SOCMA has gathered information on state mandated reporting and redistribution requirements for PPE.

Please contact Jared Rothstein, Senior Manager, Regulatory Affairs, for further information on specific state orders

Pennsylvania
An executive order issued April 8 has authorized state agencies to “commandeer and utilize all PPE, pharmaceuticals, and other medical resources required” within the state to respond to 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.” 

Companies “are required to submit current inventory quantities of PPE, pharmaceuticals, and other medical resources” to the Pennsylvania Emergency Management Agency by April 13. The order pledges to provide compensation for the commandeering of such supplies and materials, with agreed upon prices based on “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.”

The PA Dept. of Health published an FAQ related to the order. The document provides a link to a new survey that affected entities can complete to submit their inventory of supplies. The FAQ notes that they are looking for three main categories of supplies, with specific examples for each: “PPE (such as gowns, gloves, and face masks), other durable medical equipment (such as ventilators and ECMO machines), and select pharmaceuticals that may aid in the support and treatment of individuals with COVID-19 (such as paralytic drugs for intubated patients, pain medication, and airway support drugs).”

New York
An executive order issued April 7 requiring that “Any medical equipment (personal protective equipment (PPE), ventilators, respirators, bi-pap, anesthesia, or other necessary equipment or supplies as determined by the Commissioner of Health) that is held in inventory by any entity in the state, or otherwise located in the state shall be reported to DOH [Department of Health]. DOH may shift any such items not currently needed, or needed in the short term future by a health care facility, to be transferred to a facility in urgent need of such inventory, for purposes of ensuring New York hospitals, facilities and health care workers have the resources necessary to respond to the COVID-19 pandemic, and distribute them where there is an immediate need.”

The directive applies to any person or entity, and does not appear to provide any exemption for essential business activities such as critical manufacturing.

The order further states that “DOH shall either return the inventory as soon as no longer urgently needed and/or, in consultation with the Division of the Budget, ensure compensation is paid for any goods or materials acquired at the rates prevailing in the market at the time of acquisition, and shall promulgate guidance for businesses and individuals seeking payment.”

The order remains in effect through April 29, 2020, unless later extended by a future order and includes language regarding enforcement against entities who do not comply with the requirements.

Minnesota
An executive order issued March 23 has ordered companies and other entities “in possession of PPE, ventilators, respirators, or anesthesia machines (including any consumable accessories to these devices) that are not required for the provision of critical health care services or essential services and were not produced by the organization for the purpose of sale” to conduct an inventory of such supplier by March 25, 2020. They must submit this inventory to the state using the form available to them online. 

The order also states that such entities must refrain from using their supplies, “other than for use in delivering critical health care services or essential services requiring such equipment, and must either donate it to a local coordinating entity or prepare for the possibility of being asked to donate or sell it for use by critical health care workers.”

The order remains in effect until the conclusion of the state emergency declaration, and it does not discuss compensation for such supplies if commandeered by the state. 

Minnesota’s April 8 stay at home order exempts from enforcement “essential” manufacturing, and incorporates the federal CISA guidance regarding which critical infrastructure sectors are exempt from such restrictions. Companies whose activities fall under the CISA guidance can assume that they are exempt from the March 23 inventory order requirements under its “essential services” exemption. 

New Jersey
An executive order issued March 23 has ordered that any “business or non-hospital health care facility… in possession of PPE, ventilators, respirators, or anesthesia machines that are not required for the provision of critical health care services should undertake an inventory of such supplies and send that information to the State” by March 27. 

The order does not appear to provide any exemption for essential business activities such as critical manufacturing. The order further states that entities may face penalties for violations of the order. 

Entities subject to the inventory provision can submit this information to the New Jersey Office of Emergency Management via covid19.nj.gov/ppereport.

Colorado
An executive order issued March 19 has ordered “any Colorado business or non-hospital health care facility… in possession of PPE, ventilators, respirators and anesthesia machines that are not required for the provision of critical health care services undertake an inventory of such supplies by no later than March 26th, 2020 and prepare to send it to the State of Colorado.” 

The order does not appear to provide any exemption for essential business activities such as critical manufacturing. Entities should submit their a list of supplies to the state using this Google Document. The order tasks the state’s Emergency Operations Center (EOC) with allocating any supplies that are received. 

The order expires on April 14, 2020 and does not provide any information regarding enforcement or compensation for such supplies. 

Oregon
An executive order issued March 19 recommends that “individuals and entities in other [non-healthcare] industries that utilize PPE, including but not limited to the commercial, construction, farming, and manufacturing sectors, are strongly encouraged to cancel or postpone non-essential uses of PPE during the ongoing state of emergency.”

The order only requires that hospitals, outpatient clinics, and other healthcare facilities contact the state by March 27, 2020 regarding any surplus supplies of PPE to arrange for the acquisition of such surpluses by the state. 

The executive order remains in effect for 90 days after signing, unless otherwise extended or revoked.

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