COVID-19 Update: PA Requires Inventory of PPE, Other Medical Resources

Safety Alert (April 10, 2020)

This GAWDA Safety Alert is issued to inform GAWDA members of updates and notifications relevant to COVID-19.  (Click here to download a copy of the Safety Alert.)

COVID-19 Update
Pennsylvania Government Requires Inventory of PPE, Other Medical Resources

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)

Surgical/Procedure Masks
N95/N99 Form Fitting Respirators
Face masks with integrated shield
Powered Air Purifying Respirator, PAPRs
Alcohol Based Hand Rub

Hospital Supplies

Ventilators with PEEP Functionality
Ventilator Circuits
Endotracheal Tubes
Hospital Gowns

Lab Supplies

UVT 3 mL with flocked flex minitip
Nasopharyngeal (NP) flocked swabs and viral transport media tubes (1-3 mL)

Diagnostics Supplies and Instruments

Roche MagNA Pure 96 DNA and Viral NA Small Volume Kits
Roche MagNA Pure 96 System Fluid and Tips
Roche MagNA Pure 96 External Lysis Buffer
Biomerieux NuciSENS EasyMAG extraction system and supplies

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.”

Rick Schweitzer
GAWDA General Counsel and Government Affairs Consultant
(202) 223-3040 office
(703) 946-2548 mobile
rpschweitzer@rpslegal.com

This GAWDA Safety Alert is issued by GAWDA Consultant Rick Schweitzer, Esq. Please contact Rick for further information.

filed under: