Regular Session 2019-2020 Senate Bill 0841 P.N. 1623

PRIOR PRINTER'S NOS. 1151, 1323, 1338,

1397, 1410 PRINTER'S NO. 1623

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

841

Session of

2019

INTRODUCED BY MARTIN, GORDNER, YAW, MENSCH, KILLION, COSTA,

MASTRIANO, BARTOLOTTA AND K. WARD, SEPTEMBER 3, 2019

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, APRIL 6, 2020

AN ACT

Amending Title TITLES 35 (Health and Safety) AND 42 (JUDICIARY

AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated

Statutes, providing for the Health Care Cost Containment

Council, for its powers and duties, for health care cost

containment through the collection and dissemination of data,

for public accountability of health care costs and for health

care for the indigent.; PROVIDING FOR COVID-19 DISASTER

EMERGENCY; IN LOCAL ORGANIZATIONS AND SERVICES, FURTHER

PROVIDING FOR GENERAL AUTHORITY OF POLITICAL SUBDIVISIONS;

AND, IN UNIFORM UNSWORN FOREIGN DECLARATIONS ACT, FURTHER

PROVIDING FOR HEADING OF CHAPTER, FOR SHORT TITLE OF CHAPTER,

FOR DEFINITIONS, FOR APPLICABILITY AND FOR FORM OF UNSWORN

DECLARATION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART II

REGULATED ENTITIES

Chapter

33. Health Care Cost Containment

CHAPTER 33

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HEALTH CARE COST CONTAINMENT

Sec.

3301. Short title of chapter.

3302. Definitions.

3303. Health Care Cost Containment Council.

3304. Powers and duties of council.

3305. Data submission and collection.

3306. Data dissemination and publication.

3307. Mandated health benefits.

3308. Right-to-Know Law and access to council data.

3309. Special studies and reports.

3310. Enforcement and penalty.

3311. Research and demonstration projects.

3312. Grievances and grievance procedures.

3313. Antitrust provisions.

3314. Contracts with vendors.

3315. Reporting.

3316 . Severability.

3317. EXPIRATION.

§ 3301. Short title of chapter.

This chapter shall be known and may be cited as the Health

Care Cost Containment Act.

§ 3302. 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:

"Ambulatory service facility." A facility licensed in this

Commonwealth which is not part of a hospital and which provides

medical, diagnostic or surgical treatment to patients not

requiring hospitalization, including ambulatory surgical

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facilities, ambulatory imaging or diagnostic centers, birthing

centers, freestanding emergency rooms and any other facilities

providing ambulatory care which charge a separate facility

charge. The term does not include the offices of private

physicians or dentists, whether for individual or group

practices.

"Charge" or "rate." The amount billed by a provider for

specific goods or services provided to a patient, prior to any

adjustment for contractual allowances.

"Council." The Health Care Cost Containment Council.

"Covered services." Any health care services or procedures

connected with episodes of illness or injury that require either

inpatient hospital care or major ambulatory service, including

any initial and follow-up outpatient services associated with

the episode of illness or injury before, during or after

inpatient hospital care or major ambulatory service. The term

does not include routine outpatient services connected with

episodes of illness that do not require hospitalization or major

ambulatory service.

"Data." Data collected by the council under section 3305

(relating to data submission and collection) . The term includes

raw data.

"Data source." The term includes a provider.

"Health care facility." A general or special hospital,

including:

(1) Psychiatric hospitals.

(2) Kidney disease treatment centers, including

freestanding hemodialysis units.

(3) Ambulatory service facilities.

(4) Hospices, including hospices operated by an agency

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of State or local government.

"Health care insurer." As follows:

(1) A person, corporation or other entity that offers

administrative, indemnity or payment services for health care

in exchange for a premium or service charge under a program

of health care benefits, including, but not limited to:

(i) An insurance company, association or exchange

issuing health insurance policies in this Commonwealth

governed by the act of May 17, 1921 (P.L.682, No.284),

known as The Insurance Company Law of 1921.

(ii) A hospital plan corporation as defined in 40

Pa.C.S. Ch. 61 (relating to hospital plan corporations).

(iii) A professional health service corporation as

defined in 40 Pa.C.S. Ch. 63 (relating to professional

health services plan corporations).

(iv) A health maintenance organization governed by

the act of December 29, 1972 (P.L.1701, No.364), known as

the Health Maintenance Organization Act.

(v) A third-party administrator governed by Article

X of the act of May 17, 1921 (P.L.789, No.285), known as

The Insurance Department Act of 1921.

(2) The term does not include:

(i) Employers, labor unions or health and welfare

funds jointly or separately administered by employers or

labor unions that purchase or self-fund a program of

health care benefits for their employees or members and

their dependents.

(ii) The following types of insurance or any

combination thereof:

(A) Accident only.

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(B) Fixed indemnity.

(D) Limited benefit.

(E) Credit.

(F) Dental.

(G) Vision.

(H) Specified disease.

(I) Medicare supplement.

(J) Civilian Health and Medical Program of the

Uniformed Services (CHAMPUS) supplement.

(K) Long-term care or disability income.

(L) Workers' compensation.

(M) Automobile medical payment insurance.

"Health maintenance organization." An organized system which

combines the delivery and financing of health care and which

provides basic health services to voluntarily enrolled

subscribers for a fixed prepaid fee, as defined in the Health

Maintenance Organization Act.

"Hospital." An institution licensed in this Commonwealth

which is:

(1) A general, mental, chronic disease or other type of

hospital.

(2) A kidney disease treatment center, including kidney

disease treatment centers operated by an agency of State or

local government.

"Major ambulatory service." Surgical or medical procedures,

including diagnostic and therapeutic radiological procedures,

commonly performed in hospitals or ambulatory service

facilities, which are not of a type commonly performed, or which

cannot be safely performed, in physicians' offices and which

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require special facilities such as operating rooms or suites or

special equipment such as fluoroscopic equipment or computed

tomographic scanners, or a postprocedure recovery room or short-

term convalescent room.

"Medical procedure incidence variations." The variation in

the incidence in the population of specific medical, surgical

and radiological procedures in any given year, expressed as a

deviation from the norm, as these terms are defined in the

classical statistical definition of "variation," "incidence,"

"deviation" and "norm."

"Payment." The payments that providers actually accept for

their services, exclusive of charity care, rather than the

charges they bill.

"Payor." Any person or entity, including, but not limited

to, health care insurers and purchasers, that make direct

payments to providers for covered services.

"Physician." An individual licensed under the laws of this

Commonwealth to practice medicine and surgery within the scope

of the act of October 5, 1978 (P.L.1109, No.261), known as the

Osteopathic Medical Practice Act, or the act of December 20,

1985 (P.L.457, No.112), known as the Medical Practice Act of

1985.

"Preferred provider organization." Any arrangement between a

health care insurer and providers of health care services which

specifies rates of payment to such providers which differ from

their usual and customary charges to the general public and

which encourages enrollees to receive health services from such

providers.

"Provider." A hospital, a health care facility, an

ambulatory service facility or a physician.

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"Provider quality." The extent to which a provider renders

care that, within the capabilities of modern medicine, obtains

for patients medically acceptable health outcomes and prognoses,

adjusted for patient severity, and treats patients

compassionately and responsively.

"Provider service effectiveness." The effectiveness of

services rendered by a provider, determined by measurement of

the medical outcome of patients grouped by severity receiving

those services.

"Purchaser." Corporations, labor organizations or other

entities that purchase benefits which provide covered services

for their employees or members, either through a health care

insurer or by means of a self-funded program of benefits, and a

certified bargaining representative that represents a group or

groups of employees for whom employers purchase a program of

benefits which provide covered services, but excluding any

entity defined in this section as a "health care insurer ."

"Severity." In any patient, the measureable degree of the

potential for failure of one or more vital organs.

§ 3303. Health Care Cost Containment Council.

(a) Establishment.--The Health Care Cost Containment Council

is established as an independent council.

(b) Composition.--The council shall consist of voting

members, composed of and appointed in accordance with the

following:

(1) The Secretary of Health.

(2) The Secretary of Human Services.

(3) The Insurance Commissioner.

(4) Six representatives of the business community, at

least one of whom represents small business, who are

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purchasers of health care, none of which is primarily

involved in the provision of health care or health insurance,

three of which shall be appointed by the President pro

tempore of the Senate and three of which shall be appointed

by the Speaker of the House of Representatives from a list of

12 qualified persons recommended by the Pennsylvania Chamber

of Business and Industry. Three nominees shall be

representatives of small business.

(5) Six representatives of organized labor, three of

which shall be appointed by the President pro tempore of the

Senate and three of which shall be appointed by the Speaker

of the House of Representatives from a list of twelve

qualified persons recommended by the Pennsylvania AFL-CIO.

(6) One representative of consumers who is not primarily

involved in the provision of health care or health care

insurance, appointed by the Governor from a list of three

qualified persons recommended jointly by the Speaker of the

House of Representatives and the President pro tempore of the

Senate.

(7) Two representatives of hospitals, appointed by the

Governor from a list of five qualified hospital

representatives recommended by the Hospital and Health System

Association of Pennsylvania one of whom shall be a

representative of rural hospitals. Each representative under

this paragraph may appoint two additional delegates to act

for the representative only at meetings of committees, as

provided for in subsection (f).

(8) Two representatives of physicians, appointed by the

Governor from a list of five qualified physician

representatives recommended jointly by the Pennsylvania

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Medical Society and the Pennsylvania Osteopathic Medical

Society. The representative under this paragraph may appoint

two additional delegates to act for the representative only

at meetings of committees, as provided for in subsection (f).

(8.1) An individual appointed by the Governor who has

expertise in the application of continuous quality

improvement methods in hospitals.

(8.2) One representative of nurses, appointed by the

Governor from a list of three qualified representatives

recommended by the Pennsylvania State Nurses Association.

(9) One representative of the Blue Cross and Blue Shield

plans in Pennsylvania, appointed by the Governor from a list

of three qualified persons recommended jointly by the Blue

Cross and Blue Shield plans of Pennsylvania.

(10) One representative of commercial insurance

carriers, appointed by the Governor from a list of three

qualified persons recommended by the Insurance Federation of

Pennsylvania, Inc.

(11) Two individuals appointed by the Governor who have

expertise in health economics and outcomes research.

(12) Representatives from the General Assembly as

follows:

(i) One Senator appointed by the President pro

tempore of the Senate.

(ii) One Senator appointed by the Minority Leader of

the Senate.

(iii) One member of the House of Representatives

appointed by the Speaker of the House of Representatives.

(iv) One member of the House of Representatives

appointed by the Minority Leader of the House of

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Representatives.

(13) In the case of each appointment to be made from a

list supplied by a specified organization, it is incumbent

upon that organization to consult with and provide a list

which reflects the input of other equivalent organizations

representing similar interests. Each appointing authority

will have the discretion to request additions to the list

originally submitted. Additional names will be provided not

later than 15 days after such request. Appointments shall be

made by the appointing authority no later than 90 days after

receipt of the original list. If, for any reason, any

specified organization supplying a list should cease to

exist, then the respective appointing authority shall specify

an equivalent organization to fulfill the responsibilities

set forth in this chapter .

annually elect, by a majority vote of the members, a chairperson

and a vice chairperson of the council from the business and

labor members of the council.

(d) Quorum.--The council shall establish in the council's

bylaws the number of members necessary to constitute a quorum.

(e) Meetings.--All meetings of the council shall be

advertised and conducted under 65 Pa.C.S. Ch. 7 (relating to

open meetings), unless otherwise provided in this section. The

following apply:

(1) The council shall meet at least once every two

months and may provide for special meetings as it deems

necessary. Meeting dates shall be set by a majority vote of

the members of the council or by the call of the chairperson

upon seven days' notice to council members. Attendance at the

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meeting may be accomplished by electronic means so long as

each council member attending via electronic means can

communicate in real time with the other members of the

council and the public.

(2) All meetings of the council shall be publicly

advertised, as provided for in this subsection, and shall be

open to the public, except that the council, through its

bylaws, may provide for executive sessions of the council on

subjects permitted to be discussed in such sessions under 65

Pa.C.S. Ch. 7. No act of the council shall be taken in an

executive session.

(3) The council shall publish a schedule of its meetings

in the Pennsylvania Bulletin , on its publicly accessible

Internet website and as provided under 65 Pa.C.S. Ch. 7. The

notice shall be published at least once in each calendar

quarter and shall list the schedule of meetings of the

council to be held in the subsequent calendar quarter. The

notice shall specify the date, time and place of the meeting

and shall state that the council's meetings are open to the

general public, except that no notice shall be required for

executive sessions of the council.

(4) All action taken by the council shall be taken in

open public session, and action of the council shall not be

taken except upon the affirmative vote of a majority of the

members of the council present during meetings at which a

quorum is present.

(f) Bylaws.--The council shall adopt bylaws, not

inconsistent with this chapter, and may appoint such committees

or elect such officers subordinate to those provided for in

subsection (c) as it deems advisable.

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(g) Technical advisory group.--

(1) The council shall appoint a technical advisory group

which shall, on an ad hoc basis, respond to issues presented

to it by the council or committees of the council and shall

make recommendations to the council. The technical advisory

group shall include:

(i) Physicians.

(ii) Researchers.

(iii) Biostatisticians.

(iv) One representative of the Hospital and

Healthsystem Association of Pennsylvania.

(v) One representative of the Pennsylvania Medical

Society.

(2) The Hospital and Healthsystem Association of

Pennsylvania and the Pennsylvania Medical Society

representatives shall not be subject to executive committee

approval. In appointing other physicians, researchers and

biostatisticians to the technical advisory group, the council

shall consult with and take nominations from the

representatives of:

(i) the Hospital Association of Pennsylvania;

(ii) the Pennsylvania Medical Society;

(iii) the Pennsylvania Osteopathic Medical Society;

(iv) other like organizations.

(3) At its discretion and in accordance with this

section, nominations shall be approved by the executive

committee of the council. If the subject matter of any

project exceeds the expertise of the technical advisory

group, physicians in appropriate specialties who possess

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current knowledge of the issue under study may be consulted.

The technical advisory group shall also review the

availability and reliability of severity of illness

measurements as they relate to small hospitals and

psychiatric, rehabilitation and children's hospitals and

shall make recommendations to the council based upon this

review. Meetings of the technical advisory group shall be

open to the general public.

(h) Payment data advisory group.--

(1) In order to assure the technical appropriateness and

accuracy of payment data, the council shall establish a

payment data advisory group to produce recommendations

surrounding the collection of payment data, the analysis and

manipulation of payment data and the public reporting of

payment data. The payment data advisory group shall include

technical experts and individuals knowledgeable in payment

systems and claims data. The advisory group shall consist of

the following members appointed by the council:

(i) One member representing each plan under 40

Pa.C.S. Chs. 61 (relating to hospital plan corporations)

and 63 (relating to professional health services plan

corporations ).

(ii) Two members representing commercial insurance

carriers.

(iii) Three members representing health care

facilities.

(iv) Three members representing physicians.

(2) The payment data advisory group shall meet at least

four times a year and may provide for special meetings as may

be necessary.

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(3) The payment data advisory group shall review and

concur with the technical appropriateness of the use and

presentation of data and report its findings to the council

prior to any vote to publicly release reports. If the council

elects to release a report without addressing the technical

concerns of the advisory group, it shall prominently disclose

this in the public report and include the comments of the

advisory group in the public report.

(4) The payment data advisory group shall exercise all

powers necessary and appropriate to carry out its duties,

including advising the council on the following:

(i) Collection of payment data by the council.

(ii) Manipulation, adjustments and methods used with

payment data.

(iii) Public reporting of payment data by the

council.

(i) Compensation and expenses.--The members of the council

and any member of an advisory group appointed by the council

shall not receive a salary or per diem allowance for serving as

members or advisors of the council, but shall be reimbursed for

actual and necessary expenses incurred in the performance of

their duties. The expenses may include reimbursement of travel

and living expenses while engaged in council business.

(j) Terms of council members.--

(1) The terms of the Secretary of Health, the Secretary

of Human Services, the Insurance Commissioner and the

legislative representatives shall be concurrent with their

holding of public office. The council members under

subsection (b)(4), (5), (6), (7), (8), (8.1), (8.2), (9),

(10), (11) and (12) shall each serve for a term of four years

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and shall continue to serve thereafter until their successors

are appointed.

(2) Vacancies on the council shall be filled in the

manner designated under subsection (b), within 60 days of the

vacancy, except that, when vacancies occur among the

representatives of business or organized labor, two

nominations shall be submitted by the organization specified

in subsection (b) for each vacancy on the council. If the

officer required in subsection (b) to make appointments to

the council fails to act within 60 days of the vacancy, the

council chairperson may appoint one of the persons

recommended for the vacancy until the appointing authority

makes the appointment.

(3) Except for the Secretary of Health, the Secretary of

Human Services, the Insurance Commissioner and the

legislative representatives, a member may be removed for just

cause by the appointing authority after recommendation by a

vote of at least 14 members of the council.

(4) No appointed member under subsection (b)(4), (5),

(6), (7), (8), (8.1), (8.2), (9), (10), (11) and (12) shall

be eligible to serve more than three full consecutive terms

of four years beginning on the effective date of this

paragraph.

(k) Subsequent appointments.--Submission of lists of

recommended persons and appointments of council members for

succeeding terms shall be made in the same manner as prescribed

in subsection (b), except that:

(1) Organizations required under subsection (b) to

submit lists of recommended persons shall do so at least 60

days prior to expiration of the council members' terms.

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(2) The officer required under subsection (b) to make

appointments to the council shall make the appointments at

least 30 days prior to expiration of the council members'

terms. If the appointments are not made within the specified

time, the council chairperson may make interim appointments

from the lists of recommended individuals. An interim

appointment shall be valid only until the appropriate officer

under subsection (b) makes the required appointment. Whether

the appointment is by the required officer or by the

chairperson of the council, the appointment shall become

effective immediately upon expiration of the incumbent

member's term.

§ 3304 . Powers and duties of council.

(a) General powers.--The council shall exercise all powers

necessary and appropriate to carry out its duties, including the

following:

(1) To employ an executive director, investigators and

other staff necessary to comply with the provisions of this

chapter and regulations promulgated thereunder, to employ or

retain legal counsel and to engage professional consultants,

as it deems necessary to the performance of its duties. Any

consultants, other than sole source consultants, engaged by

the council shall be selected in accordance with the

provisions for contracting with vendors set forth in section

3314 (relating to contracts with vendors).

(2) To fix the compensation of all employees and to

prescribe their duties. Notwithstanding the independence of

the council under section 3303(a) (relating to Health Care

Cost Containment Council) , employees under this paragraph

shall be deemed employees of the Commonwealth for the

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purposes of participation in the Pennsylvania Employee

Benefit Trust Fund.

(3) To make and execute contracts and other instruments,

including those for purchase of services and purchase or

leasing of equipment and supplies, necessary or convenient to

the exercise of the powers of the council. Any such contract

shall be in accordance with the provision for contracting

with vendors set forth in section 3314.

(4) To conduct examinations and investigations, to

conduct audits, under the provisions of subsection (c), and

to hear testimony and take proof, under oath or affirmation,

at public or private hearings, on any matter necessary to its

duties.

(5) To provide hospitals with individualized data on

patient safety indicators under section 3305(c)(8) (relating

to data submission and collection) . The data shall be risk

adjusted and made available to hospitals electronically and

free of charge on a quarterly basis within 45 days of receipt

of the corrected quarterly data from the hospitals. The data

is intended to provide the patient safety committee of each

hospital with information necessary to assist in conducting

patient safety analysis.

(6) To do all things necessary to carry out its duties

under the provisions of this chapter.

(b) Rules and regulations.--

(1) The council may promulgate rules and regulations as

necessary and appropriate to implement this act.

(2) Regulations promulgated by the council shall be

promulgated in accordance with the act of June 25, 1982

(P.L.633, No.181), known as the Regulatory Review Act.

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(3) Rules and regulations in effect prior to the

effective date of this section shall remain in effect.

independently audit all information required to be submitted by

data sources as needed to corroborate the accuracy of the

submitted data, pursuant to the following:

(1) Audits of information submitted by providers or

health care insurers shall be performed on a sample and

issue-specific basis, as needed by the council, and shall be

coordinated, to the extent practicable, with audits performed

by the Commonwealth. All health care insurers and providers

are hereby required to make those books, records of accounts

and any other data needed by the auditors available to the

council at a convenient location within 30 days of written

notification by the council.

(2) Audits of information submitted by purchasers shall

be performed on a sample basis, unless there exists

reasonable cause to audit specific purchasers, but in no case

shall the council have the power to audit financial

statements of purchasers.

(3) All audits performed by the council shall be

performed at the expense of the council.

(4) The results of audits of providers or health care

insurers shall be provided to the audited providers and

health care insurers on a timely basis, not to exceed 30 days

beyond presentation of audit findings to the council.

(d) General duties and functions.--The council is hereby

authorized to and shall perform the following duties and

functions:

(1) Develop a computerized system for the collection,

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analysis and dissemination of data. The council may contract

with a vendor who will provide data processing services. The

council shall assure that the system will be capable of

processing all data required to be collected under this

chapter. Any vendor selected by the council shall be selected

in accordance with the provisions of section 3314, and the

vendor shall relinquish any and all proprietary rights or

claims to the database created as a result of implementation

of the data processing system.

(2) Establish a Pennsylvania Uniform Claims and Billing

Form for all data sources and all providers, which shall be

utilized and maintained by all data sources and all providers

for all services covered under this chapter.

(3) (Reserved).

(4) Collect and disseminate data, as specified in

sections 3305 and 3306 (relating to data dissemination and

publication), and other information from data sources to

which the council is entitled, prepared according to formats,

time frames and confidentiality provisions as specified in

sections 3305 and 3308 (relating to Right-to-Know Law and

access to council data), and by the council.

(5) Adopt and implement a methodology to collect and

disseminate data reflecting provider quality, provider

service effectiveness, utilization and the cost of health

care services under sections 3305 and 3306.

(6) Subject to the restrictions on access to raw data

set forth in section 3308, issue special reports and make

available raw data to a purchaser requesting it. Sale by a

recipient or exchange or publication by a recipient, other

than a purchaser, of council raw data to other parties

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without the express written consent of, and under terms

approved by, the council shall be unauthorized use of data

under section 3308(d).

(7) On an annual basis, publish in the Pennsylvania

Bulletin a list of all the raw data reports it has prepared

under section 3308(g) and a description of the data obtained

through each computer-to-computer access it has provided

under section 3308(g) and of the names of the parties to whom

the council provided the reports or the computer-to-computer

access during the previous month.

(8) Promote competition in the health care and health

insurance markets.

(9) Assure that the use of council data does not raise

access barriers to care.

(10) Provide information on the allowed and paid costs

of medical services in terminology that may be reasonably

understood by the average individual consumer of health care

services. The council shall present the cost information in

conjunction with information on quality of care delivery, if

quality information is reasonably available to the council,

so that the average individual consumer of health care

services may use the information to inform purchasing

decisions.

(11) In consultation with the Insurance Department and

the Department of Health, make annual reports to the General

Assembly on the rate of increase in the cost of health care

in this Commonwealth, including, but not limited to, the

following:

(i) The rate of increase in health insurance

premiums in this Commonwealth.

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(ii) Regional trends in cost of health care and

health insurance premiums.

(iii) The effectiveness of the council in carrying

out the legislative intent of this chapter.

(iv) The quality and effectiveness of health care

and access to health care for all citizens of this

Commonwealth.

(12) In the discretion of the council, make

recommendations on the need for further health care cost

containment legislation.

(13) Conduct studies and publish reports analyzing the

effects that outpatient, alternative health care delivery

systems have on health care costs. The systems shall include,

but are not limited to, health maintenance organizations;

preferred provider organizations; primary health care

facilities; home health care; attendant care; ambulatory

service facilities; freestanding emergency centers; birthing

centers; and hospice care. The reports shall be submitted to

the General Assembly and shall be made available to the

public.

(14) Conduct studies and make reports concerning the

utilization of experimental and nonexperimental transplant

surgery and other highly technical and experimental

procedures, including costs and mortality rates.

§ 3305. Data submission and collection.

(a) Submission of data.--

(1) The council is authorized to collect and data

sources are required to submit, upon request of the council,

all data required in this section, according to uniform

submission formats, coding systems and other technical

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specifications necessary to render the incoming data

substantially valid, consistent, compatible and manageable

using electronic data processing according to data submission

schedules. The schedules shall avoid, to the extent possible,

submission of identical data from more than one data source.

The uniform submission formats, coding systems and other

technical specifications may be established by the council

pursuant to its authority under section 3304(b) (relating to

powers and duties of council). If payor data is requested by

the council, it shall, to the extent possible, be obtained

from primary payor sources. The council shall not require any

data source to contract with any specific vendor for

submission of any specific data elements to the council.

(2) In carrying out its responsibilities, the council

shall not require health care facilities to report data

elements which are not included in the manual developed by

the National Uniform Billing Committee. The council shall

publish in the Pennsylvania Bulletin a list of no more than

35 diseases, procedures and medical conditions for which data

under subsections (c)(22) and (d) shall be required. The list

shall not represent more than 50% of total hospital

discharges, based upon the previous year's hospital discharge

data. Subsequent to the publication of the list, any data

submission requirements under subsections (c)(22) and (d)

previously in effect shall be null and void for diseases,

procedures and medical conditions not found on the list. All

other data elements under subsection (c) shall continue to be

required from data sources. The council shall review the list

and may add no more than a net of three diseases, procedures

or medical conditions per year over a five-year period. The

20190SB0841PN1623 - 22 -

adjusted list of diseases, procedures and medical conditions

shall at no time be more than 50% of total hospital

discharges.

(b) Pennsylvania Uniform Claims and Billing Form.--The

council shall maintain a Pennsylvania Uniform Claims and Billing

Form format. The council shall furnish the claims and billing

form format to all data sources, and the claims and billing form

shall be utilized and maintained by all data sources for all

services covered by this chapter. The Pennsylvania Uniform

Claims and Billing Form shall consist of the Uniform Hospital

Billing Form, as developed by the National Uniform Billing

Committee, with additional fields as necessary to provide all of

the data set forth in subsections (c) and (d) .

this Commonwealth, the council shall be required to collect the

following data elements:

(1) uniform patient identifier, continuous across

multiple episodes and providers;

(2) patient date of birth;

(3) patient sex;

(4) patient race, consistent with the method of

collection of race/ethnicity data by the United States Bureau

of the Census and the United States Standard Certificates of

Live Birth and Death;

(5) patient zip code number;

(6) date of admission;

(7) date of discharge;

(8) principal and secondary diagnoses by standard code,

including external cause of injury, complication, infection

and childbirth;

20190SB0841PN1623 - 23 -

(9) principal procedure by council-specified standard

code and date;

(10) up to three secondary procedures by council-

specified standard codes and dates;

(11) uniform health care facility identifier, continuous

across episodes, patients and providers;

(12) uniform identifier of admitting physician, by

unique physician identification number established by the

council, continuous across episodes, patients and providers;

(13) uniform identifier of consulting physicians, by

unique physician identification number established by the

council, continuous across episodes, patients and providers;

(14) total charges of health care facility, segregated

into major categories, including, but not limited to, room

and board, radiology, laboratory, operating room, drugs,

medical supplies and other goods and services according to

guidelines specified by the council;

(15) actual payments to health care facility,

segregated, if available, according to the categories

specified in paragraph (14);

(16) charges of each physician or professional rendering

service relating to an incident of hospitalization or

treatment in an ambulatory service facility;

(17) actual payments to each physician or professional

rendering service under paragraph (16);

(18) uniform identifier of primary payor;

(19) zip code number of facility where health care

service is rendered;

(20) uniform identifier for payor group contract number;

(21) patient discharge status; and

20190SB0841PN1623 - 24 -

(22) provider service effectiveness and provider quality

under section 3304(d).

(d) Provider quality and provider service effectiveness data

elements.--In carrying out its duty to collect data on provider

quality and provider service effectiveness under subsection (c)

(22) and section 3304 (d)(5), the council shall define a

methodology to measure provider service effectiveness, which may

include additional data elements to be specified by the council

sufficient to carry out its responsibilities under section

3304 (d)(5). The council shall not require health care insurers

to report on data elements that are not reported to nationally

recognized accrediting organizations, to the Department of

Health, the Department of Human Services or the Insurance

Department, in quarterly or annual reports. The council shall

not require reporting by health care insurers in different

formats than are required for reporting to nationally recognized

accrediting organizations or on quarterly or annual reports

submitted to the Department of Health, the Department of Human

Services or the Insurance Department. The council may adopt the

quality findings as reported to nationally recognized

accrediting organizations. Additional quality data elements must

be defined and released for public comment prior to use.

(e) Reserve field utilization and addition or deletion of

data elements.--The council shall include in the Pennsylvania

Uniform Claims and Billing Form a reserve field. The council may

utilize the reserve field by adding other data elements beyond

those required to carry out its responsibilities under

subsections (c) and (d) and section 3304(d)(4) and (5), or the

council may delete data elements from the Pennsylvania Uniform

Claims and Billing Form only by a majority vote of the council

20190SB0841PN1623 - 25 -

and only pursuant to the following procedure:

(1) The council shall obtain a cost-benefit analysis of

the proposed addition or deletion which shall include the

cost to data sources of any proposed additions.

(2) The council shall publish notice of the proposed

addition or deletion, along with a copy or summary of the

cost-benefit analysis, in the Pennsylvania Bulletin, and the

notice shall include provision for a 60-day comment period.

(3) The council may hold additional hearings or request

such other reports as it deems necessary and shall consider

the comments received during the 60-day comment period and

any additional information gained through the hearings or

other reports in making a final determination on the proposed

addition or deletion.

(f) Other data required to be submitted.--Each provider is

hereby required to submit, and the council is hereby authorized

to collect, in accordance with submission dates and schedules

established by the council, the following additional data in its

possession, provided the data is not available to the council

from public records:

(1) Audited annual financial reports of all hospitals

and ambulatory service facilities providing covered services

as defined in section 3302.

(2) The Medicare cost report for Medical Assistance or

successor forms, including the settled Medicare cost report.

(3) Additional data, including, but not limited to, data

which can be used in reports about:

(i) the incidence of medical and surgical procedures

in the population for individual providers;

(ii) physicians who provide covered services and

20190SB0841PN1623 - 26 -

accept medical assistance patients;

(iii) physicians who provide covered services and

accept Medicare assignment as full payment;

(iv) mortality rates for specified diagnoses and

treatments, grouped by severity, for individual

providers;

(v) rates of infection for specified diagnoses and

treatments, grouped by severity, for individual

providers;

(vi) morbidity rates for specified diagnoses and

treatments, grouped by severity, for individual

providers;

(vii) readmission rates for specified diagnoses and

treatments, grouped by severity, for individual

providers;

(viii) rate of incidence of postdischarge

professional care for selected diagnoses and procedures,

grouped by severity, for individual providers; and

(ix) data from other public sources.

(4) Any other data the council requires to carry out its

responsibilities under section 3304(d).

(g) Review and correction of data.--The council shall

provide a reasonable period for data sources to review and

correct the data submitted under this section which the council

intends to prepare and issue in reports to the General Assembly,

to the general public or in special studies and reports under

section 3309 (relating to special studies and reports). When

corrections are provided, the council shall correct the

appropriate data in its data files and subsequent reports.

(h) Allowance for clarification or dissents.--The council

20190SB0841PN1623 - 27 -

shall maintain a file of written statements submitted by data

sources who wish to provide an explanation of data that they

feel might be misleading or misinterpreted. The council shall

provide access to the file to any person and shall, where

practical, in its reports and data files indicate the

availability of such statements. When the council agrees with

such statements, it shall correct the appropriate data and

comments in its data files and subsequent reports.

(i) Allowance for correction.--The council shall verify the

patient safety indicator data submitted by hospitals under

subsection (c)(8) within 60 days of receipt. The council may

allow hospitals to make changes to the data submitted during the

verification period. After the verification period, but within

45 days of receipt of the adjusted hospital data, the council

shall risk adjust the information and provide reports to the

patient safety committee of the relevant hospital.

(j) Availability of data.--Nothing in this chapter shall

prohibit a purchaser from obtaining from its health care

insurer, nor relieve the health care insurer from the obligation

of providing the purchaser, on terms consistent with past

practices, data previously provided or additional data not

currently provided to the purchaser by the health care insurer

pursuant to any existing or future arrangement, agreement or

understanding.

§ 3306. Data dissemination and publication.

(a) Public reports.--Subject to the restrictions on access

to council data set forth in section 3308 (relating to Right-to-

Know Law and access to council data) and utilizing the data

collected under section 3305 (relating to data submission and

collection), as well as other data, records and matters of

20190SB0841PN1623 - 28 -

record available to it, the council shall prepare and issue

reports to the General Assembly and to the general public

according to the following provisions:

(1) The council shall, for every provider of both

inpatient and outpatient services within this Commonwealth

and within appropriate regions and subregions, prepare and

issue reports on provider quality and service effectiveness

on diseases or procedures that, when ranked by volume, cost,

payment and high variation in outcome, represent the best

opportunity to improve overall provider quality, improve

patient safety and provide opportunities for cost reduction.

These reports shall provide comparative information on the

following:

(i) Differences in mortality rates; differences in

length of stay; differences in complication rates;

differences in readmission rates; differences in

infection rates; and other comparative outcome measures

the council may develop that will allow purchasers,

providers and consumers to make purchasing and quality

improvement decisions based upon quality patient care and

to restrain costs.

(ii) The incidence rate of selected medical or

surgical procedures, the quality and service

effectiveness and the payments received for those

providers, identified by the name and type or specialty,

for which these elements vary significantly from the

norms for all providers.

(2) In preparing its reports under paragraph (1), the

council shall ensure that factors which have the effect of

either reducing provider revenue or increasing provider costs

20190SB0841PN1623 - 29 -

and other factors beyond a provider's control which reduce

provider competitiveness in the marketplace are explained in

the reports. The council shall also ensure that any

clarifications and dissents submitted by individual providers

under section 3305(h) are noted in any reports that include

release of data on that individual provider.

(b) Raw data reports and computer access to council data.--

The council shall provide special reports derived from raw data

and a means for computer-to-computer access to its raw data to a

purchaser under section 3308(g). The council shall provide the

reports and computer-to-computer access, at its discretion, to

other parties under section 3308(i). The council shall provide

these special reports and computer-to-computer access in as

timely a fashion as the council's responsibilities to publish

the public reports required in this section will allow. Any

provision of special reports or computer-to-computer access by

the council shall be made only subject to the restrictions on

access to raw data set forth in section 3308(c) and only after

payment for costs of preparation or duplication under section

3308(g) or (i).

§ 3307. Mandated health benefits.

In relation to current law or proposed legislation, the

council shall, upon the request of the appropriate committee

chairman in the Senate and in the House of Representatives or

upon the request of the Secretary of Health or the Secretary of

Human Services, provide information on the proposed mandated

health benefit pursuant to the following:

(1) The General Assembly hereby declares that proposals

for mandated health benefits or mandated health insurance

coverage should be accompanied by adequate, independently

20190SB0841PN1623 - 30 -

certified documentation defining the social and financial

impact and medical efficacy of the proposal. To that end, the

council, upon receipt of such requests, is hereby authorized

to conduct a preliminary review of the material submitted by

both proponents and opponents concerning the proposed

mandated benefit. If, after this preliminary review, the

council is satisfied that both proponents and opponents have

submitted sufficient documentation necessary for a review

under paragraphs (3) and (4), the council is directed to

contract with individuals, pursuant to the selection

procedures for vendors set forth in section 3314 (relating to

contracts with vendors), who will constitute a Mandated

Benefits Review Panel to review mandated benefits proposals

and provide independently certified documentation, as

provided for in this section.

(2) The panel shall consist of the following senior

researchers, each of whom shall be a recognized expert:

(i) one in health research;

(ii) one in biostatistics;

(iii) one in economic research;

(iv) one, a physician, in the appropriate specialty

with current knowledge of the subject being proposed as a

mandated benefit; and

(v) one with experience in insurance or actuarial

research.

(3) The Mandated Benefits Review Panel shall have the

following duties and responsibilities:

(i) To review documentation submitted by a person

proposing or opposing mandated benefits within 90 days of

submission of the documentation to the panel.

20190SB0841PN1623 - 31 -

(ii) To report to the council, pursuant to the

council's review under subparagraph (i), the following:

(A) Whether or not the documentation is complete

as defined in paragraph (4).

(B) Whether or not the research cited in the

documentation meets professional standards.

respecting the proposed mandated benefit has been

cited in the documentation.

(D) Whether or not the conclusions and

interpretations in the documentation are consistent

with the data submitted.

(4) A person proposing or opposing legislation mandating

benefits coverage should, to provide the Mandated Benefits

Review Panel with sufficient information to carry out the

Mandated Benefits Review Panel's duties and responsibilities

under paragraph (3), submit documentation to the council,

pursuant to the procedure established under paragraph (5),

which demonstrates the following:

(i) The extent to which the proposed benefit and the

services the proposed benefit would provide are needed

by, available to and utilized by the population of this

Commonwealth.

(ii) The extent to which insurance coverage for the

proposed benefit already exists or, if no coverage

exists, the extent to which the lack of coverage results

in inadequate health care or financial hardship for the

population of this Commonwealth.

(iii) The demand for the proposed benefit from the

public and the source and extent of opposition to

20190SB0841PN1623 - 32 -

mandating the benefit.

(iv) All relevant findings bearing on the social

impact of the lack of the proposed benefit.

(v) If the proposed benefit mandates coverage of a

particular therapy, the results of at least one

professionally accepted, controlled trial comparing the

medical consequences of the proposed therapy, alternative

therapies and no therapy.

(vi) If the proposed benefit mandates coverage of an

additional class of practitioners, the results of at

least one professionally accepted, controlled trial

comparing the medical results achieved by the additional

class of practitioners and those practitioners already

covered by benefits.

(vii) The results of any other relevant research.

(viii) Evidence of the financial impact of the

proposed legislation, including at least the following:

(A) The extent to which the proposed benefit

would increase or decrease cost for treatment or

service.

(B) The extent to which similar mandated

benefits in other states have affected charges, costs

and payments for services.

would increase the appropriate use of the treatment

or service.

(D) The impact of the proposed benefit on

administrative expenses of health care insurers.

(E) The impact of the proposed benefits on

benefits costs of purchasers.

20190SB0841PN1623 - 33 -

(F) The impact of the proposed benefits on the

total cost of health care within this Commonwealth.

(5) The procedure for review of documentation shall be

as follows:

(i) A person wishing to submit information on

proposed legislation mandating insurance benefits for

review by the panel must submit the documentation

specified under paragraph (4) to the council.

(ii) The council shall, within 30 days of receipt of

the documentation:

(A) Publish in the Pennsylvania Bulletin notice

of receipt of the documentation, a description of the

proposed legislation, provision for a period of 60

days for public comment and the time and place at

which a person may examine the documentation.

(B) Submit copies of the documentation to the

Secretary of Health, the Secretary of Human Services

and the Insurance Commissioner, who shall review and

submit comments to the council on the proposed

legislation within 30 days.

panel, which shall review the documentation and issue

their findings, subject to paragraph (3), within 90

days.

(iii) Upon receipt of the comments of the Secretary

of Health, the Secretary of Human Services and the

Insurance Commissioner and of the findings of the panel,

under subparagraph (ii), but no later than 120 days

following the publication required in subparagraph (ii),

the council shall submit the comments and findings,

20190SB0841PN1623 - 34 -

together with the council's recommendations respecting

the proposed legislation, to the Governor, the President

pro tempore of the Senate, the Speaker of the House of

Representatives, the Secretary of Health, the Secretary

of Human Services, the Insurance Commissioner and the

person who submitted the information under subparagraph

(i).

§ 3308. Right-to-Know Law and access to council data.

(a) Public access.--The information and data received by the

council shall be utilized by the council for the benefit of the

public and public officials. Subject to the specific limitations

set forth in this section and section 3101.1 of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

the council shall make determinations on requests for

information in favor of access. Payor discounts and allowances

are confidential proprietary information and, as such, are not

records subject to the requirements for public access under the

Right-to-Know Law.

(b) Outreach programs.--The council shall develop and

implement outreach programs designed to make the council's

information understandable and usable to purchasers, providers,

other Commonwealth agencies and the general public. The programs

shall include efforts to educate through pamphlets, booklets,

seminars and other appropriate measures and to facilitate making

more informed health care choices.

under this chapter, neither the council nor any contracting

system vendor shall release and no data source, person, member

of the public or other user of any data of the council shall

gain access to:

20190SB0841PN1623 - 35 -

(1) Any raw data of the council that does not

simultaneously disclose payment, as well as provider quality

and provider service effectiveness pursuant to sections

3304(d)(5) (relating to powers and duties of council) and

3305(d) (relating to data submission and collection).

(2) Any raw data of the council which could reasonably

be expected to reveal the identity of an individual patient.

(3) Any raw data of the council which could reasonably

be expected to reveal the identity of any purchaser, other

than a purchaser requesting data on its own group or an

entity entitled to said purchaser's data pursuant to

subsection (g).

(4) Any raw data of the council relating to actual

payments to any identified provider made by any purchaser,

except that this provision shall not apply to access by a

purchaser requesting data on the group for which it purchases

or otherwise provides covered services or to access to that

same data by an entity entitled to the purchaser's data

pursuant to subsection (g).

(5) Any raw data disclosing discounts or allowances

between identified payors and providers unless the data is

released in a Statewide, aggregate format that does not

identify any individual payor or class of payors, directly or

indirectly through the use of a market share, and unless the

council assures that the release of such information is not

prejudicial or inequitable to any individual payor or

provider or group thereof. Payor data shall be released to

individual providers for purposes of verification and

validation prior to inclusion in a public report. An

individual provider shall verify and validate the payor data

20190SB0841PN1623 - 36 -

within 30 days of its release to that specific individual

provider.

(d) Unauthorized use of data.--A person who knowingly

releases council data violating raw data safeguards under this

section to an unauthorized person commits a misdemeanor of the

first degree and shall, upon conviction, be sentenced to pay a

fine of $10,000 or to imprisonment for not more than five years,

or both. An unauthorized person who knowingly receives or

possesses the data commits a misdemeanor of the first degree.

(e) Unauthorized access to data.--If person inadvertently or

by council error gains access to data that violates the

safeguards under this section, the data must immediately be

returned, without duplication, to the council with proper

notification.

(f) Public access to records.--Each public report prepared

by the council shall be a public record and shall be available

to the public for a reasonable fee. Copies shall be provided,

upon request of the chair, to the Health and Human Services

Committee of the Senate and the Health Committee and Human

Services Committee of the House of Representatives.

(g) Access to council raw data by purchasers.--Pursuant to

sections 3304(d)(6) and 3306(b) (relating to data dissemination

and publication) and subject to the limitations on access under

subsection (c), the council shall provide access to the

council's raw data to purchasers , excluding purchasers that

provide covered services other than through the purchase of

fully funded insurance from a health care insurer but that are

not elective health care payor data sources, in accordance with

the following procedure:

(1) Special reports derived from raw data of the council

20190SB0841PN1623 - 37 -

shall be provided by the council to the purchaser requesting

such reports.

(2) A means to enable computer-to-computer access by the

purchaser to raw data of the council shall be developed,

adopted and implemented by the council. The council shall

provide the access to the council's raw data to a purchaser

upon request.

(3) If an employer obtains from the council, under

paragraph (1) or (2), data pertaining to the employer's

employees and the employees' dependents for whom the employer

purchases or otherwise provides covered services and who are

represented by a certified collective bargaining

representative, the collective bargaining representative

shall be entitled to the data, after payment of fees under

paragraph (4). If a certified collective bargaining

representative obtains from the council, under paragraph (1)

or (2), data pertaining to the employer's members and the

member's dependents who are employed by and for whom covered

services are purchased or otherwise provided by an employer,

the employer shall be entitled to the data, after payment of

fees under paragraph (4).

(4) In providing for access to its raw data, the council

shall charge the purchasers which originally obtained the

access a fee sufficient to cover the council's costs to

prepare and provide special reports requested under paragraph

(1) or to provide computer-to-computer access to its raw data

requested under paragraph (2). If a second or subsequent

party requests the information under paragraph (3), the

council shall charge the party a reasonable fee.

(h) Access to council raw data by State agencies.--The

20190SB0841PN1623 - 38 -

council shall develop and execute memoranda of understanding

with any State agency upon request of that agency, including the

Insurance Department, the Department of Health and the

Department of Human Services, to allow the agency access to the

data.

(i) Access to council raw data by other parties.--Subject to

the limitations on access to council raw data under subsection

(c), the council may provide special reports derived from the

council's raw data or computer-to-computer access to parties

other than purchasers provided access under subsection (g). The

council may publish regulations that set forth the criteria and

the procedure the council shall use in making determinations on

the access, pursuant to the powers vested in the council under

section 3304. In providing the access, the council shall charge

the party requesting the access a reasonable fee.

§ 3309. Special studies and reports.

(a) Special studies.--A Commonwealth agency, the Senate or

the House of Representatives may direct the council to publish

or contract for publication of special studies, including, but

not limited to, a special study on diseases and the cost of

health care related to particular diseases in this Commonwealth.

A special study published under this subsection shall become a

public document.

(b) Special reports.--

(1) A Commonwealth agency, the Senate or the House of

Representative may study and issue a report on the special

medical needs, demographic characteristics, access or lack

thereof to health care services and need for financing of

health care services of:

(i) Senior citizens, particularly low-income senior

20190SB0841PN1623 - 39 -

citizens, senior citizens who are members of minority

groups and senior citizens residing in low-income urban

or rural areas.

(ii) Low-income urban or rural areas.

(iii) Minority communities.

(iv) Women.

(v) Children.

(vi) Unemployed workers.

(vii) Veterans.

(2) The reports under paragraph (1) shall include

information on the current availability of services to the

targeted parts of the population under paragraph (1), whether

access to the services has increased or decreased over the

past 10 years and specific recommendations for the

improvement of the primary care and health delivery systems

of targeted parts of the population under paragraph (1),

including disease prevention and comprehensive health care

services. The agency may study and report on the effects of

using prepaid, capitated or health maintenance organization

health delivery systems as ways to promote the delivery of

primary health care services to the underserved segments of

the population enumerated above.

(3) The agency may study and report on the short-term

and long-term fiscal and programmatic impact on the health

care consumer of changes in ownership of hospitals from

nonprofit to profit, whether through purchase, merger or the

like. The agency may study and report on factors which have

the effect of either reducing provider revenue or increasing

provider cost and other factors beyond a provider's control

which reduce provider competitiveness in the marketplace.

20190SB0841PN1623 - 40 -

(1) THE COUNCIL SHALL PREPARE A REPORT TO PROVIDE A

PENNSYLVANIA-PERSPECTIVE ON THE EFFECT OF THE COVID-19

DISASTER EMERGENCY ON HOSPITALS AND HEALTH CARE FACILITIES IN

THIS COMMONWEALTH BY AGGREGATING DATA RELATED TO COVID-19

EXPENSES AND LOST REVENUE REPORTED BY HOSPITALS AND HEALTH

CARE FACILITIES IN ORDER TO QUALIFY FOR FEDERAL AND STATE

ASSISTANCE. THE REPORT SHALL INCLUDE THE FOLLOWING DATA

POINTS IF AVAILABLE:

(I) INCREASED COSTS RELATED TO PROVIDER AND STAFF

TRAINING, INCLUDING TRAINING ON PANDEMIC PREPAREDNESS

PLANS AND THE USE OF TELEMEDICINE.

(II) INCREASED STAFFING COSTS.

(III) COSTS RELATED TO COVID-19 TESTING.

(IV) COSTS ASSOCIATED WITH SOURCING AND PURCHASING

ADDITIONAL SUPPLIES AND EQUIPMENT.

(V) COSTS ASSOCIATED WITH SETTING UP EMERGENCY

OPERATIONS CENTERS, INCLUDING CONSTRUCTION AND

RETROFITTING FACILITIES TO PROVIDE SEPARATE SCREENING AND

SECURITY AREAS.

(VI) COSTS ASSOCIATED WITH PROVIDING HOUSING AND

CARE FOR PATIENTS WHO DO NOT REQUIRE HOSPITALIZATION BUT

DO NOT HAVE HOUSING IN ORDER TO PREVENT SPREAD OF COVID-

19.

(VII) LOSS OF REVENUES DUE TO SUSPENSION OF ELECTIVE

SERVICES NOT RELATED TO COVID-19.

(VIII) OTHER DATA POINTS REQUIRED TO BE REPORTED BY

HOSPITALS OR HEALTH CARE FACILITIES TO THE FEDERAL

GOVERNMENT OR STATE GOVERNMENT TO RECEIVE COVID-19

ASSISTANCE.

20190SB0841PN1623 - 41 -

<--

(2) THE REPORT SHALL BE SUBMITTED TO THE FOLLOWING:

(I) THE SECRETARY OF THE DEPARTMENT OF HEALTH, THE

SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES.

(II) THE CHAIR AND MINORITY CHAIR OF THE

APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIR AND

MINORITY CHAIR OF THE HEALTH AND HUMAN SERVICES COMMITTEE

OF THE SENATE.

(III) THE CHAIR AND MINORITY CHAIR OF THE HOUSE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES,

THE CHAIR AND MINORITY CHAIR OF THE HEALTH COMMITTEE OF

THE HOUSE OF REPRESENTATIVES AND THE CHAIR AND MINORITY

CHAIR IF THE HUMAN SERVICES COMMITTEE OF THE HOUSE OF

REPRESENTATIVES.

(3) THE INITIAL REPORT SHALL BE ISSUED BY THE COUNCIL NO

LATER THAN JANUARY 15, 2021, AND SHALL BE UPDATED QUARTERLY

THEREAFTER FOR ONE YEAR FOLLOWING THE TERMINATION OR

EXPIRATION OF THE COVID-19 DISASTER EMERGENCY UNDER SECTION

7301(C) (RELATING TO GENERAL AUTHORITY OF GOVERNOR) .

(4) AS USED IN THIS SUBSECTION, THE TERM "COVID-19

DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS GIVEN TO

IT UNDER SECTION 5701 (RELATING TO DEFINITIONS).

§ 3310. Enforcement and penalty.

(a) Compliance enforcement.--The council shall have standing

to bring an action in law or in equity through private counsel

in any court of common pleas to enforce compliance with any

provision of this chapter, except section 3309 (relating to

special studies and reports), or any requirement or appropriate

request of the council made under this chapter. The Attorney

General is authorized and shall bring an enforcement action in

aid of the council in a court of common pleas at the request of

20190SB0841PN1623 - 42 -

the council and in the name of the Commonwealth.

(b) Penalty.--

(1) Any person who fails to supply data under section

3305 (relating to data submission and collection) may be

assessed a civil penalty not to exceed $1,000 for each day

the data is not submitted.

(2) Any person who knowingly submits inaccurate data

under section 3305 commits a misdemeanor of the third degree

and shall, upon conviction, be sentenced to pay a fine of

$1,000 or to imprisonment for not more than one year, or

both.

§ 3311. Research and demonstration projects.

The council shall actively encourage research and

demonstrations to design and test improved methods of assessing

provider quality, provider service effectiveness, efficiency and

cost containment. If no data submission requirements in a

mandated demonstration exceed the current reserve field on the

Pennsylvania Uniform Claims and Billing Form, the council may:

(1) Authorize contractors engaged in health services

research selected by the council, under section 3314

(relating to contracts with vendors), to have access to the

council's raw data files, if the entity assumes a contractual

obligation imposed by the council to assure patient identity

confidentiality.

(2) Place data sources participating in research and

demonstrations on different data submission requirements from

other data sources in this Commonwealth.

(3) Require data source participation in research and

demonstration projects if this is the only testing method the

council determines is promising.

20190SB0841PN1623 - 43 -

§ 3312. Grievances and grievance procedures.

(a) Procedures and requirements.--Pursuant to its powers to

publish regulations under section 3304 (relating to powers and

duties of council) and with the requirements of this section,

the council may establish procedures and requirements for the

filing, hearing and adjudication of grievances against the

council of a data source. The procedures and requirements shall

be published in the Pennsylvania Bulletin pursuant to law.

(b) Claims and hearings.--Grievance claims of a data source

shall be submitted to the council or to a third party designated

by the council. The council or the designated third party shall

convene a hearing, if requested, and adjudicate the grievance.

§ 3313. Antitrust provisions.

A person or entity required or permitted to submit data or

information under this chapter or receiving data or information

from the council in accordance with this chapter are declared to

be acting pursuant to State requirements embodied in this

chapter and shall be exempt from antitrust claims or actions

grounded upon submission or receipt of the data or information.

§ 3314. Contracts with vendors.

A contract with a vendor other than a sole source vendor for

purchase of services or for purchase or lease of supplies and

equipment related to the council's powers and duties shall be

let only after a public bidding process and only in accordance

with the following provisions:

(1) The council shall prepare specifications fully

describing the services to be rendered or equipment or

supplies to be provided by a vendor and shall make the

specifications available for inspection by a person at the

council's offices during normal working hours and at other

20190SB0841PN1623 - 44 -

places and other times as the council deems advisable.

(2) The council shall publish notice of invitations to

bid in the Pennsylvania Bulletin and on the council's

publicly accessible Internet website. The notice shall

include at least the following:

(i) The deadline for submission of bids by

prospective vendors, which shall be no sooner than 30

days following the latest publication of the notice as

prescribed under this paragraph.

(ii) The locations, dates and times during which

prospective vendors may examine the specifications

required under paragraph (1).

(iii) The date, time and place of the meeting or

meetings of the council at which bids will be opened and

accepted.

(iv) A statement to the effect that any person is

eligible to bid.

(3) Bids shall be accepted as follows:

(i) A council member who is affiliated in any way

with a bidder may not vote on the awarding of a contract

for which the bidder has submitted a bid. A council

member who has an affiliation with a bidder shall state

the nature of the affiliation prior to a vote of the

council.

(ii) Bids shall be opened and reviewed by the

appropriate council committee, which shall make

recommendations to the council on approval. Bids shall be

accepted and the acceptance shall be announced only at a

public meeting of the council as defined in section

3303(e) (relating to Health Care Cost Containment

20190SB0841PN1623 - 45 -

Council). A bid may not be accepted at an executive

session of the council.

(iii) The council may require that a certified

check, in an amount determined by the council, accompany

every bid. If required, a bid may not be accepted unless

accompanied by a certified check.

(4) In order to prevent a party from deliberately

underbidding contracts in order to gain or prevent access to

council data, the council may award a contract at the

council's discretion, regardless of the amount of the bid, as

follows:

(i) A bid accepted must reasonably reflect the

actual cost of services provided.

(ii) A vendor selected by the council under this

paragraph must be found by the council to be of the

character and integrity as to assure, to the maximum

extent possible, adherence to this chapter in the

provision of contracted services.

(iii) The council may require the selected vendor to

furnish, within 20 days after the contract has been

awarded, a bond with suitable and reasonable requirements

guaranteeing the services to be performed with sufficient

surety in an amount determined by the council. If the

bond is not furnished within the time specified, the

previous award shall be void.

(5) The council shall make efforts to assure that the

council's vendors have established affirmative action plans

to assure equal opportunity policies for hiring and promoting

employees.

§ 3315. Reporting.

20190SB0841PN1623 - 46 -

The council shall provide an annual report of its financial

expenditures to the Appropriations Committee and Health and

Human Services Committee of the Senate and the Appropriations

Committee, the Health Committee and the Human Services Committee

of the House of Representatives.

§ 3316. Severability.

The provisions of this chapter are severable. If a provision

of this chapter or the provision's application to a person or

circumstance is held invalid, the invalidity shall not affect

other provisions or applications of this chapter which can be

given effect without the invalid provision or application.

§ 3317. EXPIRATION.

THIS CHAPTER SHALL EXPIRE 10 YEARS AFTER THE EFFECTIVE DATE

OF THIS SECTION.

SECTION 1.1. TITLE 35 IS AMENDED BY ADDING A CHAPTER TO

READ:

CHAPTER 57

COVID-19 DISASTER EMERGENCY

SUBCHAPTER

A. PRELIMINARY PROVISIONS

B. PROPERTY TAX

C. EDUCATIONAL TAX CREDIT

C.1. SCHOOL CONTRACTORS

D. NOTARIAL ACTS

E. LOCAL GOVERNMENT MEETINGS

SUBCHAPTER A

PRELIMINARY PROVISIONS

SEC.

5701. DEFINITIONS.

§ 5701. DEFINITIONS.

20190SB0841PN1623 - 47 -

<--

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 DISASTER EMERGENCY." THE DURATION OF 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.

SUBCHAPTER B

PROPERTY TAX RELIEF

SEC.

5711. SCOPE OF SUBCHAPTER.

5712. DEFINITIONS.

5713. REAL PROPERTY TAX RELIEF.

§ 5711. SCOPE OF SUBCHAPTER.

THIS SUBCHAPTER PROVIDES TEMPORARY AUTHORITY TO A TAXING

DISTRICT TO DEAL WITH THE TAXATION OF ALL REAL PROPERTY MADE

TAXABLE BY THE LAWS OF THIS COMMONWEALTH DURING THE COVID-19

DISASTER EMERGENCY.

§ 5712. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"TAX COLLECTOR." AN INDIVIDUAL OR ENTITY ELECTED, APPOINTED

OR OTHERWISE REQUIRED TO COLLECT A TAX FOR A TAXING DISTRICT.

"TAXING DISTRICT." ANY OF THE FOLLOWING ENTITIES THAT IS

AUTHORIZED UNDER THE LAWS OF THIS COMMONWEALTH TO IMPOSE A TAX

ON THE ASSESSED VALUE OF REAL PROPERTY:

(1) CITY OF ANY CLASS IN THIS COMMONWEALTH.

(2) COUNTY OF ANY CLASS IN THIS COMMONWEALTH.

(3) BOROUGH, TOWN OR TOWNSHIP OF ANY CLASS IN THIS

20190SB0841PN1623 - 48 -

COMMONWEALTH.

(4) INCORPORATED TOWN.

§ 5713. REAL PROPERTY TAX RELIEF.

(A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER LAW AND SUBJECT

TO SUBSECTION (B), A TAXING DISTRICT MAY, BY MAJORITY VOTE OF

THE TAXING DISTRICT'S GOVERNING BODY, DO ANY OF THE FOLLOWING

FOR THE COLLECTION OF A TAX IMPOSED ON THE ASSESSED VALUE OF

REAL PROPERTY THAT WOULD OTHERWISE BE DUE BY DECEMBER 31, 2020:

(1) COLLECT THE TAX AT THE TAXING DISTRICT'S PRESCRIBED

DISCOUNT RATE, IF ANY, NO LATER THAN AUGUST 31, 2020.

(2) WAIVE ANY FEE OR PENALTY OTHERWISE ASSOCIATED WITH

THE LATE PAYMENT OF THE TAX IF PAID IN FULL BY DECEMBER 31,

2020.

(B) RESOLUTION REQUIRED.--ANY TAXING DISTRICT ELECTING TO

EXERCISE A POWER UNDER SUBSECTION (A) SHALL DO SO BY DELIVERING

A RESOLUTION OF THE GOVERNING BODY TO THE TAX COLLECTOR FOR THE

TAXING DISTRICT WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS

SUBSECTION.

SUBCHAPTER C

EDUCATIONAL TAX CREDIT

SEC.

5721. WAIVERS AND PENALTIES.

§ 5721. WAIVERS AND PENALTIES.

(A) APPLICABILITY.--THIS SECTION APPLIES ONLY TO THE TAX

YEARS AFFECTED BY THE COVID-19 DISASTER EMERGENCY.

(B) REQUIREMENTS.--NOTWITHSTANDING ANY OTHER PROVISION OF

LAW, THE FOLLOWING SHALL APPLY:

(1) THE REQUIREMENT UNDER SECTION 2004-B(D) OF THE ACT

OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL

CODE OF 1949, REQUIRING BUSINESS FIRMS TO MAKE A CONTRIBUTION

20190SB0841PN1623 - 49 -

TO A SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN SCHOLARSHIP

ORGANIZATION, OPPORTUNITY SCHOLARSHIP ORGANIZATION OR

EDUCATIONAL IMPROVEMENT ORGANIZATION NO LATER THAN 60 DAYS

FOLLOWING THE APPROVAL OF AN APPLICATION UNDER SUBSECTION (A)

OR (B) OF SECTION 2004-B OF THE PUBLIC SCHOOL CODE OF 1949 IS

EXTENDED UNTIL THE END OF THE BUSINESS FIRM ' S APPLICABLE TAX

YEAR.

(2) A BUSINESS FIRM SHALL PROVIDE PROOF OF ITS

CONTRIBUTION IN THE FORM OF A WRITTEN ACKNOWLEDGMENT FROM THE

SCHOLARSHIP ORGANIZATION, PRE-KINDERGARTEN SCHOLARSHIP

ORGANIZATION, OPPORTUNITY SCHOLARSHIP ORGANIZATION OR

EDUCATIONAL IMPROVEMENT ORGANIZATION TO THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT WITHIN 30 DAYS OF THE

CONTRIBUTION MADE UNDER PARAGRAPH (1).

(3) BUSINESS FIRMS FULFILLING YEAR TWO OF A TWO-YEAR

COMMITMENT THAT ARE IMPACTED BY THE COVID-19 DISASTER

EMERGENCY SHALL BE PERMITTED TO RECEIVE A TAX CREDIT OF UP TO

90% OF THE AMOUNT CONTRIBUTED IN YEAR TWO. AS PART OF THE

COVID-19 DISASTER EMERGENCY, THE DEPARTMENT IS PROHIBITED

FROM REDUCING THE CREDIT AUTHORIZED IN YEAR ONE OF THE TWO-

YEAR AGREEMENT, IF THE YEAR TWO CONTRIBUTION IS LESS THAN THE

YEAR ONE CONTRIBUTION FOR BUSINESS FIRMS IN A TWO-YEAR

COMMITMENT .

SUBCHAPTER C.1

SCHOOL CONTRACTORS

SEC.

5721.1. CONTRACT SERVICE PROVIDERS.

§ 5721.1. CONTRACT SERVICE PROVIDERS.

(A) GENERAL RULE.--EACH SCHOOL ENTITY MAY RENEGOTIATE A

CONTRACT FOR CONTRACT SERVICE PROVIDERS TO ENSURE CONTRACTED

20190SB0841PN1623 - 50 -

PERSONNEL AND FIXED COSTS, INCLUDING ADMINISTRATIVE AND

EQUIPMENT, ARE MAINTAINED DURING THE PERIOD OF SCHOOL CLOSURE.

DURING THE PERIOD OF SCHOOL CLOSURE, THE CONTRACT SERVICE

PROVIDERS SHALL SUBMIT WEEKLY DOCUMENTATION TO THE SCHOOL ENTITY

THAT ITS COMPLEMENT LEVELS REMAIN AT OR ABOVE THE LEVEL ON MARCH

13, 2020, IN ORDER TO CONTINUE BEING PAID.

(B) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "SCHOOL

ENTITY" SHALL HAVE THE SAME MEANING AS IN SECTION 1501.8(N) OF

THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC

SCHOOL CODE OF 1949.

SUBCHAPTER D

NOTARIAL ACTS

SEC.

5731. REMOTELY LOCATED INDIVIDUAL.

§ 5731. REMOTELY LOCATED INDIVIDUAL.

(A) AUTHORIZATION .--

(1) UPON THE EFFECTIVE DATE OF THIS SECTION, THE

DEPARTMENT OF STATE SHALL IMMEDIATELY AUTHORIZE A NOTARY

PUBLIC TO CONDUCT NOTARIAL ACTS IN THE MANNER AUTHORIZED BY

THIS SECTION, IF THE NOTARY GIVES NOTICE TO THE DEPARTMENT AS

REQUIRED UNDER SUBSECTION (G)(1) AND USES A COMMUNICATION AND

IDENTITY PROOFING TECHNOLOGY DESIGNATED IN THE DEPARTMENT'S

MARCH 25, 2020, NOTICE OF THE LIMITED SUSPENSION OF THE

REQUIREMENTS OF 57 PA.C.S. § 306 (RELATING TO PERSONAL

APPEARANCE REQUIRED), OR THAT IS DESIGNATED IN A LIST OF

ADDITIONAL ACCEPTABLE TECHNOLOGIES SUBSEQUENTLY ADOPTED BY

THE DEPARTMENT.

(2) A NOTARY PUBLIC MAY USE ANY OTHER TECHNOLOGY WITHIN

30 DAYS OF GIVING NOTICE AS REQUIRED BY SUBSECTION (G)(1),

UNLESS THE DEPARTMENT FOR GOOD CAUSE PROHIBITS THE USE OF THE

20190SB0841PN1623 - 51 -

TECHNOLOGY FOR FAILURE TO SATISFY THE REQUIREMENTS OF THIS

SECTION OR DETERMINES THAT USE OF THE TECHNOLOGY SHOULD BE

DELAYED PENDING AN EVALUATION OF THE TECHNOLOGY.

(3) THIS SECTION SHALL EXPIRE 60 DAYS AFTER TERMINATION

OR EXPIRATION OF THE COVID-19 DISASTER EMERGENCY UNDER

SECTION 7301(C) (RELATING TO GENERAL AUTHORITY OF GOVERNOR).

(B) GENERAL RULE.--A REMOTELY LOCATED INDIVIDUAL MAY COMPLY

WITH 57 PA.C.S. § 306 BY APPEARING BEFORE A NOTARY PUBLIC BY

MEANS OF COMMUNICATION TECHNOLOGY.

LOCATED IN THIS COMMONWEALTH MAY PERFORM A NOTARIAL ACT

FACILITATED BY COMMUNICATION TECHNOLOGY FOR A REMOTELY LOCATED

INDIVIDUAL IF ALL OF THE FOLLOWING APPLY:

(1) THE NOTARY PUBLIC:

(I) HAS PERSONAL KNOWLEDGE UNDER 57 PA.C.S. §

307(A) (RELATING TO IDENTIFICATION OF INDIVIDUAL) OF THE

IDENTITY OF THE INDIVIDUAL;

(II) HAS SATISFACTORY EVIDENCE OF THE IDENTITY OF

THE REMOTELY LOCATED INDIVIDUAL BY OATH OR AFFIRMATION

FROM A CREDIBLE WITNESS APPEARING BEFORE THE NOTARY

PUBLIC UNDER 57 PA.C.S. § 307(B) OR UNDER THIS SECTION;

(III) IS ABLE TO REASONABLY IDENTIFY THE INDIVIDUAL

BY AT LEAST TWO DIFFERENT TYPES OF IDENTITY PROOFING

PROCESSES OR SERVICES.

(2) THE NOTARY PUBLIC IS ABLE TO REASONABLY IDENTIFY A

RECORD BEFORE THE NOTARY PUBLIC AS THE SAME RECORD:

(I) IN WHICH THE REMOTELY LOCATED INDIVIDUAL MADE

THE STATEMENT; OR

(II) ON WHICH THE REMOTELY LOCATED INDIVIDUAL

20190SB0841PN1623 - 52 -

EXECUTED THE SIGNATURE.

(3) THE NOTARY PUBLIC, OR A PERSON ACTING ON BEHALF OF

THE NOTARY PUBLIC, CREATES AN AUDIO-VISUAL RECORDING OF THE

PERFORMANCE OF THE NOTARIAL ACT, INCLUDING ALL INTERACTIONS

BETWEEN THE NOTARY PUBLIC AND THE REMOTELY LOCATED

INDIVIDUAL.

(4) IF THE REMOTELY LOCATED INDIVIDUAL IS LOCATED

OUTSIDE THE UNITED STATES, ALL OF THE FOLLOWING APPLY:

(I) THE RECORD:

(A) IS TO BE FILED WITH OR RELATES TO A MATTER

BEFORE A COURT, GOVERNMENTAL ENTITY, PUBLIC OFFICIAL

OR OTHER ENTITY UNDER THE JURISDICTION OF THE UNITED

STATES; OR

(B) INVOLVES:

(I) PROPERTY LOCATED IN THE TERRITORIAL

JURISDICTION OF THE UNITED STATES; OR

(II) A TRANSACTION SUBSTANTIALLY CONNECTED

WITH THE UNITED STATES.

(II) THE ACT OF MAKING THE STATEMENT OR SIGNING THE

RECORD IS NOT PROHIBITED BY THE FOREIGN STATE WHERE THE

REMOTELY LOCATED INDIVIDUAL IS LOCATED.

(D) NOTARIAL CERTIFICATE.--IF A NOTARIAL ACT IS SUBJECT TO

THIS SECTION, THE CERTIFICATE OF NOTARIAL ACT REQUIRED BY 57

PA.C.S. § 315 (RELATING TO CERTIFICATE OF NOTARIAL ACT) AND THE

SHORT FORM CERTIFICATE UNDER 57 PA.C.S. § 316 (RELATING TO SHORT

FORM CERTIFICATES) MUST INDICATE THAT THE NOTARIAL ACT WAS

PERFORMED BY MEANS OF COMMUNICATION TECHNOLOGY.

(E) SUFFICIENCY.--A SHORT FORM CERTIFICATE UNDER 57 PA.C.S.

§ 316 FOR A NOTARIAL ACT SUBJECT TO THIS SECTION IS SUFFICIENT

IF THE SHORT FORM CERTIFICATE IS IN THE FORM PROVIDED BY 57

20190SB0841PN1623 - 53 -

PA.C.S. § 316 AND CONTAINS A STATEMENT SUBSTANTIALLY AS FOLLOWS:

"THIS NOTARIAL ACT INVOLVED THE USE OF COMMUNICATION

TECHNOLOGY."

(F) AUDIO-VISUAL RECORDING.--

(1) THIS SUBSECTION APPLIES TO:

(I) A NOTARY PUBLIC;

(II) A GUARDIAN, A CONSERVATOR OR AN AGENT OF A

NOTARY PUBLIC; OR

(III) A PERSONAL REPRESENTATIVE OF A DECEASED NOTARY

PUBLIC.

(2) A PERSON UNDER PARAGRAPH (1) SHALL RETAIN THE AUDIO-

VISUAL RECORDING CREATED UNDER SUBSECTION (C)(3) OR CAUSE THE

RECORDING TO BE RETAINED BY A REPOSITORY DESIGNATED BY OR ON

BEHALF OF THE NOTARY PUBLIC. THE PERSON SHALL RETAIN THE

RECORDING FOR AT LEAST 10 YEARS AFTER THE RECORDING IS

CREATED.

(G) NOTIFICATION.--

(1) BEFORE A NOTARY PUBLIC PERFORMS THE NOTARY PUBLIC'S

INITIAL NOTARIAL ACT UNDER THIS SECTION, THE NOTARY PUBLIC

MUST NOTIFY THE DEPARTMENT THAT THE NOTARY PUBLIC WILL BE

PERFORMING NOTARIAL ACTS FACILITATED BY COMMUNICATION

TECHNOLOGY AND IDENTIFY THE TECHNOLOGY.

(2) IF THE DEPARTMENT HAS ESTABLISHED STANDARDS FOR

APPROVAL OF COMMUNICATION TECHNOLOGY OR IDENTITY PROOFING

UNDER 57 PA.C.S. § 327 (RELATING TO REGULATIONS), THE

COMMUNICATION TECHNOLOGY AND IDENTITY PROOFING MUST CONFORM

TO THE STANDARDS.

(H) (RESERVED).

(I) PROMOTION OF UNIFORMITY.--BEFORE PROMULGATING, AMENDING

OR REPEALING REGULATIONS ABOUT THE PERFORMANCE OF A NOTARIAL ACT

20190SB0841PN1623 - 54 -

WITH RESPECT TO A REMOTELY LOCATED INDIVIDUAL, THE DEPARTMENT

SHALL CONSIDER, IF CONSISTENT WITH THIS SUBCHAPTER, ALL OF THE

FOLLOWING:

(1) THE MOST RECENT STANDARDS REGARDING THE PERFORMANCE

OF A NOTARIAL ACT WITH RESPECT TO REMOTELY LOCATED

INDIVIDUALS PROMULGATED BY A NATIONAL STANDARD-SETTING

ORGANIZATION. THIS PARAGRAPH INCLUDES THE NATIONAL

ASSOCIATION OF SECRETARIES OF STATE.

(2) STANDARDS, PRACTICES AND CUSTOMS OF OTHER

JURISDICTIONS THAT ENACT A STATUTORY PROVISION SUBSTANTIALLY

SIMILAR TO THIS SECTION.

(3) THE VIEWS OF GOVERNMENTAL OFFICIALS AND ENTITIES AND

OTHER INTERESTED PERSONS.

(J) CERTIFICATION OF TANGIBLE COPIES.--

(1) NOTWITHSTANDING 57 PA.C.S. § 304 (RELATING TO

AUTHORITY TO PERFORM NOTARIAL ACT), A NOTARIAL OFFICER MAY

CERTIFY THAT A TANGIBLE COPY OF AN ELECTRONIC RECORD IS A

TRUE AND CORRECT COPY OF THE ELECTRONIC RECORD.

(2) NOTWITHSTANDING 57 PA.C.S. § 320 (RELATING TO

NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON

ELECTRONIC RECORD; SELECTION OF TECHNOLOGY), A RECORDER OF

DEEDS MAY ACCEPT FOR RECORDING A TANGIBLE COPY OF AN

ELECTRONIC RECORD CONTAINING A NOTARIAL CERTIFICATE AS

SATISFYING ANY REQUIREMENTS THAT THE RECORD BE AN ORIGINAL,

IF THE NOTARIAL OFFICER EXECUTING THE NOTARIAL CERTIFICATE

CERTIFIES THAT THE TANGIBLE COPY IS A TRUE AND CORRECT COPY

OF THE ELECTRONIC RECORD.

(K) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

20190SB0841PN1623 - 55 -

"COMMUNICATION TECHNOLOGY." AN ELECTRONIC DEVICE OR PROCESS

THAT:

(1) ALLOWS A NOTARY PUBLIC LOCATED IN THIS COMMONWEALTH

AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH

OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND

(2) MAKES REASONABLE ACCOMMODATIONS FOR AN INDIVIDUAL

WITH A VISION, HEARING OR SPEECH IMPAIRMENT IN ACCORDANCE

WITH LAW.

"DEPARTMENT." THE DEPARTMENT OF STATE OF THE COMMONWEALTH.

"FOREIGN STATE." A JURISDICTION OTHER THAN THE UNITED

STATES, A STATE OR A FEDERALLY RECOGNIZED INDIAN TRIBE.

"IDENTITY PROOFING." A PROCESS OR SERVICE BY WHICH A THIRD

PERSON PROVIDES A NOTARY PUBLIC WITH A MEANS TO VERIFY THE

IDENTITY OF A REMOTELY LOCATED INDIVIDUAL BY A REVIEW OF

PERSONAL INFORMATION FROM PUBLIC OR PRIVATE DATA SOURCES.

"OUTSIDE THE UNITED STATES." A LOCATION OUTSIDE THE

GEOGRAPHIC BOUNDARIES OF:

(1) THE UNITED STATES;

(2) PUERTO RICO;

(3) THE VIRGIN ISLANDS; AND

(4) ANY TERRITORY, INSULAR POSSESSION OR OTHER LOCATION

SUBJECT TO THE JURISDICTION OF THE UNITED STATES.

"REMOTELY LOCATED INDIVIDUAL." AN INDIVIDUAL WHO IS NOT IN

THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC PERFORMING A NOTARIAL

ACT UNDER SUBSECTION (C).

SUBCHAPTER E

LOCAL GOVERNMENT MEETINGS

SEC.

5741. RESPONSE TO COVID-19 DISASTER EMERGENCY.

§ 5741. RESPONSE TO COVID-19 DISASTER EMERGENCY.

20190SB0841PN1623 - 56 -

(A) AUTHORIZATION.--AN AGENCY, DEPARTMENT, AUTHORITY,

COMMISSION, BOARD, COUNCIL, GOVERNING BODY OR OTHER ENTITY OF A

POLITICAL SUBDIVISION INCLUDED IN A DECLARATION OF DISASTER

EMERGENCY AS SPECIFIED UNDER SECTION 7501(D) (RELATING TO

GENERAL AUTHORITY OF POLITICAL SUBDIVISIONS) MAY CONDUCT

HEARINGS, MEETINGS, PROCEEDINGS OR OTHER BUSINESS THROUGH THE

USE OF AN AUTHORIZED TELECOMMUNICATIONS DEVICE UNTIL THE

EXPIRATION OR TERMINATION OF THE COVID-19 DISASTER EMERGENCY.

(B) QUORUM.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A

HEARING, MEETING, PROCEEDING OR OTHER BUSINESS CONDUCTED THROUGH

AN AUTHORIZED TELECOMMUNICATIONS DEVICE UNDER THIS SUBSECTION

SHALL NOT REQUIRE THE PHYSICAL PRESENCE AT A MEETING LOCATION OF

A QUORUM OF THE PARTICIPATING MEMBERS IF A QUORUM IS OTHERWISE

ESTABLISHED BY THE PARTICIPATING MEMBERS THROUGH THE AUTHORIZED

TELECOMMUNICATIONS DEVICE.

DEPARTMENT, AUTHORITY, COMMISSION, BOARD, COUNCIL, GOVERNING

BODY OR OTHER ENTITY OF A POLITICAL SUBDIVISION SHALL POST

ADVANCE NOTICE OF EACH MEETING CONDUCTED UNDER SUBSECTION (A) ON

THE ENTITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE, IF ANY, IN AN

ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION, OR BOTH.

PUBLIC NOTICE SHALL INCLUDE THE DATE, TIME, TECHNOLOGY TO BE

USED AND PUBLIC PARTICIPATION INFORMATION AS PROVIDED UNDER

SUBSECTION (F).

(D) MINUTES.--THE DRAFT MINUTES OF A MEETING CALLED UNDER

EXIGENT CIRCUMSTANCES, WITHOUT ADVANCE NOTICE TO THE PUBLIC, TO

ADDRESS ANY ISSUE RELATED TO THE GOVERNOR'S DISASTER EMERGENCY

DECLARATION RELATED TO COVID-19 SHALL BE POSTED WITHIN 20 DAYS

AFTER THE MEETING OR BEFORE THE NEXT REGULARLY SCHEDULED

MEETING, WHICHEVER IS EARLIER.

20190SB0841PN1623 - 57 -

(E) UNRELATED ISSUE.--AN AGENCY, DEPARTMENT, AUTHORITY,

COMMISSION, BOARD, COUNCIL, GOVERNING BODY OR OTHER ENTITY OF A

POLITICAL SUBDIVISION SHALL NOT CONSIDER ANY APPLICATION, PLAT,

PLAN, SUBMISSION, APPEAL OR CURATIVE AMENDMENT UNRELATED TO THE

GOVERNOR'S DECLARATION OF DISASTER EMERGENCY RELATED TO COVID-19

DURING A MEETING UNLESS NOTICE TO THE PUBLIC AND INTERESTED

PARTIES HAS BEEN PROVIDED AT LEAST FIVE DAYS PRIOR TO THE

MEETING VIA A POST ON THE ENTITY'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE, IF ANY, IN A NEWSPAPER OF GENERAL CIRCULATION, OR BOTH.

(F) PUBLIC PARTICIPATION.--TO THE EXTENT PRACTICABLE, AN

AGENCY, DEPARTMENT, AUTHORITY, COMMISSION, BOARD, COUNCIL,

GOVERNING BODY OR OTHER ENTITY OF A POLITICAL SUBDIVISION SHALL

ALLOW FOR PUBLIC PARTICIPATION IN A MEETING, HEARING OR

PROCEEDING THROUGH AN AUTHORIZED TELECOMMUNICATION DEVICE OR

WRITTEN COMMENTS. WRITTEN COMMENTS MAY BE SUBMITTED TO THE

ENTITY'S PHYSICAL ADDRESS THROUGH UNITED STATES MAIL OR TO A

EMAIL ACCOUNT DESIGNATED BY THE ENTITY TO RECEIVE THE COMMENTS.

(G) ACTION.--FOR AN ACTION REQUIRED BY LAW IN CONSIDERATION

OF ANY APPLICATION, PLAT, PLAN OR OTHER SUBMISSION FOR AN

APPROVAL OR FOR AN ACTION ON AN APPEAL OR CURATIVE AMENDMENT,

THE FOLLOWING SHALL APPLY:

(1) NOTWITHSTANDING ANY PROVISION OF LAW, FOR AN

APPROVAL, APPLICATION, PLAT, PLAN, SUBMISSION, APPEAL OR

CURATIVE AMENDMENT RECEIVED OR PENDING AS OF THE DATE OF OR

DURING THE GOVERNOR'S DECLARATION OF A DISASTER EMERGENCY

RELATED TO COVID-19, THE NUMBER OF DAYS PROVIDED TO SATISFY

STATUTORY TIME LIMITS IN REVIEW, HEARING AND DECISION SHALL

BE SUSPENDED AND TOLLED AS OF THE DATE OF THE DISASTER OR

EMERGENCY DECLARATION OR AS OF THE DATE RECEIVED IF RECEIVED

DURING THE DISASTER OR EMERGENCY DECLARATION, AND SHALL

20190SB0841PN1623 - 58 -

RESUME 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.

(2) NOTIFICATION, IN WRITING, SHALL BE PROVIDED TO EACH

APPLICANT SUBJECT TO THIS SECTION OF THE DISASTER OR

EMERGENCY, THE TIME EXTENSION UNDER THIS SECTION AND THE

RIGHT TO A REQUEST AS PROVIDED UNDER PARAGRAPH (3). A FAILURE

TO RECEIVE THE NOTICE PROVIDED UNDER THIS SECTION SHALL NOT

AFFECT THE TOLLING OF THE NUMBER OF DAYS PROVIDED TO SATISFY

STATUTORY TIME LIMITS FOR REVIEW, HEARING AND DECISIONS.

(3) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS

SECTION, AN APPLICANT MAY REQUEST A MEETING, HEARING OR

PROCEEDING AS MAY BE REQUIRED BY LAW, AND PROVISIONS

GOVERNING THE APPLICATION, PLAT, PLAN, SUBMISSION, APPEAL OR

CURATIVE AMENDMENT DURING THE PERIOD OF THE DISASTER OR

EMERGENCY IN ACCORDANCE WITH THIS SECTION. THE AGENCY,

DEPARTMENT, AUTHORITY, COMMISSION, BOARD, COUNCIL, GOVERNING

BODY OR OTHER ENTITY OF A POLITICAL SUBDIVISION SHALL HAVE

DISCRETION TO PROCEED WITH A REQUEST UNDER THIS PARAGRAPH.

IF A PROCEEDING IS AUTHORIZED, THE APPLICANT AND EACH PARTY

RECEIVING ACTUAL NOTICE OF THE PROCEEDING SHALL BE DEEMED TO

WAIVE ANY CHALLENGE TO THE PROCEEDINGS UNDER 65 PA.C.S. CH. 7

(RELATING TO OPEN MEETINGS) OR ANY OTHER PROVISION OF LAW

THAT GOVERNS THE NOTICE, CONDUCT OR PARTICIPATION IN A

MEETING OR PROCEEDING.

(H) APPLICABILITY.--THIS SECTION SHALL APPLY TO COVID-19

DISASTER EMERGENCY.

(I) EXPIRATION.--THIS SECTION SHALL EXPIRE WHEN THE COVID-19

DISASTER EMERGENCY TERMINATES OR EXPIRES UNDER SECTION 7301(C)

(RELATING TO GENERAL AUTHORITY OF GOVERNOR).

(J) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

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SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"APPROVAL." AS DEFINED IN SECTION 2 OF THE ACT OF JULY 9,

2013 (P.L.362, NO.54), KNOWN AS THE DEVELOPMENT PERMIT EXTENSION

ACT.

"AUTHORIZED TELECOMMUNICATIONS DEVICE." THE TERM INCLUDES

ANY DEVICE WHICH PERMITS, AT A MINIMUM, AUDIO COMMUNICATION

BETWEEN INDIVIDUALS.

SECTION 1.2. SECTION 7501(D) OF TITLE 35 IS AMENDED TO READ:

§ 7501. GENERAL AUTHORITY OF POLITICAL SUBDIVISIONS.

* * *

(D) TEMPORARY SUSPENSION OF FORMAL REQUIREMENTS.--EACH

POLITICAL SUBDIVISION INCLUDED IN A DECLARATION OF DISASTER

EMERGENCY DECLARED BY EITHER THE GOVERNOR OR THE GOVERNING BODY

OF THE POLITICAL SUBDIVISION AFFECTED BY THE DISASTER EMERGENCY

IS AUTHORIZED TO EXERCISE THE POWERS VESTED UNDER THIS SECTION

IN THE LIGHT OF THE EXIGENCIES OF THE EMERGENCY SITUATION

WITHOUT REGARD TO TIME-CONSUMING PROCEDURES AND FORMALITIES

PRESCRIBED BY LAW (EXCEPTING MANDATORY CONSTITUTIONAL

REQUIREMENTS) PERTAINING TO THE PERFORMANCE OF PUBLIC WORK,

ENTERING INTO CONTRACTS, THE INCURRING OF OBLIGATIONS, THE

EMPLOYMENT OF TEMPORARY WORKERS, THE RENTAL OF EQUIPMENT, THE

PURCHASE OF SUPPLIES AND MATERIALS, THE LEVYING OF TAXES AND THE

APPROPRIATION AND EXPENDITURE OF PUBLIC FUNDS. NOTWITHSTANDING

ANY OTHER PROVISION OF LAW, THE GOVERNING BODY OF A POLITICAL

SUBDIVISION SHALL NOT BE REQUIRED TO HAVE A QUORUM PHYSICALLY

PRESENT AT ANY ONE LOCATION IN ORDER TO CONDUCT BUSINESS IF A

QUORUM IS OTHERWISE ESTABLISHED BY THE PARTICIPATING MEMBERS

THROUGH AN AUTHORIZED TELECOMMUNICATION DEVICE.

* * *

SECTION 1.3. CHAPTER 62 HEADING AND SECTIONS 6201, 6202,

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6203 AND 6206 OF TITLE 42 ARE AMENDED TO READ:

CHAPTER 62

UNIFORM UNSWORN [FOREIGN]

DECLARATIONS ACT

§ 6201. SHORT TITLE OF CHAPTER.

THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE UNIFORM

UNSWORN [FOREIGN] DECLARATIONS ACT.

§ 6202. 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:

["BOUNDARIES OF THE UNITED STATES." THE GEOGRAPHIC

BOUNDARIES OF THE UNITED STATES, PUERTO RICO, THE VIRGIN ISLANDS

AND ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE

JURISDICTION OF THE UNITED STATES.]

"LAW." INCLUDES [THE FEDERAL OR A STATE CONSTITUTION, A

FEDERAL OR STATE] A STATUTE, [A] JUDICIAL DECISION OR ORDER, [A]

RULE OF COURT, [AN] EXECUTIVE ORDER AND [AN] ADMINISTRATIVE

RULE, REGULATION OR ORDER.

"RECORD." INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM

OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS

RETRIEVABLE IN PERCEIVABLE FORM.

"SIGN." WITH PRESENT INTENT TO AUTHENTICATE OR ADOPT A

RECORD:

(1) TO EXECUTE OR ADOPT A TANGIBLE SYMBOL; OR

(2) TO ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD

AN ELECTRONIC SYMBOL, SOUND OR PROCESS.

["STATE." A STATE OF THE UNITED STATES, THE DISTRICT OF

COLUMBIA, PUERTO RICO, THE VIRGIN ISLANDS OR ANY TERRITORY OR

INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED

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STATES.]

"SWORN DECLARATION." A DECLARATION IN A SIGNED RECORD GIVEN

UNDER OATH. THE TERM INCLUDES A SWORN STATEMENT, VERIFICATION,

CERTIFICATE AND AFFIDAVIT.

"UNSWORN DECLARATION." A DECLARATION IN A SIGNED RECORD

[THAT IS] NOT GIVEN UNDER OATH BUT [IS] GIVEN UNDER PENALTY OF

PERJURY.

§ 6203. APPLICABILITY.

THIS CHAPTER APPLIES TO AN UNSWORN DECLARATION BY A DECLARANT

WHO AT THE TIME OF MAKING THE DECLARATION IS PHYSICALLY LOCATED

WITHIN OR OUTSIDE THE BOUNDARIES OF THE UNITED STATES WHETHER OR

NOT THE LOCATION IS SUBJECT TO THE JURISDICTION OF THE UNITED

STATES. [THIS CHAPTER DOES NOT APPLY TO A DECLARATION BY A

DECLARANT WHO IS PHYSICALLY LOCATED ON PROPERTY THAT IS WITHIN

THE BOUNDARIES OF THE UNITED STATES AND SUBJECT TO THE

JURISDICTION OF ANOTHER COUNTRY OR A FEDERALLY RECOGNIZED INDIAN

TRIBE.]

§ 6206. FORM OF UNSWORN DECLARATION.

AN UNSWORN DECLARATION UNDER THIS CHAPTER MUST BE IN

SUBSTANTIALLY THE FOLLOWING FORM:

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAW OF THE

COMMONWEALTH OF PENNSYLVANIA THAT THE FOREGOING IS TRUE

AND CORRECT.[, AND THAT I AM PHYSICALLY LOCATED OUTSIDE

THE GEOGRAPHIC BOUNDARIES OF THE UNITED STATES, PUERTO

RICO, THE VIRGIN ISLANDS AND ANY TERRITORY OR INSULAR

POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED

STATES.

EXECUTED] SIGNED ON THE........DAY OF........,........,

AT............................................,

(DATE)........(MONTH)...........(YEAR).........

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(CITY] COUNTY OR OTHER LOCATION, AND STATE)............

...............................................

(COUNTRY)..................................

(PRINTED NAME).............................

(SIGNATURE)................................

Section 2. The following apply:

(1) Actions taken by the Health Care Cost Containment

Council from the period from June 30, 2014, to the effective

date of this section are validated.

(2) New positions on the Health Care Cost Containment

Council created under 35 Pa.C.S. Ch. 33 shall be filled in

the manner designated under 35 Pa.C.S. § 3303(b) no later

than 60 days after the effective date of this section.

Organizations required under 35 Pa.C.S. § 3303(b) to submit

lists of recommended persons to fill new positions on the

council shall do so no later than 30 days after the effective

date of this section.

(3) There shall be no lapse in the employment

relationship for employees of the Health Care Cost

Containment Council, including salary, seniority, benefits

and retirement eligibility of the employees.

Section 3. This act shall take effect immediately.

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