1Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2"An act relating to the protection of the abused, neglected,
3exploited or abandoned elderly; establishing a uniform
4Statewide reporting and investigative system for suspected
5abuse, neglect, exploitation or abandonment of the elderly;
6providing protective services; providing for funding; and
7making repeals," further defining "facility"; and further
8providing for information relating to prospective facility
9personnel.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1.  The definition of "facility" in section 103 of
13the act of November 6, 1987 (P.L.381, No.79), known as the Older
14Adults Protective Services Act, amended December 18, 1996
15(P.L.1125, No.169), is amended to read:

16Section 103.  Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20* * *

21"Facility."  Any of the following:

1(1)  A domiciliary care home as defined in section 2202-A
2of the act of April 9, 1929 (P.L.177, No.175), known as The
3Administrative Code of 1929.

4(2)  A home health care agency.

5(3)  A long-term care nursing facility as defined in
6section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
7known as the Health Care Facilities Act.

8(4)  An older adult daily living center as defined in
9section 2 of the act of July 11, 1990 (P.L.499, No.118),
10known as the Older Adult Daily Living Centers Licensing Act.

11(5)  A personal care home as defined in section 1001 of
12the act of June 13, 1967 (P.L.31, No.21), known as the Public
13Welfare Code.

14(6)  Any individual who provides care, other than an
15immediate family member who does not receive a State
16reimbursement for care, in or out of an individual's home.

17* * *

18Section 2.  Section 502 of the act, amended October 24, 2012
19(P.L.1412, No.175), is amended to read:

20Section 502.  Information relating to prospective facility
21personnel.

22(a)  General rule.--A facility shall require all applicants
23to submit with their applications, and shall require all
24administrators and any operators who have or may have direct
25contact with a recipient to submit, the following information
26obtained within the preceding [one-year] three-month period:

27(1)  Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
28history record information), a report of criminal history
29record information from the State Police or a statement from
30the State Police that their central repository contains no

1such information relating to that person. The criminal
2history record information shall be limited to that which is
3disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
4general regulations).

5[(2)  Where the applicant is not and for the two years
6immediately preceding the date of application has not been a
7resident of this Commonwealth, administration shall require
8the applicant to submit with the application for employment a
9report of Federal criminal history record information
10pursuant to the Federal Bureau of Investigation's
11appropriation under the Departments of State, Justice, and
12Commerce, the Judiciary, and Related Agencies Appropriation
13Act, 1973 (Public Law 92-544, 86 Stat. 1109). The department
14shall be the intermediary for the purposes of this paragraph.
15For the purposes of this paragraph, the applicant shall
16submit a full set of fingerprints in a manner prescribed by 
17the department. The Commonwealth shall submit the 
18fingerprints to the Federal Bureau of Investigation for a
19national criminal history record check. The information
20obtained from the criminal record check shall be used by the
21department to determine the applicant's eligibility. The
22determination shall be submitted to the administrator by the
23applicant prior to commencing employment. The administrator
24shall insure confidentiality of the information. The 
25provisions of 18 Pa.C.S. § 9121(b)(2) shall not apply if the 
26request for a report of Federal criminal history record 
27information is made pursuant to this section.]

28(2.1)  The applicant shall submit a full set of
29fingerprints in a manner prescribed by the department. The
30State Police shall submit the fingerprints to the Federal

1Bureau of Investigation in order to obtain a report of
2Federal criminal history record information and serve as
3intermediary for the purposes of this section.

4(b)  (Reserved).

5Section 3.  This act shall take effect immediately.