Elijah’s Law for childcare centers is now law in Pennsylvania. State lawmakers passed House Bill 928 with bipartisan support on October 21. Then, with the clock ticking on the end of the legislative session, Governor Josh Shapiro swiftly signed the bill into law less than 24 hours later.
The new legislation will protect young children at Pennsylvania childcare centers through required anaphylaxis training and access to lifesaving epinephrine.
“Governor Shapiro’s signing of Elijah’s Law is more than a legislative victory,” Thomas Silvera tells Allergic Living. “It is a commitment to protecting children and ensuring that food allergy preparedness is never optional.”
Silvera is executive director of the Elijah-Alavi Foundation (EAF), which advocated for the new state legislation. “I am deeply grateful to everyone who helped make this moment possible,” he says.
Pennsylvania Rep. Bridget Kosierowski says H.B. 928 gives “childcare workers the training and the medication needed to save lives.” She sponsored the bill with Rep. Kristin Marcell.
“This legislation will help ensure that daycare personnel are prepared to act when there’s no time to waste,” Kosierowski says.
A Child’s Legacy
Elijah’s Law, which ensures childcare centers are equipped for food allergy emergencies, is the legacy of Elijah-Alavi Silvera. The 3-year-old, who was allergic to dairy, died of anaphylaxis in 2017 after he was served a grilled cheese sandwich at his New York City preschool. The early learning center staff, which knew about his allergy, also failed to call 911.
Now his parents, Thomas Silvera and Dina Hawthorne, advocate for legislation through EAF, which they co-founded in their son’s memory.
“Since losing Elijah, we have worked to turn our greatest heartbreak into action that can protect other children,” Silvera says. “We cannot change what happened to him, but we can fight to ensure that his story helps change what happens to other children.”
The Asthma and Allergy Foundation of America (AAFA) advocated alongside the foundation for H.B. 928 in Pennsylvania.
“This law will ensure childcare providers in Pennsylvania are trained to recognize and respond to anaphylaxis,” says Jenna Riemenschneider. She is AAFA’s vice president of advocacy and policy.
National Lobby for Elijah’s Law
Efforts to pass legislation to ensure food allergy safety in childcare centers continue to gain momentum across the United States. The foundation has worked tirelessly to put Elijah’s Law in place since it first passed in New York State.
“The passage of Elijah’s Law in New York in 2019 was an important milestone, but the work cannot stop when a law is passed,” says Silvera. “We must continue strengthening protections wherever gaps remain.”
Governor Shapiro’s signature makes Pennsylvania the eighth state to pass Elijah’s Law. Versions of Elijah’s Law have passed in California, Illinois, Maryland, Missouri, New York, Arkansas, and Virginia. Kansas City also passed an Elijah’s Law at the city level.
Silvera is also urging New York Governor Kathy Hochul to sign epinephrine bills that would strengthen that state’s existing Elijah’s Law. The amendments (Senate Bill S8587A and Assembly Bill A9245A), which passed in June 2026, mandate stock epinephrine for childcare centers. New York City passed an ordinance to build on the state’s Elijah’s Law by mandating stock epinephrine for the city’s childcare centers and schools.
Especially in light of the swift signing in Pennsylvania, New Yorkers are encouraged to contact Governor Hochul to support the epinephrine bills awaiting her signature. “Sharing personal experiences, asking childcare providers about emergency preparedness, and supporting food allergy advocacy efforts can also help keep this issue visible and move meaningful protections forward,” Silvera says.
AAFA is grateful for the efforts of EAF and other advocates to establish Elijah’s Law in several states. But the nonprofit stresses that the legislation is needed throughout the country.
“Where a child lives shouldn’t decide whether their childcare center is prepared for an emergency,” Riemenschneider says. “AAFA will keep working with the Elijah-Alavi Foundation until every state has these protections.”
Elijah’s Law in Pennsylvania
Specific provisions of the Pennsylvania Elijah’s Law bill include:
- Epinephrine access. The bill requires childcare facilities to acquire and stock epinephrine devices, subject to funding being designated to the Pennsylvania Department of Human Services for that purpose. Stock epinephrine is prescribed to be used for anyone experiencing an allergic emergency.
In discussions with legislators, Silvera says he emphasized the need for sustainable funding. He doesn’t want a lack of funds to impede childcare providers’ ability to implement the law. “We recognize the financial pressures facing childcare providers, especially smaller facilities and those in rural communities.” - Anaphylaxis training. Staff members must complete an anaphylaxis training program. Training includes how to recognize symptoms of an allergic reaction. Staff would also learn emergency protocols for anaphylaxis and procedures for both using and storing epinephrine delivery systems.
“Young children often can’t tell us they’re having a reaction,” Riemenschneider notes. “So the caregivers must be properly trained to notice and identify the signs of anaphylaxis and have the epinephrine to promptly treat it.” - Parent education. Information materials about allergic reactions and the childcare center’s protocols must be developed in English and Spanish. It will be given to parents and guardians.
H.B. 928 will go into effect in Pennsylvania in six months.
“We want every covered facility to understand that preparedness is not simply a requirement to satisfy,” Silvera says. “It is a responsibility to the children and families who place their trust in its care.”
Related Reading:
Childcare and Severe Food Allergies: a Critical Need for Training
Advocates Hail California’s Elijah’s Law, Protecting Allergic Kids
