Delayed notice of Pa. lawmaker’s COVID-19 diagnosis spurs outrage, calls for investigation

Pa. state Rep. Brian Sims calls for House Speaker's resignation

Rep. Brian Sims, D-Philadelphia, called for House Speaker Mike Turzai to resign, accusing the Republican leader of withholding information from Democrats about GOP Rep. Andrew Lewis' COVID-19 diagnosis.

The fallout at the State Capitol from the delayed notice about a state lawmaker’s positive COVID-19 diagnosis has spurred a flurry of reactions and demands for change to ensure others are protected from the exposure to the potentially deadly virus.

There have been calls for investigations, a resignation, and changes in rules to ratchet up safety precautions after Rep. Andrew Lewis, a Dauphin County Republican, publicly shared on Wednesday he had been in self-isolation the last two weeks after being exposed to the coronavirus.

Lewis said he had been exposed around May 14, the last day he was at the state Capitol for about three hours. He said he was tested on May 18 and learned the test was positive two days later.

Lewis’ announcement shared on social media and by the House Republican Caucus on Wednesday afternoon was met with shock and outrage by House Democrats. Angry Democratic lawmakers indicated they felt Republicans displayed a cavalier attitude about a potentially serious health risk by keeping them in the dark.

Rep. Brian Sims, D-Philadelphia, went on a tear on Facebook in a video over the health risk the delay potentially posed not only to members and staffers but their families as well. He said House Speaker Mike Turzai, R-Allegheny, should go to jail for hiding it. He also appeared on CNN on Thursday continuing his rant to a national audience and again calling for Turzai, who is not seeking re-election this year, to resign.

Rep. Kevin Boyle, D-Philadelphia, sent a letter to the state Attorney General Josh Shapiro asking him to investigate House Republican leaders and lawmakers who were aware of Lewis’ diagnosis. State Sen. Tim Kearney, a Chester County Democrat, backed the call for an investigation by the attorney general.

The Democrats’ call for the attorney general to investigate doesn’t appear to be going anywhere. In a statement, Attorney General Josh Shapiro acknowledged receiving several requests for a criminal investigation into the matter.

“While I understand their frustration and concern, a criminal investigation is not warranted based on our initial review. Capitol staff and state House members with concerns about COVID-19 contact tracing and exposure should contact the independent Chief Clerk of the state House and continue to follow the guidance of the Secretary of Health,” Shapiro said in a statement.

"It is critical that public officials lead by example and demonstrate common decency during this crisis by following public health guidelines and being transparent with their colleagues and the Department of Health. Failure to act with this decency puts others at risk and extends the period of time we must fight this pandemic.”

House Democratic Leader Frank Dermody of Allegheny County called for an immediate rule change that among other measures, would require members diagnosed with COVID-19 or in quarantine due to exposure to it to immediately inform the speaker, caucus leaders and the chief clerk.

The House is now considering a rule change that would impose such requirements.

Rep. Andrew Lewis announces his re-election bid

Pa. Rep. Andrew Lewis, R-Dauphin County, announced Wednesday he had tested positive for COVID-19, days after he learned of his positive test. Some Democratic lawmakers said he and House GOP leaders should have disclosed it sooner.

‘Nothing to do with politics’: Lewis

Lewis, 33, admits to being fully recovered from his bout with the virus that presented itself to him in mild flu-like symptoms around May 14, the last day he was at the Capitol for a three-hour span.

He is grateful that none of the handful of people he may have potentially exposed have shown symptoms. Those he could have exposed include at least two state representatives, as well as his family. Lewis said he was more concerned about them than himself.

But he said he is disappointed that his Democratic colleagues, some of whom he greatly admires, have politicized his health issue. He said he didn’t purposely try to hide his diagnosis from them. Instead, he said he was following the recommended protocols from the state Department of Health and U.S. Centers for Disease Control.

Lewis said he immediately self-isolated when he started feeling sick around May 14. He made an appointment to get tested and the earliest appointment he could get was on May 18.

He received his results on May 20th and he notified the House human resources department about the handful of people he came into contact within the 48-hour timeframe from when his symptoms started. He also contacted the Department of Health and checked in with the department every day during his self-isolation.

State Reps. Frank Ryan and Russ Diamond, both Lebanon County Republicans, confirmed to PennLive that they were alerted on May 21 about their possible exposure to COVID-19 and went into self-quarantine, which ended on Thursday.

House GOP spokesman Mike Straub explained Ryan’s and Diamond’s 14-day quarantine clock began from the time of exposure, which was determined to be the last time they saw Lewis on May 14, and not from the time they were notified.

Lewis said he followed the House’s protocol to the T.

“It was a textbook case of notifying the people I needed to notify,” Lewis said. “It’s very disappointing to see that there’s any thought that somehow there was an intentional not letting them know on a partisan basis. For me, it had nothing to do with politics whatsoever.”

Rep. Greg Rothman, R-Cumberland County, among others, said they had heard rumblings around the Capitol about Lewis or a member being exposed to the coronavirus but didn’t hear it was officially confirmed until the same time the Democrats got word.

‘Willful disregard’

On the House floor on Thursday, arguments made clearly indicated the Democrats felt otherwise.

Boyle accused the House Republican Caucus, who he said knew about the positive diagnosis for a week without disclosing it, of causing a serious workplace safety issue.

"It is willful disregard not just to the members and staff but also the many service and security workers who also work in this building,” Boyle said.

He made a motion calling for the House to adjourn until June 8 to allow time for an investigation into who in the Republican Caucus was aware of Lewis’ diagnosis and why Democrats weren’t told.

House Majority Leader Bryan Cutler, R-Lancaster County, argued against Boyle’s motion. He said the caucus and Lewis followed House policies that interact with patient privacy required by other laws, including the federal Health Insurance Portability and Accountability Act and the American Disabilities Act.

“You have to maintain the balance between public safety and patient privacy,” Cutler said.

Cutler pointed out House members could vote remotely. He said the House put in place a temporary rule allowing for remote voting so lawmakers would have an option if they felt uncomfortable coming to the Capitol during the pandemic.

Sims delivered an emotionally charged speech that laid out the timeline that suggested the two-to-14-day incubation period for COVID-19 meant that Lewis could have exposed his House colleagues from May 4 until he self isolated on May 14. He pointed out Lewis attended House sessions in person six times during that 10-day timeframe.

As a lawyer who has practiced law specifically relating to HIPAA protections, Sims said HIPAA doesn’t apply in a public health sphere. He also cast doubt that Lewis only had contact with a handful of people in the Capitol, calling it ridiculous.

“We don’t want to know the names of whomever in your caucus has tested positive. We don’t want to know the names in your caucus of whoever is being quarantined," he said. "But we have a right, a public health right to protect our families, to protect our neighbors, to protect our constituents and our staffs.”

He ended by echoing Boyle’s call for the attorney general to investigate and for Turzai to resign over the failure to disclose.

Turzai responded tersely, “I was not informed and that’s it.”

The House defeated Boyle’s motion to adjourn by a 110-92 vote with one Democrat, Rep. Anita Astorino Kulik of Allegheny County, joining Republicans in opposing it.

Pa. House of Representatives vote remotely for first time in history

House Speaker Mike Turzai, R-Allegheny County, said he would support a rule change compelling lawmakers to publicly disclose a positive test for COVID-19. Joe Hermitt | jhermitt@pennlive.com

Members should ‘self-disclose’ immediately: Turzai

Still, Turzai shared with the chamber that if he were diagnosed with COVID-19, “I would immediately self disclose and immediately quarantine,” which drew applause from members.

“And I think all members should follow the same protocol,” Turzai said. “Moving forward for all of us, I would suggest that we self-disclose.”

And the House Speaker said he would support a rule change to that effect.

Meanwhile, the General Assembly’s first diagnosed exposure to the pandemic is sparking possible changes at the other end of the Capitol as well.

Senate Republican leaders said they now, too, are having discussions about changes to their chamber’s COVID-19 potential workplace exposure protocol that follows CDC guidelines.

Senate President Pro Tempore Joe Scarnati, R-Jefferson County, acknowledged that they asked the state Department of General Services to fog Senate offices and the chamber after learning of Lewis’ diagnosis.

“We will continue to have conversations to make our policy as safe as we possibly can for all of our employees,” Scarnati said. “This is ... a tight rope of a sensitive issue. It’s health-related but it certainly affects those around you as we know. So you know, sometimes we have to rely on some common sense. And you can’t legislate that.”

Jan Murphy may be reached at jmurphy@pennlive.com. Follow her on Twitter at @JanMurphy.

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