Governor Josh Shapiro has proposed changes to Pennsylvania’s health regulations that would significantly expand the authority of the state’s Department of Health.
The roughly 500-page proposal, published August 8, would expand the circumstances under which the department can implement “disease control measures” and broaden its authority to investigate diseases, infections, and other “conditions.”
Proposed regulations include allowing health officials to enter a wide range of locations without a warrant during their investigations, including homes and schools.
“The department or local health authority may enter an apartment, building, health care facility, school, college or university, or other location as necessary to conduct its investigation under this chapter if the representative presents documentation to establish that they are an authorized representative of the department or the local health authority,” the proposal states.
School employees “may not obstruct” an investigation, and the health department would have more authority to access confidential patient medical records and impose statewide school mask mandates. The proposal would also update procedures for responding to disease outbreaks, contact tracing and protocols involving isolation and quarantine orders.
If passed, the proposal would update Pennsylvania’s public health regulations for the first time in 25 years. The updates would better align those regulations with recommendations and guidance from medical and public health organizations, including the American Academy of Pediatrics and the Centers for Disease Control and Prevention, state Department of Health officials say.
“The Shapiro Administration recognizes the need for updated disease reporting and response regulations as Pennsylvania deals with outbreaks of measles and cyclosporiasis. Establishing updated regulations will allow the Department of Health (DOH) to more effectively protect public health,” a department spokesperson said.
House Republic Leader Jesse Topper called for the withdrawal of the proposed regulations on Wednesday, describing them as “reminiscent of COVID lockdown-era government policy that would infringe upon constitutional norms and civil liberties.”
“Oppressive COVID-era policies were viewed with skepticism by Pennsylvanians of every demographic. Submitting these regulations seems to be devoid of any understanding of our recent history of dangerous government overreach and the resulting public backlash,” Topper said.
He continued:
Government policy that can result in serious interruptions to student success, individual privacy, and how our economy operates should be handled through the legislative process instead of through regulation. We learned that during COVID and we should be practicing that now. As such, I call on the Shapiro administration to immediately withdraw these proposed regulations and work collaboratively with the legislature on their vision for public health management.
Pennsylvania Treasurer Stacy Garrity called Shapiro’s response to two measles-associated deaths in Lancaster County earlier this week “political theater” in a statement.
She also said the governor’s “proposed regulatory scheme would allow his Department of Health henchmen to conduct warrantless searches of private property.”
“I urge Josh Shapiro to immediately withdraw his oppressive proposed regulatory overreach scheme and work with the legislature and others to protect both individual rights and public health. Pennsylvania voters rejected his dictatorial style of public health overreach during COVID, and they will do so again if necessary,” Garrity concluded.
Pennsylvania residents can submit comments on the proposal by emailing RA-DHCHAPTR27PROPREG@pa.gov through September 21. For a detailed analysis of state-backed pharmaceutical and life-sciences investments announced under Shapiro’s administration, you can click here.
In related news, yesterday Shapiro sued the U.S. Department of Health and Human Services (HHS) over its attempt to restrict federal funding for reproductive health care and family planning services.
The filing is a response to a July Trump Administration announcement of new terms and conditions on Title X grants for the 2027-2032 grant cycle.
The lawsuit seeks to stop the implementation of conditions that require applicants and grantees to demonstrate “alignment” and “ongoing compliance” with the Trump Administration’s priorities in order to apply for federal family planning dollars appropriated under Title X of the Public Health Service Act, a news release states.
“The Trump Administration has repeatedly and consistently worked to restrict access to reproductive health care – and now the federal government is trying to politicize federal funds used to promote public health and safety,” Shapiro said in a statement. “I’ve made very clear that I will do everything in my power to ensure that every Pennsylvanian has access to the health care services they need. So long as I’m Governor, I will continue using my authority to fight for this critical funding and protect access to these services.”
The lawsuit is below: