Tanya C. Leshko, senior attorney in our Healthcare section, is quoted in the Pittsburgh Business Times article "Strong reaction to governor's order to commandeer PPEs for targeted distribution" on the legality of Pennsylvania Governor Wolf's Executive Order requiring hospitals, health care systems, manufacturers and distributors to inventory their personal protective equipment and other critical medical supplies and commandeer them if necessary to where they're needed in the state due to the COVID-19 crisis.
Tanya C. Leshko, a senior attorney in the health care section of Buchanan Ingersoll & Rooney PC in Pittsburgh, said that the Emergency Management Services Code has a provision allowing the governor to commandeer or utilize any private, public or quasipublic property to cope with a disaster emergency, although it's subject to compensation. Leshko said that legal challenges could be made but it's a question as to whether it would succeed.
"Given the extraordinary circumstances, courts may be inclined to defer to the commonwealth to allow it to respond to the situation in a coordinated manner, provided there is compliance with the law," Leshko said.
She said the order asks for the information within five days about inventories.
"It does not necessarily contemplate immediate transfer of the items identified," Leshko said.