COVID 2.0: Lawmakers push back on sweeping health 'police power' in key battleground state

Pennsylvania lawmakers are warning that proposed changes to the states public health rules could usher in "," giving health officials sweeping "police power" over residents during future disease outbreaks.

Lawmakers opposing Pennsylvania's planned 502-page rewrite of state health code rules are urging the public to submit comments before the deadline, warning the proposal could serve as a roadmap to unfettered and intrusive restrictions and surveillance efforts, including the reported ability for agency representatives to enter private homes.

"We were the only state in the nation to reduce our governor's powers by a constitutional amendment after COVID," Diamond said, adding that "surveillance, segregation and quarantine" are areas being assessed.

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Pennsylvania voters approved a constitutional amendment in 2021 limiting the duration of a governors disaster declaration to 21 days unless extended by the General Assembly. Those emergency powers played a central role in then-Gov. Tom Wolfs statewide mitigation orders.

In the 502-page proposed Regulation 10-242, Communicable and Noncommunicable Diseases, the Pennsylvania Department of Health proposes expanding the list of reportable diseases, infections and conditions and updating the rules to reflect changing expert standards. "The Department proposes to add language in this subsection, indicating 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 208 this chapter," one provision highlighted by critics reads.

"I don't think that we want a very left-leaning governor with his Department of Health and their henchmen having this kind of police power in Pennsylvania," Diamond said.

A spokesperson for Health Secretary Dr. Debra Bogen — who led the Pittsburgh areas COVID mitigation response — said Shapiro "did not personally propose" the updates and rejected critics characterizations.

"Any misconstruing of these proposed changes designed to scare Pennsylvanians is inaccurate and disingenuous," Neil Ruhland told Fox News Digital.

A Shapiro spokesperson also responded to criticism Wednesday, saying the governors philosophy is that "public health depends on trust" and emphasizing that the proposed health regulations are part of a larger effort to update about 200 regulatory areas across state agencies.

Lapowsky told Fox News Digital that the public, stakeholders, independent regulators and the legislature can review and respond to the proposed changes.

"Once public comment concludes later this month, [Shapiro] will weigh in, and the regulations will be revised accordingly," she said.

Lapowsky said Shapiros emphasis on public trust includes respecting parental rights. Critics say the proposed regulations could give health officials greater authority over certain disease-control measures involving children, including masking. Lapowsky added that the governor believes "government should work closely with the people it serves."