Safety Alert (April 10, 2020)
The Pennsylvania Governor issued an Order dated April 8, 2020 that authorizes the Pennsylvania Emergency Management Agency to “commandeer and utilize all PPE, pharmaceuticals, and other medical resources required to respond to, provide care for those afflicted by, or otherwise prevent the spread of COVID-19 from all private, public, and quasi-public health care providers and facilities, as well as manufacturers and suppliers of PPE, pharmaceuticals, and other medical resources located within the Commonwealth of Pennsylvania.”
This means that the State Government may take the PPE, pharmaceuticals, and other medical resources manufactured or distributed by your company for use by healthcare facilities or emergency responders in combatting the COVID-19 emergency. But if the State takes your products, the Governor’s order also provides you will be compensated at average market prices:
Commonwealth agencies shall provide for payment to affected healthcare providers and facilities, manufacturers and suppliers of PPE, pharmaceuticals, and other medical resources under terms and conditions agreed upon. The compensation price of PPE, pharmaceuticals, and other medical resources shall be the average price at which the same or similar consumer goods or services were obtainable in the affected areas during the last seven days immediately prior to March 6, 2020.
Inventory Report. The Order states that private manufacturers, distributors, and suppliers of PPE, pharmaceuticals, and other medical resources located within the Commonwealth, are required to submit current inventory quantities of PPE, pharmaceuticals, and other medical resources as directed by the Pennsylvania Management Agency by Monday, April 13, 2020 and to provide updates subsequently as directed by the Pennsylvania Emergency Management Agency.
Inventory Reports should be submitted online through the PEMA Critical Medical Supplies Medical Portal. The Inventory Form asks for information on the following items:
Personal Protection Equipment (PPE)
Ventilators with PEEP Functionality
UVT 3 mL with flocked flex minitip
Diagnostics Supplies and Instruments
Roche MagNA Pure 96 DNA and Viral NA Small Volume Kits
Although the Governor’s Order refers to “pharmaceuticals,” which includes medical gases, the inventory reporting form on the PEMA website does not include a specific section for reporting medical gases. You may include your medical gas inventory under “Additional Information,” but it does not appear to be required at this time.
The inventory form also states, “Payment terms to be discussed with vendor at the time of purchase.”
This GAWDA Safety Alert is issued by GAWDA Consultant Rick Schweitzer, Esq. Please contact Rick for further information.