H0975B3318A05238 LKK:AAS 06/29/22 #90 A05238
AMENDMENTS TO HOUSE BILL NO. 975
Sponsor: SENATOR SANTARSIERO
Printer's No. 3318
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in assault, further providing for definitions; and,
Amend Bill, page 1, lines 8 through 10, by striking out all
of said lines and inserting
Section 1. The definitions of "caretaker" and "private care
residence" in section 2713(f) of Title 18 of the Pennsylvania
Consolidated Statutes are amended to read:
ยง 2713. Neglect of care-dependent person.
* * *
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Caretaker." Any person who:
(1) is an owner, operator, manager or employee of any of
the following licensed or unlicensed entities:
(i) A nursing home, personal care home, assisted
living facility[,] or private care residence [or
domiciliary care home].
(ii) A community residential facility or
intermediate care facility for a person with mental
disabilities.
(iii) An adult daily living center.
(iv) A home health service provider.
(v) A health care facility as defined in section
802.1 of the act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act;
(2) provides care to a care-dependent person in the
settings described under paragraph (1);
(3) has an obligation to care for a care-dependent
person for monetary consideration in the settings described
under paragraph (1);
(4) is an adult who resides with a care-dependent person
and who has a legal duty to provide care or who has
voluntarily assumed an obligation to provide care because of
a familial relationship, contract or court order; or
(5) is an adult who does not reside with a care-
2022/90LKK/HB0975A05238 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
dependent person but who has a legal duty to provide care or
who has affirmatively assumed a responsibility for care, or
who has responsibility by contract or court order.
* * *
"Private care residence." A private residence, including a
domiciliary care home:
(1) in which the owner of the residence or the legal
entity responsible for the operation of the residence, for
monetary consideration, provides or assists with or arranges
for the provision of food, room, shelter, clothing, personal
care or health care in the residence, for a period exceeding
24 hours, to fewer than four care-dependent persons who are
not relatives of the owner; and
(2) (i) that is not required to be licensed as a long-
term care nursing facility, as defined in section 802.1
of the Health Care Facilities Act; and
(ii) that is not identified in paragraph (1) of the
definition of "caretaker."
Section 2. Section 3124.2(a.5) of Title 18 is amended and
the section is amended by adding a subsection to read:
Amend Bill, page 4, line 2, by striking out "2" and inserting
3
2022/90LKK/HB0975A05238 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
See A05238 in
the context
of HB0975