Pennsylvania State Capitol. Photo: Shutterstock

Following is a listing of executive and legislative action from the week of April 20. Both houses of the General Assembly were in recess at press time, subject to returning to session on 12-hour notice by call of the leadership. Lawmakers were observing social distancing, with the Pennsylvania Senate allowing remote voting and the state House of Representatives allowing proxy voting through party whips.

Economic Flexibility

Gov. Tom Wolf signed Senate Bill 841, which is aimed at helping local communities and businesses respond to the COVID-19 emergency and protect the public, on April 20. The bill provides flexibility on property tax deadlines and allows remote public meetings and notarization of documents so online vehicle sales can resume.

"This bipartisan legislation gives local governments and businesses additional options to help property taxpayers and address various needs," Wolf said in a statement. "COVID-19 remains a very real threat and each of us needs to continue doing our part to cut back on physical interactions. This new law is a measured and safe way to provide relief as we continue to monitor the spread of the virus."

SB 841 was sponsored by Pennsylvania Sen. Scott Martin, R-Lancaster, and was passed unanimously in each house of the General Assembly.

The bill, now designated as Act 15 of 2020, includes the following measures:

• Reauthorizes the Pennsylvania Health Care Cost Containment Council and requires it to study the impact of COVID-19 on hospitals and health systems.
• Allows local governments to conduct remote public meetings.
• Provides property tax relief by allowing taxing districts to waive late fees and penalties for property taxes paid by Dec. 31, 2020.
• Allows school districts to renegotiate contracts with service providers to ensure payment of personnel and fixed costs during the school closure.
• Allows remote notarization of documents.

Quick Reopening

Wolf vetoed Senate Bill 613, which would have required a protocol for the reopening of businesses based on federal standards related to COVID-19, on April 20.

"Reopening tens of thousands of businesses too early will only increase the spread of the virus, place more lives at risk, increase the death tolls, and extend the length of the economic hardships created by the pandemic," Wolf said in a veto message.

The reopening provisions were attached to a bill originally sponsored by Sen. Bob Mensch, R-Montgomery.

The bill was passed on a party-line vote in the Pennsylvania Senate with the entire Republican caucus voting yes and Democrats voting no, and on a 108-94 vote in the state House of Representatives with only one Republican crossing over to vote against the measure.

Wolf said that instead of the streamlined approach outlined in SB 613, "we need a measured and staggered approach to restarting the economy."

He also said that he did not want to jeopardize the mitigation afforded by weeks of the "stay-home" order, and said reopening needed to be linked a decline in the spread of the coronavirus, and needed to be accompanied by additional measures to ensure the safe operation of businesses.

Telemedicine Infrastructure

A bill to promote telemedicine was approved April 21 by the Pennsylvania Senate on a 29-21 vote.

Senate Bill 857, which was introduced by Sen. Elder Vogel, R-Beaver, defines telemedicine as "the delivery of health care services provided through telecommunications technology to a patient by a healthcare practitioner who is at a different location." It also establishes guidelines regarding who can provide telemedicine services, and provides clarity regarding insurance company reimbursement for those services.

The bill was introduced and secured passage in the House in November 2019. But Vogel said the COVID-19 pandemic underscored the need to remove barriers to patient care that may be imposed by distance, and make sure insurance can pay for services rendered remotely.

"No one was even remotely aware of COVID-19 and the impact that it could have on our society when I introduced this bill. But, if we take nothing else away from this pandemic, we now fully understand the critical need for this for this tool," Vogel said. "This bill is about building the infrastructure for telemedicine."

SB 857 now goes to Wolf's desk for his signature.

Mental Health

The House on April 20 unanimously passed a bill aimed at protecting the rights of Pennsylvanians receiving mental health care by declaring that persons in treatment have a right to be free from abuse, neglect and exploitation.

House Bill 1895, which was introduced by state Rep. David Rowe, R-Union, would amend the Mental Health Procedures Act by adding a bill of rights for patients under treatment.

"I am incredibly pleased that my bill to protect the rights of Pennsylvanians receiving mental health care, especially during this unprecedented and stressful time, has moved forward in the legislative process," Rowe said. "With over 1 million Pennsylvanians now unemployed, we will undoubtedly have more people seeking help, and I am proud that the House saw the importance of my bill in protecting patient rights during this time."

Patient advocacy groups have noted that a current legal loophole causes victims difficulty in holding abusers accountable.

HB 1895 now heads to the Senate.

Business Restarts

Wolf on April 20 announced three actions including online sales of vehicles, restart of construction projects statewide starting May 8, and curbside pickup of wine and spirits at select Pennsylvania Liquor Control Board locations.

"Over the past six weeks, Pennsylvanians have come together like never before to halt the spread of COVID-19," Wolf said. "It has not been easy, but it has paid off. Today, we are taking small steps toward a degree of normalcy. We are allowing curbside pickup of phone orders at PLCB stores and auto sales will be allowed to take place online. On May 8, construction will resume statewide.

"I want to caution that we will not be resuming operations as they were in February. We're going to continue to take precautions that limit our physical contact with others, and we will closely monitor this to see if it can be done safely."

These limited steps forward will be closely observed in the coming days and weeks to ensure that they do not result in a rapid increase in COVID-19 cases. If they do, a Wolf administration statement said, the governor has pledged use his authority under the emergency disaster declaration to resume restrictions to protect public health and safety.

Voting Rights

The Wolf administration is encouraging voters to cast their primary election ballots by mail, saying it would help prevent the spread of the new coronavirus, but faced legal action April 22 by a liberal group demanding greater protections against disenfranchisement, The Associated Press reported.

The Wolf administration has sent 4.2 million postcards to primary voters and is mounting a vote-by-mail awareness campaign on radio, television, social media, streaming services, mobile apps and email, officials said April 22.

The state's efforts to get voters to apply for a mail-in ballot or absentee ballot have gained traction, with more than 462,000 voters applying for a mail-in ballot and more than 139,000 applying for an absentee ballot, according to Wolf administration figures.

Republican and Democratic party officials in Pennsylvania have encouraged people to vote by mail amid concerns the virus will make it difficult for county officials to find polling places and get poll workers to staff them. Election officials in various counties say they probably will be forced to operate far fewer polling places than normal.

In its lawsuit, the labor-backed Pennsylvania Alliance for Retired Americans seeks to have the state provide prepaid postage for all mail ballots; count ballots received after 8 p.m. Election Day if the delay was caused by a disruption in mail service; and allow third parties to assist voters in submitting their sealed ballots.

State officials have "failed to implement adequate safeguards to ensure a free and fair election" in the face of the pandemic, said the suit, filed in Commonwealth Court.

An email was sent to Wolf's spokeswoman seeking comment.

Hospital Costs

The new coronavirus could cost Pennsylvania hospitals more than $10 billion this year, a trade group said April 22, repeating its call for the Wolf administration and state lawmakers to provide tax relief and other financial support, according to a report from The Associated Press.

An analysis commissioned by The Hospital and Healthsystem Association of Pennsylvania said the cancellation of elective surgeries and deferral of medical treatments—from which hospitals derive a large portion of their income—resulted in a nearly $1 billion revenue hit in March alone. Many hospitals and health networks have already furloughed and laid off workers, and the report warned that some hospitals might have to close.

"We are calling on the governor and the legislature to act now," Andy Carter, the group's president and CEO, told reporters April 22.

Pennsylvania hospitals said they expect to get more than $3 billion in federal coronavirus funding, leaving them with a projected net loss from the pandemic of $7 billion this year without tax relief and additional government aid.

A Wolf administration spokeswoman said the state government has taken several steps to support hospitals, creating a $450 million short-term loan program and buying personal protective gear and other equipment for hospitals and nursing facilities.