Pennsylvania Lawmakers Warn of 'COVID 2.0' in Proposed Health Code Rewrite

Proposed changes to Pennsylvania's public health rules are drawing fire from state lawmakers who claim the updates could lead to a resurgence of broad government powers, drawing comparisons to the COVID-19 pandemic and the term "COVID 2.0."

Opponents of the Pennsylvania Department of Health's 502-page rewrite of state health code rules are urging the public to submit comments before the deadline, expressing concerns that the proposal could enable intrusive restrictions and surveillance. State Rep. Russ Diamond, R-Lebanon, a leading critic, stated that Governor Josh Shapiro is attempting to bypass a constitutional amendment that limits the governor's powers during emergencies.

"We were the only state in the nation to reduce our governor's powers by a constitutional amendment after COVID," Diamond said. "Surveillance, segregation and quarantine" are among the areas being reassessed under the proposed regulations.

In 2021, Pennsylvania voters approved an amendment limiting a governor's disaster declaration to 21 days unless extended by the General Assembly, a measure enacted after former Gov. Tom Wolf's pandemic-related mitigation orders. The proposed regulations, specifically in section 10-242 concerning Communicable and Noncommunicable Diseases, would expand the list of reportable conditions and update rules to reflect current expert standards. One provision highlighted by critics states that "the Department or a local health authority may enter an apartment, a building, a health care facility, a school, college or university, or other location as necessary to conduct its investigation under this chapter."

Diamond voiced concerns about granting such "police power" to the Department of Health, especially under a governor with what he described as a "very left-leaning" administration.

A spokesperson for Health Secretary Dr. Debra Bogen refuted the criticisms, stating that Governor Shapiro "did not personally propose" the updates and calling the characterizations "inaccurate and disingenuous." The spokesperson, Neil Ruhland, said the proposed changes are designed to "scare Pennsylvanians" and are part of a broader effort to update approximately 200 regulatory areas across state agencies.

Shapiro's administration emphasizes that public health relies on trust and that the regulations are an effort to modernize outdated rules. Ruhland noted that the current regulations are 25 years old and require updating to "better support evolving public health needs and manage dangerous disease."

While the proposed regulations do not include a mask mandate, critics argue they could broaden disease-control language beyond "surveillance," a term that was central to past litigation over the state's school masking order. State Rep. Jesse Topper, R-McConnellsburg, urged Americans nationwide to pay attention, noting that "Everybody in the United States was impacted by COVID one way or another."

Topper also expressed concern about expanding government authority beyond the constitutional limits established after COVID-19. State Sen. Doug Mastriano, R-Gettysburg, echoed these sentiments, calling the proposed regulations an "end-run" around voters and stating, "Pennsylvania endured enough government overreach during COVID. We will not go back."

Jason Richey, Republican nominee for lieutenant governor, also described the changes as "COVID 2.0," alleging that the Department of Health could access medical records, enter buildings without a warrant, and question children privately at school without parental consent.

Both Topper and Ruhland encouraged Pennsylvanians to submit their feedback on the proposed regulations before the public comment deadline. The proposed changes aim to update regulations that are 25 years old to better address current public health needs.