Received 6/17/2020 11:37:02 AM Supreme Court Middle District
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`Filed 6/17/2020 11:37:00 AM Supreme Court Middle District
`104 MM 2020
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`IN THE SUPREME COURT OF PENNSYLVANIA
`MIDDLE DISTRICT
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`No. 104 MM 2020
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`THE HONORABLE TOM WOLF, GOVERNOR OF THE
`COMMONWEALTH OF PENNSYLVANIA,
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`Petitioner
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`vs.
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`SENATOR JOSEPH B. SCARNATI, III, SENATOR JAKE CORMAN,
`AND SENATE REPUBLICAN CAUCUS,
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`Respondents
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`APPLICATION OF SEIU HEALTHCARE PENNSYLVANIA FOR LEAVE
`TO PARTICIPATE AS AMICUS CURIAE
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`WILLIG, WILLIAMS & DAVIDSON
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`By: BRUCE M. LUDWIG, ESQUIRE
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`Attorney ID No. 23251
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`JOHN R. BIELSKI, ESQUIRE
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`Attorney ID No. 86790
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`Attorneys for SEIU Healthcare Pennsylvania
`1845 Walnut Street - 24th Floor
`Philadelphia, Pennsylvania 19103
`Phone: 215 - 656 - 3600
`Fax:
` 215 - 561 - 5135
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`
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`Date: June 17, 2020
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`

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`Comes now, SEIU Healthcare Pennsylvania, by and through the undersigned
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`attorneys, and seeks leave from this Court, pursuant to Pa. R.A.P. 531(b)(1)(iii) to
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`participate as Amicus Curiae in the above-captioned matter, and in support thereof
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`sets forth as follows:
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`1.
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`SEIU Healthcare Pennsylvania is a labor organization that represents
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`nearly 45,000 nurses and other healthcare workers employed in hospitals, skilled
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`nursing facilities, home and community-based programs and state facilities in the
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`Commonwealth of Pennsylvania.
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`2.
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`As frontline workers staffing hospitals, nursing homes and home and
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`community-based programs, members of SEIU Healthcare Pennsylvania are
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`particularly at risk from COVID-19. They are also concerned about the well-
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`being of patients and residents they treat.
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`3.
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`SEIU Healthcare Pennsylvania has a vital interest in the efforts of
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`Governor Wolf to address this pandemic in order to minimize its transmission.
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`Specifically, SEIU Healthcare Pennsylvania supports the steps taken by Governor
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`Wolf in his Disaster Declaration of March 6, 2020 and the subsequent Executive
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`Orders pursuant to that Declaration.
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`4.
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`On or about June 10, 2020, Respondents, Senator Scarnati, III, et al.,
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`in the above-captioned matter filed a Petition for Review in the Commonwealth
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`Court seeking to mandate the Governor to issue an Executive Order proclaiming
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`the end of the COVID-19 disaster emergency in Pennsylvania.
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`5.
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`On or about June 12, 2020, Petitioner Governor Wolf filed an
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`Application with this Honorable Court to exercise jurisdiction pursuant to its
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`King’s Bench Powers and/or Powers to Grant Extraordinary Relief.
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`6.
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`On June 15, 2020, the Office of the Prothonotary of this Court issued
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`a letter requiring Respondents, Senator Scarnati, et al., to file a response to the
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`Governor’s Application by noon on Wednesday, June 17, 2020.
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`7.
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`SEIU Healthcare Pennsylvania wishes to participate in this matter as
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`amicus curiae in order to inform this Court of the need to maintain the Governor’s
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`Proclamation of Emergency Disaster from its unique perspective as an
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`organization representing thousands of healthcare workers in Pennsylvania.
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`8.
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`SEIU Healthcare Pennsylvania does not intend to duplicate the legal
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`arguments made by Governor Wolf in his Application, although it supports those
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`arguments.
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`9.
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`The members of SEIU Healthcare Pennsylvania are among the most
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`exposed to COVID-19 infection through their work and are also especially needed
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`to remain healthy during the duration of this pandemic in order to serve the needs
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`of their patients and residents. They are at risk of losing their lives due to COVID-
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`19, not just their livelihoods. They need this public health emergency to be
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`effectively managed and, based upon their experience, believe that the Governor’s
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`Disaster Declaration remains the means to do so.
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`10.
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`It is important for the Court to hear from SEIU Healthcare
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`Pennsylvania to learn of the harm that will result to its members, and the residents
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`of Pennsylvania whom they serve, if the Disaster Declaration is prematurely
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`terminated.
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`11. SEIU Healthcare Pennsylvania can provide important arguments how
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`the Disaster Declaration, and the unique executive action that can be taken
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`pursuant to that Declaration, protects the lives of Pennsylvanians and the
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`healthcare workers who provide critical services to them during this pandemic.
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`12. For the foregoing reasons, the Court should grant SEIU Healthcare
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`Pennsylvania leave to file an amicus brief in support of Governor Wolf’s
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`Application.
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`13.
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`In order to be timely, SEIU Healthcare Pennsylvania has herewith
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`filed the attached Amicus Brief (See Exhibit A).
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`WHEREFORE, it is respectfully requested that this Court grant SEIU
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`Healthcare Pennsylvania leave to participate as Amicus Curiae on the issues
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`presented by the Governor’s Application.
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`Respectfully submitted,
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`WILLIG, WILLIAMS & DAVIDSON
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`BY: _________________________________
`BRUCE M. LUDWIG, ESQUIRE
`
`
`Attorney ID No. 23251
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`JOHN R. BIELSKI, ESQUIRE
`
`Attorney ID No. 86790
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`Attorneys for SEIU Healthcare Pennsylvania
`1845 Walnut Street - 24th Floor
`Philadelphia, Pennsylvania 19103
`Phone: 215 - 656 – 3600
`Fax:
` 215 - 561 – 5135
`
`Attorneys for Amicus Curiae
`SEIU Healthcare Pennsylvania
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`
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`Date: June 17, 2020
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`

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`Received 6/17/2020 11:37:02 AM Supreme Court Middle District
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`

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`IN THE SUPREME COURT OF PENNSYLVANIA
`
`MIDDLE DISTRICT
`
`
`Docket No. 104 MM 2020
`
`
`THE HONORABLE TOM WOLF, GOVERNOR OF THE
`
`COMMONWEALTH OF PENNSYLVANIA,
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`Petitioner,
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`VI
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`SENATOR JOSEPH B. SCARNATI, III,
`
`SENATOR JAKE CORMAN, AND SENATE
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`REPUBLICAN CAUCUS,
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`Respondents.
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`BRIEF OF AMICUS CURIAE, SEIU HEALTHCARE PENNSYLVANIA, IN
`SUPPORT OF PETITIONER’S APPLICATION FOR THE COURT TO
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`EXERCISE JURISDICTION PURSUANT TO ITS KING’S BENCH
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`POWERS AND/OR POWERS TO GRANT EXTRAORDINARY RELIEF
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`WILLIG, WILLIAMS & DAVIDSON
`
`BRUCE M. LUDWIG, ESQUIRE
`
`Attorney ID. No. 23251
`JOHN R. BIELSKI, ESQUIRE
`Attorney ID. No. 86790
`1845 Walnut Street, 24th Floor
`
`Philadelphia, PA 19103
`(215) 656—3600
`
`Counsel for Amicus Curiae
`SE1U Healthcare Pennsylvania
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`

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`TABLE OF CONTENTS
`
`TABLE OF AUTHORITIES ..................................................................................... ii
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`1.
`
`STATEMENT OF THE INTEREST OF AMICUS CURIAE ....................... 1
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`III. ARGUMENT .................................................................................................. 4
`
`A.
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`COVID-l9’s Devastating Impact on Pennsylvania .............................. 4
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`B.
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`Governor Wolf Addresses COVID—l9 ................................................. 8
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`C.
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`Rescinding the Emergency Proclamation Will Seriously Endanger
`Residents and Employees of Nursing Homes and Long-Term Care
`Facilities .............................................................................................. l 1
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`IV.
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`CONCLUSION ............................................................................................. l6
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`

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`TABLE OF AUTHORITIES
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`ARTICLES
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`PAGEg S 2
`
`Blake Farmer, “At Least 9,000 US. Health Care Workers Sickened with COVID-
`
`19, CDC Data Shows, National Public Radio, https://www.npr.org/
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`sections/health—shots/2020/04/15/834920016/at—least—9—000—u-s—health—care—
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`workers—sickened—With—covid-l9-cdc-data—shows (April 15, 2020) .................. 6
`
`Bob Woods, “Home Health-care Workers in US at Tipping Point Amid
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`Coronavirus Outbreak,” CNBC, https://www.cnbc.corn/2020/04/14/home—
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`health-care—workers-at—tipping—point—arnid—coronavirus-outbreak.htrnl (April 14,
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`2020, updated same day) .................................................................................... 8
`
`Brett Sholtis, “Pa.’s Largest Nurses’ Union Accuses Hospitals of Misinforming
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`State Officials About Protective Equipment, Pennlivecom,
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`https://Www.pennlive.com/coronavirus/2020/05/ pas—largest-nurses-union-
`accuses—hospitals-of—misinforming—state—officials—about—protective—
`equipmenthtrnl (May 15, 2020) ........................................................................ 8
`
`“Cases in the US,” Centers for Disease Control and Prevention,
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`https://www.cdc.gov/coronavirus/2019—ncov/cases~updates/cases—in—us.html
`(last Visited June 16, 2020) ................................................................................ 4
`
`“Coronavirus Disease (COVID-l) Outbreak: Rights, Roles and Responsibilities of
`Health Workers, Including Key Considerations for Occupational Safety and
`Health,” World Health Organization, https://www.who.int/publications/
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`i/item/coronavirus—disease~(covid—19)~outbreak—rights-roles—and-
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`responsibilities-of—health—workers—including—key—considerations—for—
`occupational—safety-and—health (March 19, 2020) ............................................ 7
`
`“Coronavirus in the U.S.: Latest Map and Case Count,” New York Times,
`https://www.nytimes.com/interactive/2020/us/coronavirus—us—cases.htrnl#states
`(last Visited June 17, 2020) ................................................................................. 4
`
`ii
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`“COVID—19 Data for Pennsylvania,” Pa. Dept. of Health,
`https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.ast (last
`visited June 16, 2020) ............................................................................. 4, 11, 12
`
`“COVID—19 Long-Term Care Facilities Data for Pennsylvania,” Pa. Dept. of
`Health, https://www.health.pa.gov/topics/disease/coronavirus/Pages/LTCF—
`Dataaspx (last visited June 16, 2020) ............................................................ 5, 7
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`“Forecasts of Total Deaths,” Centers for Disease Control and Prevention,
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`https ://www.cdc.gov/coronavirus/20 l 9-ncov/covid-data/forecasting—us.htrnl
`(updated June 12, 2020, last visited June 17, 2020) ........................................ l3
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`“Hospitalization Forecasts,” Centers for Disease Control and Prevention,
`https://www.cdc.gov/coronavirus/2019-ncov/cases—updates/hospitalizations—
`forecastshtml (updated June 10, 2020, last visited June 17, 2020) ................ 13
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`Karen Yourish, et al., “One—Third of All Coronavirus Deaths Are Nursing Home
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`Residents or Workers,” New York Times, https://www.nytimes.com/
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`interactive/2020/05/09/us/coronavirus-cases—nursing-homes~us.html, New York
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`Times (May 9, 2020, updated May 11, 2020) .................................................... 5
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`Madeline Holcombe, “12 States See Rising COVID—19 Hospitalizations as Arizona
`Asks Hospitals to Activate Emergency Pans,” CNN, https://wvvw.cnn.com/
`2020/06/ 1 0/health/us-coronavirus—wednesday/index.html (June 10, 2020,
`
`updated June 11, 2020) ..................................................................................... 12
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`Madeline Holcombe, e_t a_l., “Some States See COVlD—19 Cases Surging as
`Restrictions Are Relaxed,” CNN, https://www.cnn.com/2020/06/ 16/health/us-
`coronavirus—tuesday/index.html (June 16, 2020, updated June 17, 2020).12, 13
`
`People Who Are at Higher Risk for Severe Illness,” Centers for Disease Control
`and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/need—extra-
`precautions/people—at—higher—riskhtml (last visited June 16, 2020) .................. 4
`
`iii
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`

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`“‘Please God, Just Cover Me.’ Health Care Workers Are Risking Their Lives
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`Daily in the Fight Against Coronavirus, Time Magazine, https://time.com/
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`collection/coronavirus—heroes/5 81 68 83/health-care-workers-coronavirus/
`
`(April 9, 2020) ................................................................................................... 7
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`“PPE, Plus Training, Lowers the Risk of COVID-l9 for Health Care Workers,”
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`ScienceDaily, https://www.sciencedaily.com/releases/ 2020/05/
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`200505164637.htm. (May 5, 2020) .................................................................... 8
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`Press Release, “Gov. Wolf Signs Executive Order to Provide Civil Immunity for
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`Health Care Providers,” https://www.governor.pa.gov/newsroom/gov—wolf—
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`signs—executive—order—to—provide-civil-immunity—for-health-care—providers/
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`(May 6, 2020) ............................................................................................ 10, 11
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`Press Release, “Gov. Wolf Signs Order to Provide Targeted Distribution of
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`COVID-l9 PPE and Supplies to Hospitals,” https://www.governor.pa.gov/
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`newsroom/gov~wolf—signs~order—to-provide—targeted—distribution—of—covid— l 9—
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`ppe—and—supplies-to-hospitals/ (April 8, 2020) ................................................ 10
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`Press Release, “Pennsylvania Is Reinforcing the Health Care System to Fight
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`COVID- l 9,” https://www.governor.pa. gov/newsroom/pennsylvania-is-
`reinforcing-the-health-care-system—to—fight—covid—19/ (March 28, 2020) ...9, 10
`
`“Reviewing Past Infection Rates for COVID—l9 Risk in Healthcare Workers,
`Contagion Live, https://www.contagionlive.com/news/infection—rates—covid—
`l9—risk-healthcare—workers (May 20, 2020) ...................................................... 6
`
`The Staffs of Kaiser Health News and The Guardian, “Lost on the Frontline,”
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`https://khn.org/news/lost—on—the-frontline-health—care—worker—death-toll—
`covidl9—coronavirus/ (last Visited June 16, 2020) ............................................ 6
`
`“United States COVID-l9 Cases and Deaths by State,” Centers for Disease
`
`Control and Prevention, https://www.cdc.gov/covid-data-tracker/#cases (last
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`visited June 16, 2020) ......................................................................................... 4
`
`iv
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`

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`1.
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`STATEMENT OF INTEREST OF AMICUS CURIAE
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`Pursuant to Pennsylvania Rule of Appellate Procedure 531, Amicus Curiae,
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`SEIU Healthcare Pennsylvania (“SEIU”), submit this brief in support of Petitioner,
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`Governor Torn Wolf (“Governor”), and his Application for the Court to Exercise
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`Jurisdiction Pursuant
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`to Its King’s Bench Powers and/or Powers to Grant
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`Extraordinary Relief.1
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`SEIU is the state’s largest and fastest—growing union of nurses and healthcare
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`workers, uniting nearly 45,000 nurses, professional and technical employees, direct
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`care workers, and service employees in hospitals, skilled nursing facilities, home
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`and community—based services, and state facilities across the Commonwealth of
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`Pennsylvania (“Commonwealth” or “Pennsylvania”). SEIU is committed to
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`improving the lives of health care workers and ensuring quality care and healthy
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`communities for all Pennsylvanians. It accomplishes these goals by organizing
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`unrepresented health care workers, improving health care industry standards through
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`collective bargaining, and supporting legislation and policy initiatives expanding
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`and protecting health care for all Pennsylvanians.
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`Throughout
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`the COVID—l9 crisis,
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`the members of SEIU Healthcare
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`Pennsylvania have served, and continue to serve, as frontline caregivers for those
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`1 No person or entity other than the Amicus Curiae or their counsel paid for the preparation of
`this brief or authored the brief, in whole or in part.
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`1
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`

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`ravaged by the disease. They have personally witnessed the painful medical realities
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`as the Virus swept over the Commonwealth, resulting in a flood of COVID—l9
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`patients in hospitals and nursing homes.
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`Due to these experiences, SEIU and its members strongly support the efforts
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`of the Governor and his administration in containing the virus and controlling its
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`spread. Starting on March 6, 2020, when the Governor issued a Proclamation of
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`Disaster Emergency (“Emergency Proclamation”) as a result of COVID—l9, he and
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`his administration officials have taken a variety of actions, including issuing county
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`and state-wide stay—at—orders, easing statutory requirements
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`to ensure the
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`Commonwealth has needed medical care professionals and equipment to treat the
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`sick and dying, ordering an accounting of all existing medical equipment in the
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`Commonwealth to combat the virus, and advising the public on the numbers of
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`Pennsylvanians who contracted and died of the illness, including those in long-term
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`medical facilities, like nursing homes. On June 6, 2020, the Governor renewed his
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`Emergency Proclamation because the COVID—l9 crisis has not ended.
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`On June 10, 2020, the leadership of the Republican majority in the General
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`Assembly placed the Governor’s efforts in peril by filing a Petition for Review in
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`the Nature of a Complaint
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`in Mandamus, seeking to rescind the Governor’s
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`Emergency Proclamation and thereby void all executive orders issued thereunder. If
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`such relief were granted, it would make our hospitals and nursing homes less safe
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`

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`and more vulnerable to new COVID-19 cases, increase the risk of the spread of the
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`virus, remove critical economic protections for Pennsylvanians without jobs or who
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`cannot work, and forfeit critical federal funding for personal protective equipment
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`(“PPE”), training, and other essential protections afforded Pennsylvania during this
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`crisis.
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`For these reasons, SEIU Healthcare Pennsylvania files this amicus brief to
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`provide this Court an overview of (l) the dangers faced by essential health care
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`workers, like the members of SEIU, as they treat COVID—l9 patients during this
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`pandemic, (2) the actions taken by the Governor and his administration officials to
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`protect these individuals, and (3) the potential for much greater suffering for
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`essential medical care workers and other Pennsylvanians if the Governor’s
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`emergency declaration is rescinded. Amicus Curiae respectfully request that this
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`Court grant the Governor’s Application for the Court to Exercise Jurisdiction
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`Pursuant to Its King’s Bench Powers and/or Powers to Grant Extraordinary Relief
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`and reject Respondents attempt to rescind the Governor’s Emergency Proclamation.
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`

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`II.
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`ARGUMENT
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`A.
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`COVID-19’s Devastating Impact on Pennsylvania
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`Not since 1918 has the world experienced a pandemic with the lethality of
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`COVlD—l9. So far, the Virus has taken the lives of 116,140 in the United States, and
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`the total number of cases stands at over 2.1 million individuals.2 The pandemic
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`struck particularly hard in Pennsylvania with 77,230 cases, another 2,253 probable
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`cases, and 6,276 deaths.3 Pennsylvania ranks in the top ten states in the number of
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`COVlD-l9 cases and deaths due to the virus.4
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`At the beginning of its deadly trek across the United States, the Center for
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`Disease Control and Prevention (“CDC”) informed the public that those most
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`vulnerable to COVlD—19 were people sixty—five (65) years and older, and those
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`living in nursing homes and long-term care facilities.5 Consistent with that
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`2 “Cases in the US,” Centers for Disease Control and Prevention,
`
`https://www.cdc.g0V/coronavirus/20l9-ncov/cases—updates/cases-in-us.html (last Visited June 16,
`
`2020); “Coronavirus in the US: Latest Map and Case Count,” New York Times,
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`https://www.nytimes.com/interactive/Z020/us/coronavirus-us-cases.htm1#states (last visited June
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`17, 2020).
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`3 “COVlD-l9 Data for Pennsylvania,” Pa. Dept. of Health,
`https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx (last Visited June 16,
`2020).
`
`4 “United States COVlD—l 9 Cases and Deaths by State,” Centers for Disease Control and
`Prevention, https://www.cdc.gov/covid-data-tracker/#cases (last visited June 16, 2020).
`
`5 “People Who Are at Higher Risk for Severe Illness,” Centers for Disease Control and
`Prevention, https://www.cdc. gov/coronavirus/20 l 9-ncov/need—extra—precautions/people-at-
`higher—riskhtml
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`

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`assessment, one third of all COVID—19 cases in the United States are residents of or
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`employees at nursing homes and long-term care facilities, accounting for 153,000
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`COVID-19 cases at 7,700 facilities and 28,100 deaths.6 As the New York Times
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`reported, “[w]hile just 11 percent of the country’s cases have occurred in long—term
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`care facilities, deaths related to Covid-l9 in these facilities account for more than a
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`third of the country’s pandemic fatalities.”7
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`Pennsylvania,
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`a
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`state with a
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`large elderly population, has
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`seen a
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`disproportionate share of cases and deaths amongst those residing in nursing homes
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`and long-term care facilities. Of the 77,230 cases and 6,276 deaths due to COVID—
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`19 in Pennsylvania, 16,612 cases and 4,279 deaths were among residents of nursing
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`homes and long-term care facilities.8 Thus, this segment of the population accounts
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`for 21% of all cases and 68% of all deaths in Pennsylvania.
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`Given the high concentration of COVID-l9 cases and deaths among the
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`elderly, it is hardly surprising that the essential, healthcare workers have become
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`victims of the Virus. One study, which was published in the Annals of Internal
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`6 Karen Yourish, _e_t__a1., “One—Third of All Coronavirus Deaths Are Nursing Home Residents or
`Workers,” New York Times, https://www.nytimes.com/interactive/2020/05/09/us/coronavirus-
`cases—nursing—homes-us.html, New York Times (May 9, 2020, updated May 11, 2020).
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`7 Id.
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`8 “COVID—19 Long—Term Care Facilities Data for Pennsylvania,” Pa. Dept. of Health,
`https://www.health.pa.gov/topics/disease/coronavirus/Pages/LTCF-Data.aspx (last Visited June
`16, 2020).
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`

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`Medicine and based on current and past coronavirus epidemics, concluded that
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`“[h]ealthcare workers are a high risk of infection from [COVID—l9]” and “account
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`for a significant proportion of infections in [coronavirus] outbreaks.”9 As reported
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`by National Public Radio on April 15, 2020, nearly 9,300 health care workers in the
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`United States contracted COVID—l9, and twenty—seven (27) died.10 In Ohio, one in
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`five positive cases for COVID-l9 were health care workers, and the Henry Ford
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`Health System in Detroit, Michigan had over 700 positive cases.11 While the
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`evidence is not complete, one group tabulating the statistics concludes that 629
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`health care workers in the United States have died from COVID— l 9 with the number
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`growing.12
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`While there are no accurate numbers for the total COVID— 1 9 cases and deaths
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`among all Pennsylvania health care workers,
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`the available statistics for those
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`working in nursing homes and long-term care facilities are disturbing. Currently,
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`9 “Reviewing Past Infection Rates for COVID~l 9 Risk in Healthcare Workers,” ContaOion Live,
`https ://www.contagionlive.com/news/infection—rates-covid— l 9~risk-healthcare-workers.
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`‘0 Blake Farmer, “At Least 9,000 US. Health Care Workers Sickened with COVID-l9,” CDC
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`Data Shows, National Public Radio, https://www.npr.org/sections/health-
`shots/2020/04/ l 5/8349200 1 6/at-least-9-00O-u-s-health—care—workers-sickened—with—covid- l 9-
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`cdc—data—shows (April 15, 2020).
`
`‘1 Id.
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`12 The Staffs of Kaiser Health News and The Guardian, “Lost on the Prontline,”
`https://khn.org/news/lost-on—the~frontline~health-care—worker-death—toll-covidl9—coronavirus/
`(last visited June 16, 2020).
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`

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`there have been 2,936 COVID—l9 cases among employees of nursing home and
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`long—term care facilities in Pennsylvania.13 Strikingly, the highest number of cases
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`were n_ot in counties with the highest populations. Instead, the counties of Delaware,
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`Berks, Lancaster, Lehigh, and Chester experienced the highest numbers of COVID—
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`19 cases among these types of employees.14
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`Nor is the risk of infection the only hazard faced by health care workers during
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`this pandemic. In a recent paper, the World Health Organization (“WHO”) states:
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`“Health care workers are at the front line of the COVID—l9 outbreak response and
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`as such are exposed to hazards that put them at risk of infection. Hazards include
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`pathogen exposure,
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`long working hours, psychological
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`distress,
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`fatigue,
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`occupational burnout, stigma and physical and psychological violence.”15 Major
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`media have reported on the long hours, anxiety, depression, and fatigue faced by
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`health care workers fighting on the front lines in the battle against COVID—l9.16
`
`13 “COVID-I9 Long~Term Care Facilities Data for Pennsylvania,” Pa. Dept. of Health,
`https://www.health.pa.gov/topics/disease/coronavirus/Pages/LTCF~Data.aspx (last visited June
`16, 2020). As the charts make clear, Delaware County had 410 cases, Berks County 353,
`Lancaster County 283, Lehigh County 234, and Chester County 205.
`
`14 Id.
`
`‘5 “Coronavirus Disease (COVID-l) Outbreak: Rights, Roles and Responsibilities of Health
`Workers, Including Key Considerations for Occupational Safety and Health,” World Health
`Organization, https://www.who.int/publications/i/item/coronavirus-disease—(covid—19)-outbreak—
`rights-roles-and-responsibilities-of—health-workers—including-key—considerations-for-
`occupational—safety-and-health (March 19, 2020).
`
`
`16 See, gg, “‘Please God, Just Cover Me.’ Health Care Workers Are Risking Their Lives Daily
`in the Fight Against Coronavirus,” Time Magazine, https://time.com/collection/coronavirus~
`
`7
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`

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`These hazards are made far more severe by the much—reported lack of sufficient
`
`quantities and appropriate quality of PPE, such as face masks, which research
`
`demonstrates is a critical component in the fight against transmission of the virus.17
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`In fact, a survey of 1,200 in-home health care workers by the Home Care Association
`
`of America found “77% don’t have enough masks and 57% don’t have enough
`
`gloves.”18
`
`B.
`
`Governor Wolf Addresses COVID-19
`
`On March 6, 2020,
`
`the Governor signed a Proclamation of Disaster
`
`Emergency (“Emergency Proclamation”), authorizing the Governor
`
`to issue
`
`executive orders to combat COVID—l9 and its spread across the Commonwealth.
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`Pursuant to the Emergency Proclamation, the Governor issued a stay—at-home order
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`on March 23, 2020 for specified counties and amended that order several times to
`
`include larger numbers of counties in the Commonwealth as COVID—l9 cases
`
`heroes/58l6883/health—care—workers-coronavirus/ (April 9, 2020); The Staffs of Kaiser Health
`News and The Guardian, “Lost on the Frontline,” https://khn.org/news/lost-on—the-frontline-
`health—care—worker—death-toll—covid19—coronavirus/ (last visited June 16, 2020).
`
`17 Brett Sholtis, “Pa’s Largest Nurses’ Union Accuses Hospitals of Misinforming State Officials
`About Protective Equipment,” Pennlive.com, https://www.pennlive.com/coronavirus/2020/05/
`pas-1argest-nurses-union-accuses-hospitals—of—misinforming-state—officials-about—protective-
`equipmenthtml (May 15, 2020); “PPE, Plus Training, Lowers the Risk of COVID—19 for Health
`Care Workers,” ScienceDaily, https://www.sciencedaily.com/releases/ 2020/05/
`200505164637.htm. (May 5, 2020).
`
`18 Bob Woods, “Home Health-care Workers in US at Tipping Point Amid Coronavirus
`Outbreak,” CNBC, https://www.cnbc.com/2020/04/14/home-hea1th-care~workers-at~tipping-
`point—amid—coronavirus—outbreak.html (April 14, 2020, updated same day).
`
`8
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`increased. Additionally,
`
`throughout
`
`the pandemic,
`
`the Governor
`
`and the
`
`Pennsylvania Secretary of Health, Rachel Levine, MD, issued a series of executive
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`orders to assist health care workers to fight the pandemic in the Commonwealth.
`
`In an effort to ensure as many health care professionals were available to treat
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`COVID—l9 patients, the Governor (l) streamlined the reactivation of licenses for
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`medical practitioners, (2) permitted medical practitioners to provide services via
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`telemedicine, (3) allowed physicians with institutional licenses to practice at more
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`than two facilities, (4) permitted nurses to practice outside their specialty, (5)
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`extended nursing license deadlines and provided temporary nursing and graduate
`
`permits, (6) allowed out-of—state pharmacies to ship goods to Pennsylvania, (7)
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`permitted out—of~state pharmacies to ship goods to Pennsylvania, and (8) allowed
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`temporary expedited licensure for certain pharmacy practitioners and pharmacies.19
`
`The Governor also took a series of actions to increase the amount of necessary
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`medical equipment and supplies for health care facilities treating COVlD—l9
`
`patients. Utilizing the
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`expedited procurement powers
`
`authorized by the
`
`Proclamation, these efforts included signing legislation authorizing the purchase of
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`$50 million in “medical equipment and supplies, such as more beds, ventilators, and
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`personal protective equipment
`
`for hospitals, nursing homes, and emergency
`
`19 Press Release, “Pennsylvania ls Reinforcing the Health Care System to Fight COVID-l9,”
`https://www.governorpa.gov/newsroom/pennsylvania-is—reinforcing—the-health-care-system-to-
`fight-covid-l9/ (March 28, 2020).
`
`9
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`

`

`workers...” and creating a system for manufacturers, distributors, and other medical
`
`equipment suppliers to expedite “the purchase of critical medical supplies” for health
`
`care facilities.20 He also issued an executive order requiring medical equipment
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`manufacturers distributors, and suppliers to provide the Commonwealth an
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`inventory of PPE, pharmaceuticals, and other medical resources and authorized
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`Commonwealth agencies to purchase such available items at a price existing seven
`
`days prior to issuing Emergency Proclamation.21 The Governor also directed the
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`Pennsylvania National Guard to help staff medical facilities, like nursing homes, that
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`were short staffed.
`
`Finally,
`
`the Governor signed “an executive order to provide health care
`
`practitioners protection against liability for good faith actions taken in response to
`
`the call to supplement the health care provider workforce during the COVID-19
`
`pandemic.”22 The executive order (1) grants immunity to individuals who hold a
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`medical license and are engaged in providing COVID—l9 health care treatment or
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`services, (2) extends immunity to medical professionals who provide health care
`
`20 Id.
`
`21 Press Release, Gov. Wolf Signs Order to Provide Targeted Distribution of COVID—l9 PPE and
`Supplies to Hospitals,” https://www.governorpa.gov/newsroom/gov-wolf-signs-order—to-
`provide-targeted-distribution-of—covid-l9-ppe—and-supplies-to—hospitals/ (April 8, 2020).
`
`22 Press Release, “Gov. Wolf Signs Executive Order to Provide Civil Immunity for Health Care
`Providers,” https://www.governor.pa.gov/newsroom/gov-wolf-signs-executive-order—to—provide~
`civil~immunity-for-health-care—providers/ (May 6, 2020).
`
`10
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`

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`treatment or services at “any nursing facility, personal care home, assisted living
`
`facility or any alternate care site, community-based testing site or non—congregate
`
`care facility” that is involved in providing emergency health care services related to
`
`COVlD-l9, (3) affords immunity to “any person, organization, or authority” who
`
`allows their property to be “used for emergency services without compensation. . .,”
`
`and (4) “suspends or removes a host of regulatory barriers that would otherwise
`
`impede or prevent out—of—state, retired or other qualified practitioners from providing
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`services where needed in the Commonwealth.”23
`
`C.
`
`Rescinding the Emergency Proclamation Will Seriously
`Endanger Residents and Employees of Hospitals, Nursing
`Homes and Long-Term Care Facilities.
`
`If the Emergency Proclamation is rescinded, Pennsylvania would become the
`
`first and only State or territory to not have an operative disaster declaration related
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`to the COVID pandemic. There exist no rational grounds for taking such action.
`
`While Pennsylvania has seen a decrease in the number of COVID—19 cases and
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`deaths per day since the Emergency Proclamation was issued, the number of new
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`cases still exceeded 300 throughout the month of June 2020.24 In fact, on two days,
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`23 Id.
`
`24 “COVID—l9 Data for Pennsylvania,” Pa. Dept. of Health,
`https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx (last visited June 16,
`2020).
`
`ll
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`

`

`June 7, 2020 and June 13, 2020, the Commonwealth saw approximately 700 new
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`cases in one day.25
`
`Rather than supporting the position of Respondents in this matter, the data
`
`demonstrates that the Emergency Proclamation should remain in place because it
`
`was effective. Although the Commonwealth saw over 77,000 cases and 6,000
`
`deaths, studies demonstrate that the shutdown orders imposed by Governors across
`
`the nation, including the one issued by Governor Wolf, prevented approximately 60
`
`million COVID—l9 cases along with countless more deaths. Respondents attempt to
`
`end the very means by which the Governor successfully controlled and contained
`
`COVID-l9 and its spread.
`
`Researchers have warned that we remain at the beginning of the pandemic,
`
`have not yet achieved herd immunity, and face a real risk that a second wave of
`
`infections will occur if we abandon the strategies that have proved successful.
`
`In
`
`fact, twenty—one states recently have seen a rise in the number of COVID—19 cases26
`
`and twelve states are experiencing an increase in the number of COVlD-19
`
`hospitalization since the Memorial Day weekend when some states began relaxing
`
`25 Id.
`
`26 Madeline Holcombe, e_t 211., “Some States See COVID-19 Case