THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY K. SMITH, BELFANTI, CARROLL, CONKLIN, DONATUCCI, FRANKEL, GEORGE, GIBBONS, GOODMAN, GROVE, GRUCELA, HARKINS, HARPER, HESS, KOTIK, KULA, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, MELIO, MOUL, MURPHY, M. O'BRIEN, PASHINSKI, PEIFER, READSHAW, REICHLEY, ROAE, SIPTROTH, SOLOBAY, STABACK, VULAKOVICH, WATSON AND MUNDY, JANUARY 26, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JANUARY 26, 2009  

AN ACT

Amending the act of November 6, 1987 (P.L.381, No.79), entitled

"An act relating to the protection of the abused, neglected,

exploited or abandoned elderly; establishing a uniform

Statewide reporting and investigative system for suspected

abuse, neglect, exploitation or abandonment of the elderly;

providing protective services; providing for funding; and

making repeals," further defining "facility"; and further

providing for reporting by employees, for reports to

department and coroner and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "facility" in section 103 of

the act of November 6, 1987 (P.L.381, No.79), known as the Older

Adults Protective Services Act, amended December 18, 1996 (P.L.

1125, No.169), is amended to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Facility."  Any of the following:

(1)  A domiciliary care home as defined in section 2202-A

of the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

(2)  A home health care agency.

(3)  A long-term care nursing 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.

(4)  An older adult daily living center as defined in

section 2 of the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act.

(5)  A personal care home as defined in section 1001 of

the act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare Code.

(6)  An assisted living residence as defined in section

1001 of the act of June 13, 1967 (P.L.31, No.21), known as

the Public Welfare Code.

* * *

Section 2.  Chapter 7 heading and sections 701, 702 and 706

of the act, added June 9, 1997 (P.L.160, No.13), are amended to

read:

CHAPTER 7

REPORTING SUSPECTED ABUSE AND NEGLECT BY EMPLOYEES

Section 701.  Reporting by employees.

(a)  Mandatory reporting to agency.--

(1)  An employee or an administrator who has reasonable

cause to suspect that a recipient is a victim of abuse or

neglect shall immediately make an oral report to the agency.

Reports of neglect shall include only those instances in

which neglect rises to the level where serious physical

injury or the threat to life and safety will result. If

applicable, the agency shall advise the employee or

administrator of additional reporting requirements that may

pertain under subsection (b). An employee shall notify the

administrator immediately following the report to the agency.

(2)  Within 48 hours of making the oral report, the

employee or administrator shall make a written report to the

agency. The agency shall notify the administrator that a

report of abuse or neglect has been made with the agency.

(3)  The employee may request the administrator to make

or to assist the employee to make the oral and written

reports required by this subsection.

(b)  Mandatory reports to law enforcement officials.--

(1)  An employee or an administrator who has reasonable

cause to suspect that a recipient is the victim of sexual

abuse, serious physical injury or serious bodily injury or

that a death is suspicious shall, in addition to contacting

the agency and the department, immediately contact law

enforcement officials to make an oral report. An employee

shall notify the administrator immediately following the

report to law enforcement officials.

(2)  Within 48 hours of making the oral report, the

employee and an administrator shall make a written report to

appropriate law enforcement officials.

(3)  The law enforcement officials shall notify the

administrator that a report has been made with the law

enforcement officials.

(4)  The employee may request the administrator to make

or to assist the employee to make the oral and written

reports to law enforcement required by this subsection.

(c)  Contents of report.--A written report under this section

shall be in a manner and on forms prescribed by the department.

The report shall include, at a minimum, the following

information:

(1)  Name, age and address of the recipient.

(2)  Name and address of the recipient's guardian or next

of kin.

(3)  Name and address of the facility.

(4)  Nature of the alleged offense.

(5)  Any specific comments or observations that are

directly related to the alleged incident and the individual

involved.

Section 702.  Reports to department and coroner.

(a)  Department.--

(1)  Within 48 hours of receipt of a written report under

section 701(a) involving sexual abuse, serious physical

injury, serious bodily injury or suspicious death, the agency

shall transmit a written report to the department.

Supplemental reports shall be transmitted as they are

obtained by the agency.

(2)  A report under this subsection shall be made in a

manner and on forms prescribed by the department. The report

shall include, at a minimum, the following information:

(i)  The name and address of the alleged victim.

(ii)  Where the suspected abuse occurred.

(iii)  The age and sex of the alleged perpetrator and

victim.

(iv)  The nature and extent of the suspected abuse or

neglect, including any evidence of prior abuse or

neglect.

(v)  The name and relationship of the individual

responsible for causing the alleged abuse or neglect to

the victim, if known, and any evidence of prior abuse or

neglect by that individual.

(vi)  The source of the report.

(vii)  The individual making the report and where

that individual can be reached.

(viii)  The actions taken by the reporting source,

including taking of photographs and x-rays, removal of

recipient and notification under subsection (b).

(ix)  Any other information which the department may

require by regulation.

(b)  Coroner.--For a report under section 701(a) which

concerns the death of a recipient, if there is reasonable cause

to suspect that the recipient died as a result of abuse or

neglect, the agency shall give the oral report and forward a

copy of the written report to the appropriate coroner within 24

hours.

Section 706.  Penalties.

(a)  Administrative.--

(1)  An administrator who intentionally or willfully

fails to comply or obstructs compliance with the provisions

of this chapter or who intimidates or commits a retaliatory

act against an employee who complies in good faith with the

provisions of this chapter commits a violation of this

chapter and shall be subject to an administrative penalty

under paragraph (3).

(2)  A facility owner that intentionally or willfully

fails to comply with or obstructs compliance with this

chapter or that intimidates or commits a retaliatory act

against an employee who complies in good faith with this

chapter commits a violation of this chapter and shall be

subject to an administrative penalty under paragraph (3).

(3)  The Commonwealth agency or Commonwealth agencies

which regulate the facility have jurisdiction to determine

violations of this chapter and may issue an order assessing a

civil penalty of not more than $2,500. An order under this

paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to

practice and procedure of Commonwealth agencies) and Ch. 7

Subch. A (relating to judicial review of Commonwealth agency

action).

(b)  Criminal.--

(1)  An administrator who intentionally or willfully

fails to comply or obstructs compliance with this chapter

commits a misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay a fine of $2,500 or to

imprisonment for not more than one year, or both.

(2)  A facility owner that intentionally or willfully

fails to comply with or obstructs compliance with this

chapter commits a misdemeanor of the third degree and shall,

upon conviction, be sentenced to pay a fine of $2,500 or to

imprisonment for not more than one year, or both.

(c)  Penalties for failure to report.--A person required

under this chapter to report a case of suspected abuse or

neglect who willfully fails to do so commits a summary offense

for the first violation and a misdemeanor of the third degree

for a second or subsequent violation.

Section 3.  This act shall take effect in 60 days.