of the diseases reported to them to the department at such times
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and in such manner as shall be provided for by regulation.
(d) Every physician or every person in charge of any
institution for the treatment of diseases shall be authorized,
upon request of the secretary, to make reports of such diseases
and conditions other than communicable diseases which in the
opinion of the Advisory Health Board are needed to enable the
secretary to determine and employ the most efficient and
practical means to protect and to promote the health of the
people by the prevention and control of such diseases and
conditions other than communicable diseases. The reports shall
be made upon forms prescribed by the secretary and shall be
transmitted to the department or to local boards or departments
of health as requested by the secretary.
(e) In addition to the th e requirements under this section,
during a proclamation of disaster emergency issued by the
Governor that is based upon a communicable disease, any
administrator of a health care facility or a personal care home
who has knowledge that a patient or resident is suffering from a
communicable disease related to the disaster emergency shall
make a prompt report of the disease in the manner prescribed by
regulation to the local board or department of health which
serves the municipality where the patient or resident resides or
to the department if so provided by regulation.
Section 15. Confidentiality of Reports and Records.--
(a) EXCEPT AS PROVIDED UNDER SECTION 15.1, State and local
health authorities may not disclose reports of diseases, any
records maintained as a result of any action taken in
consequence of such reports, or any other records maintained
pursuant to this act or any regulations, to any person who is
not a member of the department or of a local board or department
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of health, except [where necessary to carry out the purposes of
this act.] as follows:
(1) Where necessary to carry out the purposes of this act.
(2) Under a proclamation of disaster emergency issued by the
Governor that is based upon a communicable disease, the
secretary or local health authority shall release, within 24
hours of receiving information of a confirmed case of a
communicable disease, individually identifiable health
information related to the communicable disease to 911 centers,
law enforcement officers, fire department personnel, coroners
and emergency medical services personnel, in each county of this
Commonwealth. 911 centers, law enforcement officers, fire
department personnel, coroners and emergency medical services
personnel shall follow all applicable Federal and State laws,
regulations and confidentiality standards.
(2) WHERE NECESSARY TO INFORM THE PUBLIC OF THE RISK OF A
COMMUNICABLE DISEASE .
(b) State and local health authorities may permit the use of
data contained in disease reports and other records, maintained
pursuant to this act, or any regulation, for research purposes,
subject to strict supervision by the health authorities to
insure that the use of the reports and records is limited to the
specific research purposes.
SECTION 2 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 15.1. CONFIDENTIALITY PROVISIONS DURING D ISASTER
EMERGENCY.--UPON A PROCLAMATION OF DISASTER EMERGENCY ISSUED BY
Emergency.--
(a) Upon a proclamation of disaster emergency issued or
renewed by THE GOVERNOR DUE TO A COMMUNICABLE DISEASE infectious
through aerosolized transmission , AND CONTINUING UNTIL SIXTY
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(60) DAYS AFTER THE EXPIRATION OR TERMINATION OF THE
PROCLAMATION OF DISASTER EMERGENCY BY EXECUTIVE ORDER,
PROCLAMATION OR OPERATION OF LAW , THE FOLLOWING CONFIDENTIALITY
PROVISIONS SHALL APPLY TO INFORMATION COLLECTED OR MAINTAINED AS
A RESULT OF THE PROCLAMATION OF DISASTER EMERGENCY:
(1) THE DEPARTMENT OR LOCAL BOARDS OR DEPARTMENTS OF HEALTH
SHALL RELEASE TO PUBLIC SAFETY PERSONNEL, INCLUDING CORONERS,
MEDICAL EXAMINERS, 911 CENTERS, LAW ENFORCEMENT OFFICERS, FIRE
DEPARTMENT PERSONNEL AND EMERGENCY MEDICAL SERVICES PERSONNEL,
THE RESIDENTIAL ADDRESS OF ANY INDIVIDUAL FOR WHOM THE
DEPARTMENT OR LOCAL BOARDS OR DEPARTMENTS OF HEALTH HAVE
CONFIRMED WITHIN THE PREVIOUS TWENTY-FOUR (24) HOURS AS HAVING
THE COMMUNICABLE DISEASE SUBJECT TO THE DISASTER EMERGENCY.
(2) THE DEPARTMENT OR LOCAL BOARDS OR DEPARTMENTS OF HEALTH
WHICH SERVES A MUNICIPALITY SHALL RELEASE THE INFORMATION UNDER
CLAUSE (1) TO THE PUBLIC SAFETY PERSONNEL AFTER THE TOTAL NUMBER
OF CASES OF THE COMMUNICABLE DISEASE EXCEEDS ONE HUNDRED (100)
CASES THROUGHOUT THIS COMMONWEALTH.
(3) THE INFORMATION PROVIDED UNDER CLAUSE (1) OR (2) SHALL
ONLY BE USED FOR THE PURPOSE OF DELIVERING OR ASSISTING IN THE
DELIVERY OF EMERGENCY NOTIFICATION SERVICES, DEATH INVESTIGATION
SERVICES AND EMERGENCY SUPPORT SERVICES. ANY PERSON IN RECEIPT
OF THE INFORMATION PROVIDED UNDER CLAUSE (1) OR (2) SHALL ADHERE
TO ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS AND
CONFIDENTIALITY STANDARDS. THE INFORMATION PROVIDED UNDER CLAUSE
(1) OR (2) MAY ONLY BE RETAINED BY THE PUBLIC SAFETY PERSONNEL
OR MUNICIPALITY FOR FORTY-FIVE (45) DAYS FROM THE DATE WHEN
INFORMATION WAS PROVIDED TO THE PUBLIC SAFETY PERSONNEL OR
MUNICIPALITY BY THE DEPARTMENT OR LOCAL BOARDS OR DEPARTMENTS OF
HEALTH.
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(4) THE DEPARTMENT, IN CONJUNCTION WITH REQUESTS FROM THE
GENERAL ASSEMBLY AND THE BOARD, SHALL DISCLOSE INFORMATION
THAT COULD BE BENEFICIAL TO THE PUBLIC IN THE PREVENTION OF THE
COMMUNICABLE DISEASE BASED ON THE R-NAUGHT (R0) FACTOR OF THE
COMMUNICABLE DISEASE. THE FACTORS SHALL INCLUDE, BUT ARE NOT
LIMITED TO, THE INCREASED RISK OF CONTRACTING THE COMMUNICABLE
DISEASE FOR AN INDIVIDUAL DUE TO AGE, GENDER, RACE, AREA OF
RESIDENCY OR CONNECTION TO A HEALTH CARE FACILITY, SCHOOL OR
PLACE OF EMPLOYMENT. THE INFORMATION UNDER THIS CLAUSE SHALL BE
MADE AVAILABLE ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITES OF
THE DEPARTMENT OR THE LOCAL BOARDS OR DEPARTMENTS OF HEALTH. ANY
CHANGES TO THE INFORMATION UNDER THIS CLAUSE SHALL BE
COMMUNICATED IN WRITING TO THE PRESIDENT PRO TEMPORE OF THE
SENATE, THE MAJORITY LEADER AND MINORITY LEADER OF THE SENATE,
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MAJORITY
LEADER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES NO
LATER THAN TWENTY-FOUR (24) HOURS BEFORE THE INFORMATION IS MADE
AVAILABLE ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITES OF THE
DEPARTMENT OR THE LOCAL BOARDS OR DEPARTMENTS OF HEALTH. , within
twenty-four (24) hours of receiving information of a confirmed
case of the communicable disease infectious through aerosolized
transmission subject to the disaster emergency, the address of
the confirmed case to a public safety answering point as defined
in 35 Pa.C.S. ยง 5302 (relating to definitions). The public
safety answering point shall provide the address to law
enforcement officers, fire department personnel and emergency
medical services personnel. Recipients of the address
information under this clause shall only use the information for
the purpose of notifying law enforcement officers, fire
department personnel and emergency medical services personnel
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that there has been a case of the communicable disease
infectious through aerosolized transmission subject to the
disaster emergency at the address to which the law enforcement
officers, fire department personnel and emergency medical
services personnel have been called to perform an essential job
function. Law enforcement officers, fire department personnel
and emergency medical services personnel may not use or disclose
address information for any purpose other than to carry out an
essential job function at the given address.
(2) The department or local boards or departments of health
shall release, within twenty-four (24) hours of receiving
information of a confirmed case of the communicable disease
infectious through aerosolized transmission subject to the
disaster emergency, the address of the confirmed case of the
communicable disease subject to the disaster emergency to
coroners and medical examiners in a manner prescribed by the
department. Recipients of the address information under this
clause shall only use the information for the purpose of
notifying staff that there has been a case of the communicable
disease infectious through aerosolized transmission subject to
the disaster emergency at the address to which the coroner,
medical examiner or staff have been called to perform an
essential job function. Coroners, medical examiners and staff
receiving this data may not use or disclose address information
for any purpose other than to carry out an essential job
function at the given address provided under section 1218-B of
the act of August 9, 1955 (P.L.323, No.130), known as The County
Code.
(3) The department may disclose additional information
determined to be essential to protecting public health and
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safety and to prevent the spread of the communicable disease
infectious through aerosolized transmission subject to disaster
emergency on the factors that determine the basic reproduction
number or R-naught (R0) of the communicable disease . In
determining the additional factors to disclose, the department
shall consider all of the following:
(i) Requests for data from the General Assembly, including,
but not limited to, areas of heightened risk to the residents of
this Commonwealth.
(ii) The factors that contribute to the increased risk of
contracting the communicable disease infectious through
aerosolized transmission for an individual due to age, gender,
race, area of residency or connection to a health care facility,
school or place of employment, population density or other
factors.
(iii) Applicable Federal and State privacy and
confidentiality requirements, including, but not limited to, the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191, 110 Stat. 1936).
(b) Notwithstanding any other provision of law, this section
shall not apply to cities and counties of the first class for
the duration of the period of 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.
Section 2 3 4. This act shall take effect immediately.
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