PRINTER'S NO. 2150
No. 1794 Session of 1981
INTRODUCED BY JOHNSON, BELFANTI, GRIECO, ALDEN, MICHLOVIC,
PERZEL, SALVATORE, KUKOVICH, ZWIKL AND BOWSER, SEPTEMBER 15,
1981
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, SEPTEMBER 15, 1981
AN ACT
1 Providing for programs relating to the prevention and control of
2 abuse of the elderly, providing aid to victims of such abuse
3 and providing further duties of the Department of Aging.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the "Elderly
8 Assistance Act."
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Abuse." The willful infliction of injury, unreasonable
14 confinement, intimidation or cruel punishment with resulting
15 physical harm or pain or mental anguish, or the willful
16 deprivation by a caretaker of goods or services which are
17 necessary to avoid physical harm, mental anguish or mental
18 illness.
1 "Caretaker." An individual who has the responsibility for
2 the care of an elder, either voluntarily, by contract, receipt
3 of payment for care as a result of family relationship or by
4 order of court.
5 "Department." The Department of Aging.
6 "Elder" or the "elderly." A person or persons who has
7 attained the age of 60 years.
8 "Exploitation." The illegal or improper act or process of a
9 caretaker using the resources of an elder for monetary or
10 personal benefit, profit or gain.
11 "Neglect." The failure to provide for oneself the goods or
12 services which are necessary to avoid physical harm, mental
13 anguish or mental illness or the failure of a caretaker to
14 provide such goods or services.
15 "Physical harm." Bodily pain, injury, impairment or disease.
16 Section 3. Mandatory reporting.
17 Any person having knowledge of known or suspected abuse,
18 neglect or exploitation of an elderly person shall make a prompt
19 report of same to the department. The department shall devise a
20 convenient Statewide reporting system for the collection of
21 these reports.
22 Section 4. Immunity.
23 Any person making a report under section 3 shall be immune
24 from civil liability or criminal prosecution unless such report
25 is fraudulent and made with malice or the person making same has
26 violated any provision of 18 Pa.C.S. Ch.49 Subch. A (relating to
27 perjury and falsification in official matters).
28 Section 5. Departmental action.
29 Upon receipt of a report as provided in section 3, the
30 department shall make an investigation of the matter and attempt
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1 to resolve same through the appropriate State or local agency,
2 the district attorney or through referral to a private attorney
3 or legal aid organization.
4 Section 6. Confidentiality.
5 Reports made under section 3 shall not be open to the general
6 public, but the department may make and publish statistical
7 compilations which do not identify individual victims.
8 Section 7. General duties of the department.
9 (a) Duties enumerated.--The department shall:
10 (1) Devise and operate a Statewide program for
11 assistance to the elderly relating to the prevention,
12 amelioration and treatment of abuse, neglect and
13 exploitation.
14 (2) Coordinate the program with law enforcement
15 officials, State agencies providing services to the elderly,
16 legal aid organizations and State and local senior citizens
17 organizations and agencies.
18 (3) Operate the program so as to conform with Federal
19 requirements and to meet standards for Federal funding.
20 (b) Rules and regulations.--The department shall, in the
21 manner provided by law, promulgate the rules, regulations and
22 forms necessary to carry out this act.
23 Section 8. Effective date.
24 This act shall take effect in six months.
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