Session of 2022
No. 2022-30
 
HB 2401
 
AN ACT
 
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An act relating to health
            care; prescribing the powers and duties of the Department of Health; establishing
            and providing the powers and duties of the State Health Coordinating Council, health
            systems agencies and Health Care Policy Board in the Department of Health, and State
            Health Facility Hearing Board in the Department of Justice; providing for certification
            of need of health care providers and prescribing penalties," in licensing of health
            care facilities, further providing for licensure; providing for COVID-19 regulatory
            flexibility authority; and making a related repeal.
         
 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 806(d) of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care
            Facilities Act, is amended to read:
         
Section 806.  Licensure.
* * *
(d)  Home health care agency regulations.--
(1)  In developing rules and regulations for licensure of home health care agencies the
            department shall take into consideration the standards of national accreditation organizations
            as the department may find appropriate.
         
(2)  Home health care services may be ordered by nurse practitioners and physician assistants
            as provided under sections 1814(a) and 1835(a) of the Social Security Act (49 Stat.
            620, 42 U.S.C.  1395 et seq.), if the nurse practitioner's or physician assistant's
            collaborating or supervising physician is identified in the patient's written plan
            of treatment. Upon receipt of the necessary Federal waivers or approvals for medical
            assistance programs under paragraph (3), home health care services for individuals
            eligible for medical assistance may also be ordered by nurse practitioners and physician
            assistants if the nurse practitioner's or physician assistant's collaborating or supervising
            physician is identified in the patient's written plan of treatment.
         
(3)  The Department of Human Services shall submit a request for Federal waivers or approvals
            for medical assistance programs to the Federal Government as necessary to implement
            paragraph (2) and to ensure compliance with Federal law.
         
(4)  Within 30 days of issuance, an order of home health care services must be signed and
            dated by a physician, nurse practitioner or physician assistant.
         
(5)  The department shall require home health care agencies providing home health aide services to comply with 42 CFR 484.80(h) (relating to condition of participation: home health aide services) for the purposes of this subsection.
(6)  Home health care agencies certified as providers by the department to the Federal
            Government for purposes of the Medicare program shall be deemed to comply with and
            satisfy the department's regulations governing home health care agencies.
         
* * *
Section 2.  The act is amended by adding a chapter to read:
CHAPTER 8-A
COVID-19 REGULATORY FLEXIBILITY AUTHORITY
Section 801-A.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
            given to them in this section unless the context clearly indicates otherwise:
         
"COVID-19."  The coronavirus disease 2019, being an infectious disease caused by severe acute respiratory
            syndrome coronavirus 2 that was first identified during December 2019 in Wuhan, China.
         
"Declaration."  Any of the following:
(1)  the declaration of disaster emergency issued by the Governor on March 6, 2020, published
            at 50 Pa.B. 1644 (March 21, 2020); or
         
(2)  a declaration of disaster emergency relating to COVID-19 which is issued after March
            6, 2020.
         
"Federal public health emergency declaration."  The determination made on January 31, 2020, by the United States Secretary of Health
            and Human Services under section 319 of the Public Health Service Act (58 Stat. 682,
            42 U.S.C.  247d) that a public health emergency exists relating to COVID-19 and any
            renewal of the determination.
         
Section 802-A.  COVID-19 regulatory flexibility authority.
(a)  Extension.--The suspension of a regulatory statute prescribing the procedures for
            conduct of Commonwealth business, or an order, rule or regulation of a Commonwealth
            agency which was suspended under 35 Pa.C.S.  7301(f)(1) (relating to general authority
            of Governor) as of the last day that the declaration, as amended and renewed, was
            in effect is extended until September 30, 2021, unless sooner terminated by the authority
            which initially authorized the suspension.
         
(a.1)  Additional temporary extensions.--The following suspensions of regulatory statutes,
            rules and regulations extended under subsection (a) which are in effect on September
            30, 2021, are extended until March 31, 2022, unless sooner terminated by the authority
            which initially authorized the suspension:
         
(1)  The following provisions enforced by the Department of Drug and Alcohol Programs:
(i)  28 Pa. Code  715.6(d) (relating to physician staffing).
(ii)  28 Pa. Code  715.9(a)(4) (relating to intake).
(iii)  28 Pa. Code  715.16(e) (relating to take-home privileges).
(2)  The following provisions enforced by the Office of Administration:
(i)  71 Pa.C.S.  2407 (relating to emergency appointments).
(ii)  Former 4 Pa. Code  604.5 (relating to reassignments and transfers authorized).
(iii)  Former 4 Pa. Code  604.6 (relating to initiation of transfers).
(iv)  Former 4 Pa. Code  604.7 (relating to limitations on transfer).
(v)  Former 4 Pa. Code  604.8 (relating to effect of transfer on probationary period).
(vi)  Former 4 Pa. Code  604.9 (relating to transfer of classified service employees entering
            the Senior Management Service).
         
(3)  The following provisions enforced by the Department of Banking and Securities:
(i)  7 Pa.C.S.  6131(a.1) and (f)(2) (relating to application for license).
(ii)  12 Pa.C.S.  6212(b)(2) (relating to initial license application).
(iii)  Section 4 of the act of April 6, 1937 (P.L.200, No.51), known as the Pawnbrokers License
            Act.
         
(iv)  Section 8 of the act of April 8, 1937 (P.L.262, No.66), known as the Consumer Discount
            Company Act.
         
(v)  Section 2 of the act of September 2, 1965 (P.L.490, No.249), referred to as the Money
            Transmission Business Licensing Law.
         
(vi)  Section 301(b)(3) of the act of February 18, 1998 (P.L.146, No.22), known as the Check
            Casher Licensing Act.
         
(vii)  Section 5(2) of the act of October 9, 2008 (P.L.1421, No.117), known as the Debt Management
            Services Act.
         
(viii)  Section 313(a) of the act of July 9, 2014 (P.L.1022, No.118), known as the Debt Settlement
            Services Act.
         
(4)  The following provisions enforced by the Department of Military and Veterans Affairs:
(i)  51 Pa.C.S.  709 (relating to operation of State-owned vehicles).
(ii)  51 Pa.C.S.  3105 (relating to association group life insurance for Pennsylvania National
            Guard).
         
(iii)  Section 2407.
(iv)  4 Pa. Code  39.93 (relating to general).
(v)  4 Pa. Code  39.95 (relating to operation of State automobiles).
(5)  The following provisions enforced by the Department of Labor and Industry:
(i)  Section 449 of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation
            Act.
         
(ii)  Section 505.1 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
            known as the Unemployment Compensation Law.
         
(iii)  Section 9(a)(2)(i) and (3) and (b)(2)(i) of the act of October 24, 2012 (P.L.1209,
            No.151), known as the Child Labor Act.
         
(iv)  34 Pa. Code  101.83 (relating to notification of filing of appeal).
(v)  34 Pa. Code  101.110 (relating to notice of decision of Board).
(vi)  34 Pa. Code  101.128 (relating to scheduling of telephone testimony).
(vii)  34 Pa. Code  101.130 (relating to notice of testimony by telephone and use of documents).
(6)  The following provisions enforced by the Department of Revenue:
(i)  Section 903 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
            of 1971.
         
(ii)  Section 1502 of the Tax Reform Code of 1971.
(7)  Regulatory statutes, rules or regulations enforced by the Department of Health.
(8)  Regulatory statutes, rules or regulations enforced by the Department of Human Services.
(9)  Regulatory statutes, rules or regulations enforced by the Bureau of Professional and
            Occupational Affairs.
         
(a.2)  Additional temporary extensions.--The following suspensions of regulatory statutes,
            rules and regulations extended under subsection (a.1) which are in effect on March
            31, 2022, are extended until June 30, 2022, unless sooner terminated by the authority
            which initially authorized the suspension:
         
(1)  (Reserved).
(2)  (Reserved).
(3)  The following provisions enforced by the Department of Banking and Securities:
(i)  7 Pa.C.S.  6131(a.1) and (f)(2).
(ii)  12 Pa.C.S.  6212(b)(2).
(iii)  Section 4 of the Pawnbrokers License Act.
(iv)  Section 8 of the Consumer Discount Company Act.
(v)  Section 2 of the Money Transmission Business Licensing Law.
(vi)  Section 301(b)(3) of the Check Casher Licensing Act.
(vii)  Section 5(2) of the Debt Management Services Act.
(viii)  Section 313(a) of the Debt Settlement Services Act.
(4)  The following provisions enforced by the Department of Military and Veterans Affairs:
(i)  51 Pa.C.S.  709.
(ii)  51 Pa.C.S.  3105.
(iii)  Section 2407.
(iv)  4 Pa. Code  39.93.
(v)  4 Pa. Code  39.95.
(5)  The following provisions enforced by the Department of Labor and Industry:
(i)  (Reserved).
(ii)  Section 505.1 of the Unemployment Compensation Law.
(iii)  Section 9(a)(2)(i) and (3) and (b)(2)(i) of the Child Labor Act.
(iv)  34 Pa. Code  101.83.
(v)  (Reserved).
(vi)  34 Pa. Code  101.128.
(vii)  34 Pa. Code  101.130.
(6)  (Reserved).
(7)  Regulatory statutes, rules or regulations enforced by the Department of Health other
            than suspensions extended under subsection (a.3).
         
(8)  Regulatory statutes, rules or regulations enforced by the Department of Human Services
            other than suspensions extended under subsection (a.3).
         
(9)  Regulatory statutes, rules or regulations enforced by the Bureau of Professional and
            Occupational Affairs other than suspensions extended under subsection (a.3).
         
(a.3)  Additional extensions relating to Federal public health emergency declaration.--Suspensions
            of regulatory statutes, rules and regulations extended under subsection (a.1) which
            are in effect on March 31, 2022, and which are related to Federal exemptions granted
            under the Federal public health emergency declaration are extended until the later
            of the following, unless sooner terminated by the authority that initially authorized
            the suspension:
         
(1)  the last day of the Federal public health emergency declaration; or
(2)  the last day Federal exemptions granted under the Federal public health emergency
            declaration are authorized.
         
(a.4)  Additional temporary extensions.--The following suspensions of regulatory statutes,
            rules and regulations extended under subsection (a.1) which are in effect on June
            30, 2022, are extended until October 31, 2022, unless sooner terminated by the authority
            which initially authorized the suspension:
         
(1)  (Reserved).
(2)  (Reserved).
(3)  The following provisions enforced by the Department of Banking and Securities:
(i)  7 Pa.C.S.  6131(a.1) and (f)(2).
(ii)  (Reserved).
(iii)  (Reserved).
(iv)  (Reserved).
(v)  (Reserved).
(vi)  (Reserved).
(vii)  (Reserved).
(viii)  (Reserved).
(4)  The following provisions enforced by the Department of Military and Veterans
            Affairs:
         
(i)  51 Pa.C.S.  709.
(ii)  51 Pa.C.S.  3105.
(iii)  Section 2407.
(iv)  4 Pa. Code  39.93.
(v)  4 Pa. Code  39.95.
(5)  The following provisions enforced by the Department of Labor and Industry:
(i)  (Reserved).
(ii)  Section 505.1 of the Unemployment Compensation Law.
(iii)  Section 9(a)(2)(i) and (3) and (b)(2)(i) of the Child Labor Act.
(iv)  34 Pa. Code  101.83.
(v)  (Reserved).
(vi)  34 Pa. Code  101.128.
(vii)  34 Pa. Code  101.130.
(6)  (Reserved).
(7)  Regulatory statutes, rules or regulations enforced by the Department of Health
            other than suspensions extended under subsection (a.3).
         
(8)  Regulatory statutes, rules or regulations enforced by the Department of Human
            Services other than suspensions extended under subsection (a.3).
         
(9)  Regulatory statutes, rules or regulations enforced by the Bureau of Professional
            and Occupational Affairs other than suspensions extended under subsection (a.3).
         
(b)  Applicability.--
(1)  A suspension which is extended under subsection (a) shall be retroactive to the last
            day that the declaration, as amended and renewed, was in effect.
         
(2)  A suspension extended under subsection (a.1) shall be retroactive to September 30,
            2021.
         
(c)  Notice.--Upon the termination of an extension or a suspension under subsection (a),
            (a.1), (a.2), (a.3) or (a.4), the authority which terminated the extension of the
            suspension shall notify all of the following:
         
(1)  The President pro tempore of the Senate.
(2)  The Majority Leader of the Senate.
(3)  The Minority Leader of the Senate.
(4)  The Speaker of the House of Representatives.
(5)  The Majority Leader of the House of Representatives.
(6)  The Minority Leader of the House of Representatives.
(7)  The chair and minority chair of each committee of the Senate and the chair and minority
            chair of each committee of the House of Representatives which have oversight authority
            over the Commonwealth agency which administers the regulatory statute, order, rule
            or regulation.
         
(d)  Reports.--
(1)  No later than November 1, 2021, each authority which initially authorized a suspension
            which was extended under subsection (a) shall issue a report, which shall be published
            on the authority's publicly accessible Internet website.
         
(2)  No later than May 31, 2022, each authority which initially authorized a suspension
            which was extended under subsection (a.1) shall issue an updated report, which shall
            be published on the authority's publicly accessible Internet website and shall be
            provided to each member of the General Assembly.
         
(2.1)  No later than August 31, 2022, each authority which initially authorized a suspension
            which was extended under subsection (a.2) shall issue an updated report, which shall
            be published on the authority's publicly accessible Internet website and shall be
            provided to each member of the General Assembly.
         
(2.2)  No later than 60 days after the last day that the Federal public health emergency
            declaration is in effect, each authority which initially authorized a suspension which
            was extended under subsection (a.3) shall issue an updated report, which shall be
            published on the authority's publicly accessible Internet website and shall be provided
            to each member of the General Assembly.
         
(2.3)  No later than December 31, 2022, each authority which initially authorized
            a suspension which was extended under subsection (a.4) shall issue an updated report,
            which shall be published on the authority's publicly accessible Internet website and
            shall be provided to each member of the General Assembly.
         
(3)  A report under this subsection shall include all of the following:
(i)  A list of each suspension which was extended under subsections (a), (a.1), (a.2),
            (a.3) and (a.4). The list under this paragraph shall include a reference to the regulatory
            statute, order, rule or regulation which was suspended.
         
(ii)  For each suspension under subparagraph (i) which was extended under subsection (a):
(A)  Whether the extension of the suspension was terminated under subsection (a) prior
            to September 30, 2021, and the date of the termination.
         
(B)  Whether the extension of the suspension expired on September 30, 2021.
(C)  Whether the extension was extended under subsection (a.1).
(iii)  For each suspension under subparagraph (i) which was extended under subsection (a.1):
(A)  Whether the extension of the suspension was terminated under subsection (a.1) prior
            to March 31, 2022, and the date of the termination.
         
(B)  Whether the extension of the suspension expired on March 31, 2022.
(C)  Whether the extension was extended under subsection (a.2).
(D)  Whether the extension was extended under subsection (a.3).
(E)  Whether the authority recommends that the policy underlying the suspension be enacted
            permanently into statute or regulation. The authority may include analysis related
            to the recommendation.
         
(iv)  For each suspension under subparagraph (i) which was extended under subsection (a.2):
(A)  Whether the extension of the suspension was terminated under subsection (a.2) prior
            to June 30, 2022, and the date of the termination.
         
(B)  Whether the extension of the suspension expired on June 30, 2022.
(C)  Whether the extension was extended under subsection (a.4).
(v)  For each suspension under subparagraph (i) which was extended under subsection (a.3):
(A)  Whether the extension of the suspension was terminated under subsection (a.3) prior
            to the last day that the Federal public health emergency declaration is in effect
            and the date of the termination.
         
(B)  If applicable, the last day that the Federal public health emergency declaration is
            in effect.
         
(vi)  For each suspension under subparagraph (i) which was extended under subsection
            (a.4):
         
(A)  Whether the extension of the suspension was terminated under subsection (a.4)
            prior to October 31, 2022, and the date of the termination.
         
(B)  Whether the extension of the suspension expired on October 31, 2022.
Section 3.  Repeals are as follows:
(1)  The General Assembly declares that the repeal under paragraph (2) is necessary to
            effectuate the addition of Chapter 8-A of the act.
         
(2)  Article XXI-F of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative
            Code of 1929, is repealed.
         
Section 4.  The provisions of 28 Pa. Code  601.31 and 601.35 are abrogated insofar as they are
            inconsistent with the amendment of section 806(d) of the act.
         
Section 5.  This act shall take effect immediately.
 
APPROVED--The 30th day of June, A.D. 2022.
 
TOM WOLF