‘COVID 2.0’: Lawmakers push back on sweeping health 'police power' in key battleground state
Pennsylvania Lawmakers Warn Proposed Health Code Rewrite Could Expand State Surveillance Powers
State legislators across the Commonwealth have issued a sharp warning that a 502‑page overhaul of Pennsylvania’s public‑health code could grant health officials unprecedented police‑style authority, including the ability to enter private homes and schools. The changes, contained in the proposed Regulation 10‑242, are under public review until Monday, and lawmakers are urging voters to submit comments before the deadline.
A 2021 Amendment Still in the Picture
In 2021, voters approved a constitutional amendment that limited a governor’s authority to declare a disaster for only 21 days unless the General Assembly extended the declaration. The measure was a direct response to the expansive emergency powers that then‑Governor Tom Wolf exercised during the COVID‑19 pandemic, including statewide stay‑at‑home orders and mask mandates. Republican lawmakers say that the amendment was a unique safeguard, and they are now concerned that the new regulations could circumvent those protections.
What the Rewrite Aims to Do
The Department of Health’s draft proposal seeks to modernize a 25‑year‑old code by expanding the list of diseases that must be reported and updating investigative procedures to match current scientific standards. A key language change, highlighted by critics, states 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.” The proposal does not introduce a new mask mandate, but it broadens disease‑control language that critics say could be applied to school masking orders and other measures.
Lawmakers’ Concerns
Rep. Russ Diamond of Lebanon County—who has led opposition to the proposed changes—called the rewrite “COVID 2.0” and warned that it could serve as a blueprint for intrusive restrictions. “This absolutely is COVID 2.0, but it’s even worse because Governor Shapiro is trying to circumnavigate a constitutional provision that we, the people of Pennsylvania, voted to take that power away from the governor,” Diamond said. He added that surveillance, segregation and quarantine are areas being assessed.
House Minority Leader Jesse Topper, also from the GOP, noted that the pandemic has already exposed the potential for unelected bureaucrats to dictate public‑health decisions. “We were one of the worst locked‑down states in the country and had one of the worst death rates,” Topper said. “We don’t want unelected bureaucrats making those decisions. We need to follow the Commonwealth Constitution.”
State Senator Doug Mastriano of Gettysburg, a former lockdown protester and Trump‑appointed ambassador to Slovakia, echoed those concerns, saying Pennsylvania “enjoyed enough government overreach during COVID. We will not go back.” A video posted by attorney Jason Richey, the Republican nominee for lieutenant governor, described the reforms as “even worse than the COVID rules” and raised fears that the Department of Health could “look at your medical records, enter any building without a warrant, and even take your child from school to talk privately without your consent.”
Department of Health’s Response
Health Secretary Dr. Debra Bogen’s spokesperson, Neil Ruhland, rejected the characterization that the governor personally drafted the changes. “Any misconstruing of these proposed changes designed to scare Pennsylvanians is inaccurate and disingenuous,” Ruhland told Fox News Digital. He said the updates were the result of a multi‑year analysis and are necessary to modernize 25‑year‑old regulations so they “better support evolving public‑health needs and manage dangerous disease.”
A Shapiro spokesperson emphasized that the governor’s philosophy is that “public health depends on trust” and that the rewrite is part of a larger effort to update about 200 regulatory areas across state agencies. “We’re committed to working closely with the people we serve and respecting parental rights,” the spokesperson added.
Public Comment and Next Steps
The proposed regulation is currently in the public comment phase, which will close later this month. The Department of Health said that lawmakers, stakeholders and the general public can submit their feedback during this window. After the comment period ends, Shapiro will review the input and revise the regulations accordingly, according to the department’s spokesperson.
Why It Matters for Pennsylvanians
The debate underscores the tension between modernizing public‑health infrastructure and preserving the constitutional limits on executive power. Lawmakers fear that the new language could enable health officials to conduct investigations without the checks that currently exist, while the department argues that such powers are essential for timely disease surveillance and outbreak containment.
For residents, the outcome will have implications that extend beyond the pandemic—potentially affecting future disease‑control measures, school health policies, and the extent of government intrusion into private life.
Call for Action
Both sides have urged citizens to weigh in before the public‑comment deadline. Rep. Diamond said the proposal “could serve as a roadmap to unfettered and intrusive restrictions,” while the Department of Health emphasizes the necessity of modern tools for public health. With the comment period closing soon, Pennsylvania voters and stakeholders have an opportunity to shape the balance between public‑health readiness and constitutional safeguards.