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," making extensive amendments and adding
8provisions relating to preliminary provisions,
9administration, criminal history for employees, reporting
10suspected abuse by employees and miscellaneous provisions.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 102 of the act of November 6, 1987
14(P.L.381, No.79), known as the Older Adults Protective Services
15Act, renumbered December 18, 1996 (P.L.1125, No.169), is amended
16to read:

17Section 102. Legislative [policy] intent.

18[It is declared the policy of the Commonwealth of
19Pennsylvania] The General Assembly finds and declares that:

20(1) It is the policy of the Commonwealth that older
21adults who [lack the capacity to protect themselves and are

1at imminent risk] are at risk of abuse, neglect, exploitation
2or abandonment shall have access to and be provided with
3services necessary to protect their health, safety and
4welfare.

5(2) It is not the purpose of this act to place
6restrictions upon the personal liberty of [incapacitated]
7older adults, but this act should be liberally construed to
8assure the availability of protective services to all older
9adults in need of them.

10(3) Such services shall safeguard the rights of
11[incapacitated] older adults while protecting them from
12abuse, neglect, exploitation and abandonment. [It is the
13intent of the General Assembly]

14(4) The General Assembly intends to provide for the
15detection and reduction, correction or elimination of abuse,
16neglect, exploitation and abandonment[,] and to establish a
17program of protective services for older adults in need of
18them.

19(5) It is the policy of the Commonwealth that
20convictions for certain offenses that evidence a reckless
21disregard for the vulnerability of care-dependent populations
22may legitimately warrant a lifetime ban on employment working
23with older adults under this act.

24(6) It is the policy of the Commonwealth that
25convictions for certain offenses involving misappropriation
26or misuse of property or convictions that involve
27inappropriate or irresponsible behavior may legitimately
28warrant a time-limited ban on employment working with older
29adults under this act.

30Section 2. Section 103 of the act, amended December 18, 1996

1(P.L.1125, No.169) and June 9, 1997 (P.L.160, No.13), is amended
2to read:

3Section 103. Definitions.

4The following words and phrases when used in this act shall
5have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Abandonment." The desertion of an older adult by a
8caretaker.

9"Abuse." [The occurrence of one or more of the following
10acts:

11(1) The infliction of injury, unreasonable confinement,
12intimidation or punishment with resulting physical harm, pain
13or mental anguish.

14(2) The willful deprivation by a caretaker of goods or
15services which are necessary to maintain physical or mental
16health.

17(3) Sexual harassment, rape or abuse, as defined in the
18act of October 7, 1976 (P.L.1090, No.218), known as the
19Protection From Abuse Act.

20No older adult shall be found to be abused solely on the grounds
21of environmental factors which are beyond the control of the
22older adult or the caretaker, such as inadequate housing,
23furnishings, income, clothing or medical care.] Intentionally, 
24willfully, knowingly or recklessly causing or attempting to 
25cause:

26(1) Infliction of injury or unreasonable confinement
27resulting in serious physical harm or pain.

28(2) Intimidation or punishment resulting in mental
29anguish.

30(3) Verbal and emotional abuse, including use of

1language with the intent to demean, ridicule, intimidate or
2embarrass that results or could reasonably be expected to
3result in mental anguish.

4(4) The deprivation by a caretaker of goods or services
5which are necessary to maintain physical or mental health.

6(5) Sexual abuse including: rape, involuntary deviate
7sexual intercourse, sexual assault, statutory sexual assault,
8aggravated indecent assault or incest.

9(6) Sexual harassment, including: unwelcome sexual
10advances, requests for sexual favors and other unwelcome
11verbal or physical conduct of a sexual nature.

12"Administrator." The person responsible for the
13[administration] management of a facility. The term includes a
14person responsible for employment decisions or an independent
15contractor responsible for administration of a facility.

16["Agency." The local provider of protective services, which
17is the area agency on aging or the agency designated by the area
18agency on aging to provide protective services in the area
19agency's planning and service area.]

20"Agent." A person authorized to act on behalf of an older
21adult, including a person acting pursuant to a power of
22attorney.

23"Applicant." An individual seeking employment or engagement
24as an employee.

25"Area agency on aging" or "AAA." The single local agency
26designated by the Department of Aging within each planning and
27service area to administer the delivery of protective services.

28"Assessment." The evaluation of an older adult's social,
29physical and psychological well-being, along with a description
30of the older adult's current resources and needs.

1"Care." Services provided to meet [a person's] an older 
2adult's need for personal care or health care[. Services may
3include homemaker services, assistance with activities of daily
4living, physical therapy, occupational therapy, speech therapy,
5medical social services, home-care aide services, companion-care
6services, private duty nursing services, respiratory therapy,
7intravenous therapy, in-home dialysis and durable medical
8equipment services, which are routinely provided unsupervised
9and which require interaction with the care-dependent person.
10The term does not include durable medical equipment delivery]
11which requires interaction with the older adult.

12"Care-dependent individual." An adult who, due to physical
13or cognitive disability or impairment, requires assistance to
14meet needs for food, shelter, clothing, personal care or health
15care.

16"Caretaker." An individual or [institution] entity that has
17assumed the responsibility for the provision of care needed to
18maintain the physical or mental health of an older adult. This
19responsibility may arise voluntarily, by contract, by receipt of
20payment for care, as a result of [family] familial
21relationship[,] or by order of a court of competent
22jurisdiction. It is not the intent of this act to impose
23responsibility on any individual if such responsibility would
24not otherwise exist in law.

25"Case record." The complete record of the information
26received and the actions taken by the area agency on aging on
27each report of need.

28["Client assessment." Social, physical and psychological
29findings along with a description of the person's current
30resources and needs.]

1"Consent." Authorization or approval that, where feasible,
2is obtained in writing.

3["Court." A court of common pleas or a district magistrate
4court, where applicable.]

5"Department." The Department of Aging of the Commonwealth.

6"Employee." An individual who [is employed by a facility.
7The term includes contract employees who have direct contact
8with residents or unsupervised access to their personal living
9quarters. The term includes any person who is employed or who
10enters into a contractual relationship to provide care to a
11care-dependent individual for monetary consideration in the
12individual's place of residence.]:

13(1) Is employed by a facility, or the affiliated
14corporate entity of a facility, or enters into a contractual
15relationship with a facility, or the affiliated corporate
16entity of a facility, to provide care to an older adult.

17(2) Has unsupervised access to another individual, their
18living quarters, resources or personal records.

19"Exploitation." An act or course of conduct by a caretaker
20or other person against an older adult or an older adult's
21resources, without the [informed] consent or authorization of
22the older adult or with consent or authorization obtained
23through misrepresentation, coercion or threats of force, [that
24results] resulting in monetary, personal or other benefit, gain
25or profit for [the perpetrator] that caretaker or person, or
26monetary or personal loss to the older adult[.], including an 
27act or course of conduct by an agent that violates the agent's 
28duties to the older adult.

29"Facility." Any of the following:

30(1) A domiciliary care home as defined in section 2202-A

1of the act of April 9, 1929 (P.L.177, No.175), known as The
2Administrative Code of 1929.

3(2) [A home health care agency.] Any of the following 
4entities as defined in section 802.1 of the act of July 19, 
51979 (P.L.130, No.48), known as the Health Care Facilities 
6Act:

7(i) A home health care agency.

8(ii) A long-term care nursing facility.

9(iii) A hospice.

10(iv) A home care agency.

11(v) A home care registry.

12[(3) A long-term care nursing facility as defined in
13section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
14known as the Health Care Facilities Act.]

15(4) An older adult daily living center as defined in
16section 2 of the act of July 11, 1990 (P.L.499, No.118),
17known as the Older Adult Daily Living Centers Licensing Act.

18(5) A personal care home as defined in section 1001 of
19the act of June 13, 1967 (P.L.31, No.21), known as the Public
20Welfare Code.

21(6) An assisted living residence as defined in section
221001 of the act of June 13, 1967 (P.L.31, No.21), known as
23the Public Welfare Code.

24(7) A LIFE provider as authorized under section 1894 of
25the Social Security Act (49 Stat. 620, 42 U.S.C. § 1395eee)
26and licensed under the act of July 11, 1990 (P.L.499,
27No.118), known as the Older Adult Daily Living Centers
28Licensing Act.

29(8) Any other public or private organization, or entity
30or part of an organization or entity, that uses public funds

1and is paid, in part, to provide care to care-dependent
2individuals.

3The term does not include an entity licensed by the Department
4of Health or the Department of Drug and Alcohol Programs to
5provide drug and alcohol addiction treatment services or an
6entity licensed by the Department of Public Welfare.

7"Financial institution." Any of the following:

8(1)A national banking association.

9(2)A State banking institution.

10(3) Any other state bank that maintains a branch in this
11Commonwealth.

12(4) A credit union that is organized under the laws of
13this Commonwealth or of the United States.

14(5) A savings and loan association that is organized
15under the laws of this Commonwealth or of the United States.

16["Home health care agency." Any of the following:

17(1) A home health care organization or agency licensed
18by the Department of Health.

19(2) A public or private agency or organization, or part
20of an agency or organization, which provides care to a care-
21dependent individual in the individual's place of residence.]

22"Incident reporting system." Home and Community Services
23Information System (HCSIS) or its successor.

24"Intimidation." An act or omission by any person or entity
25toward another person [which is intended to, or with knowledge
26that the act or omission will, obstruct, impede, impair, prevent
27or interfere] that obstructs, impedes, impairs, prevents or 
28interferes with the administration of this act or any other law
29intended to protect older adults from mistreatment.

30"Law enforcement official." Any of the following:

1(1) A police officer of a municipality.

2(1.1) A peace officer, as defined in 18 Pa.C.S. § 501
3(relating to definitions).

4(2) A district attorney.

5(3) The Pennsylvania State Police.

6(4) The Attorney General of the Commonwealth.

7(5) The United States Department of Justice and other
8Federal law enforcement agencies.

9(6) A law enforcement authority in another state.

10"Mandatory reporter." Any of the following:

11(1) Facility employee or administrator.

12(2) Physician or other licensed or certified health care
13professional.

14"Neglect." The failure to provide for oneself or the failure
15of a caretaker to provide goods or services essential to avoid a
16clear and serious threat to physical or mental health. [No older
17adult who does not consent to the provision of protective
18services shall be found to be neglected solely on the grounds of
19environmental factors which are beyond the control of the older
20adult or the caretaker, such as inadequate housing, furnishings,
21income, clothing or medical care.]

22"Older adult." [A person] An individual within the
23jurisdiction of [the] this Commonwealth who is 60 years of age
24or older.

25"Older adult in need of protective services." An
26[incapacitated] older adult who is unable to perform or obtain
27services that are necessary to maintain physical or mental
28health, for whom there is no responsible caretaker and who is at
29imminent risk of danger to his person or property.

30"Protective services." Those activities, resources and

1supports provided to older adults under this act to detect,
2prevent, reduce or eliminate abuse, neglect, exploitation and
3abandonment.

4["Protective setting." A setting chosen by the agency where
5services can be provided in the least restrictive environment to
6protect the physical and mental well-being of the older adult.]

7"Recipient." An individual who receives care, services or
8treatment in or from a facility.

9"Secretary." The Secretary of Aging of the Commonwealth.

10"Serious bodily injury." Injury which creates a substantial
11risk of death or which causes serious permanent disfigurement or
12protracted loss or impairment of the function of a body member
13or organ.

14"Serious financial harm." A financial loss that is likely to
15result in the inability of an older adult to fund basic
16necessities, including, but not limited to, food, shelter,
17utilities, medication, health care and long-term care services
18and supports.

19"Serious physical injury." An injury that:

20(1) causes a person severe pain; or

21(2) significantly impairs a person's physical functioning,
22either temporarily or permanently.

23"Service plan." A written plan [developed]:

24(1) Developed by the [agency] area agency on aging on
25the basis of comprehensive assessment of [a client's need
26which describes identified needs, goals to be achieved and
27specific services to support goal attainment, with regular
28follow-up and predetermined reassessment of client progress.
29Specific services to support goal attainment may include, but
30is not limited to, homemaker services, home-delivered meals,

1attendant care, other in-home services, emergency shelter or
2food, legal aid services, transportation and other such
3services. Service plans are cooperatively developed by the
4agency staff, the client or the client's appointed guardian,
5and other family members when appropriate. The plan shall
6also address, where applicable, special needs of other
7members of the household unit as they may affect the older
8adult's need for protective services.] an older adult that 
9describes identified needs and specific services designed to 
10support goal attainment.

11(2) That includes regular follow-up and predetermined
12reassessment of progress.

13(3) In which the specific services support goal
14attainment and may include, but need not be limited to:

15(i) Homemaker services.

16(ii) Home-delivered meals.

17(iii) Personal care.

18(iv) Other in-home services.

19(v) Emergency shelter or food.

20(vi) Legal aid services.

21(vii) Transportation.

22(viii) Other such services.

23(4) Cooperatively developed by the area agency on aging
24staff, the older adult or his legal representative, and other
25family members, when appropriate.

26(5) That addresses special needs of other members of the
27household unit if they affect the older adult's need for
28protective services.

29"Sexual abuse." Intentionally, knowingly or recklessly
30causing or attempting to cause rape, involuntary deviate sexual

1intercourse, sexual assault, statutory sexual assault,
2aggravated indecent assault, indecent assault or incest.

3"Suspicious death." A death which is unexpected with
4unexplained circumstances or cause.

5Section 3. Section 301 of the act, amended December 18, 1996
6(P.L.1125, No.169), is amended to read:

7Section 301. Duties of department and area agencies on aging.

8(a) Public information and interdepartmental consultation.--
9The department shall conduct an ongoing campaign designed to
10inform and educate older adults, professionals and the general
11public about the need for [an] and the availability of
12protective services under this [chapter] act. The department
13shall consult with other [departments of the Commonwealth] State 
14agencies on the design and implementation of the ongoing public
15awareness campaign. The department shall also consider the
16concerns of area agencies on aging and the entities identified
17by them under subsection (c).

18(b) Staff training.--

19(1) The department shall establish minimum standards of
20training and experience [which] that protective services
21providers funded by the department shall be required to
22follow in the selection and assignment of staff for the
23provision of protective services.

24(2) The department shall establish a training program
25for mandatory reporters about the requirement to report under
26this act.

27(c) Protective services plans.--

28(1) Each area agency on aging shall include a protective
29services plan as part of its annual plan. The plan shall
30describe the local implementation of this [chapter] act,

1including the organization, staffing, mode of operations and
2financing of protective services, as well as the provisions
3made for purchase of services, interagency relations,
4interagency agreements, service referral mechanisms and locus
5of responsibility for cases with multiservice agency needs.

6(2) The [description of] department shall establish the
7methods that will be used by the [agency] AAA, its designees
8and its service providers to assure the privacy of older
9adults receiving services and the confidentiality of all
10records [shall be established by the department]. The
11department shall establish a schedule for the submission and
12approval of the plans.

13(3) The [plan shall include] area agency on aging shall 
14include in the plan, a list of all entities, whether public
15or private, that have been identified by the [area agency on
16aging] AAA as having substantial contact with potential
17victims or alleged perpetrators of abuse, neglect,
18exploitation and abandonment. [This list shall be submitted]
19The area agency on aging shall submit this list to the
20department for purposes of the public information campaign
21under subsection (a).

22Section 4. The act is amended by adding a section to read:

23Section 301.1. Duties of financial institutions.

24A financial institution that has an internal training program
25for its employees shall include information in their training
26curriculum to:

27(1) Assist employees in recognizing signs of potential
28financial abuse of an older adult, including, but not limited
29to, unusual activity in an older adult's deposit accounts,
30automated teller machine withdrawals by an older adult who

1previously never used an automated teller machine or debit
2card and suspicious signatures on checks.

3(2) Inform employees about the applicable provisions of
4this act and specifically, the process that they should use
5if they choose to make an abuse report.

6Section 5. Section 302 of the act, amended June 9, 1997
7(P.L.160, No.13), is amended to read:

8Section 302. Reporting[; protection from retaliation;
9immunity].

10(a) [Reporting] Voluntary reports.--Any person, including an 
11employee of a financial institution, having reasonable cause to
12[believe] suspect that an older adult [is] may be in need of
13protective services may report such information to the [agency
14which is the local provider of protective services. Where
15applicable, reports shall comply with the provisions of Chapter
167] area agency on aging.

17[(b) Receiving reports.--The agency shall be capable of
18receiving reports of older adults in need of protective services
1924 hours a day, seven days a week (including holidays). This
20capability may include the use of a local emergency response
21system or a crisis intervention agency, provided that access can
22be made to a protective services caseworker in appropriate
23emergency situations as set forth in regulations promulgated by
24the department. All reports received orally under this section
25shall be reduced to writing immediately by the person who
26receives the report.

27(c) Retaliatory action; penalty.--Any person making a report
28or cooperating with the agency, including providing testimony in
29any administrative or judicial proceeding, and the victim shall
30be free from any discriminatory, retaliatory or disciplinary

1action by an employer or by any other person or entity. Any
2person who violates this subsection is subject to a civil
3lawsuit by the reporter or the victim wherein the reporter or
4victim shall recover treble compensatory damages, compensatory
5and punitive damages or $5,000, whichever is greater.

6(c.1) Intimidation; penalty.--Any person, including the
7victim, with knowledge sufficient to justify making a report or
8cooperating with the agency, including possibly providing
9testimony in any administrative or judicial proceeding, shall be
10free from any intimidation by an employer or by any other person
11or entity. Any person who violates this subsection is subject to
12civil lawsuit by the person intimidated or the victim wherein
13the person intimidated or the victim shall recover treble
14compensatory damages, compensatory and punitive damages or
15$5,000, whichever is greater.

16(d) Immunity.--Any person participating in the making of a
17report or who provides testimony in any administrative or
18judicial proceeding arising out of a report shall be immune from
19any civil or criminal liability on account of the report or
20testimony unless the person acted in bad faith or with malicious
21purpose. This immunity shall not extend to liability for acts of
22abuse, neglect, exploitation or abandonment, even if such acts
23are the subject of the report or testimony.]

24(e) Mandatory reports.--

25(1) A mandatory reporter, who has reasonable cause to
26suspect that an older adult may be a victim of abuse,
27neglect, exploitation or abandonment shall immediately make
28an oral report to the area agency on aging. If applicable,
29the AAA shall advise the mandatory reporter of additional
30reporting requirements that may pertain under paragraph (2).

1Within 48 hours of making the oral report, the mandatory
2reporter shall make a written report to the AAA.

3(2) A mandatory reporter who has reasonable cause to
4suspect that an older adult may be a victim of suspicious
5death, serious bodily injury, serious physical injury, sexual
6abuse or serious financial harm shall, in addition to any
7duty imposed under paragraph (1), immediately contact law
8enforcement officials and the department to make an oral
9report. Within 48 hours of making the oral report, the
10mandatory reporter shall make a written report to appropriate
11law enforcement officials and to the area agency on aging.
12The AAA shall forward the report to the department within 48
13hours of receipt.

14(3) A written mandatory report under this subsection
15shall be in a manner and on forms prescribed by the
16department. At a minimum, the report shall include the
17following information, as well as any additional information
18required by regulation:

19(i) Name, age, sex and address of the older adult.

20(ii) Name and address of the older adult's legal
21representative or next of kin.

22(iii) Name and address of the facility, if
23applicable.

24(iv) Nature and location of the reported incident
25and any specific comments or observations that are
26directly related to the alleged incident and the older
27adult involved.

28(v) Any relevant information known related to the
29identity of the alleged perpetrator, including, but not
30limited to, name, age, sex, relationship to the older

1adult.

2(vi) Name of the individual making the report,
3contact information for the reporter, and information
4regarding any actions taken by the reporter in response
5to the incident.

6(4) The provisions of this section shall be satisfied
7when the mandatory or voluntary reporter submits a report to
8the Incident Reporting System. Nothing in this subsection
9shall be construed to prohibit a reporter who has reasonable
10cause to suspect that a recipient is a victim of abuse or
11neglect from also making a report to the area agency on
12aging.

13(5) A mandatory reporter shall be trained on the
14requirements to report under this act.

15(f) Coroner.--For a report under subsection (a) or (b) that
16concerns the death of an older adult, if there is reasonable
17cause to suspect that the older adult died as a result of abuse,
18neglect, exploitation or abandonment, the area agency on aging
19shall give the oral report and forward a copy of the written
20report to the appropriate coroner within 24 hours.

21Section 6. Sections 303 and 304 of the act, amended December
2218, 1996 (P.L.1125, No.169), and June 9, 1997 (P.L.160, No.13),
23are repealed:

24[Section 303. Investigations of reports of need for protective
25services.

26(a) Investigation.--It shall be the agency's responsibility
27to provide for an investigation of each report made under
28section 302. The investigation shall be initiated within 72
29hours after the receipt of the report and shall be carried out
30under regulations issued by the department. These regulations

1shall provide for the methods of conducting investigations under
2this section and shall assure that steps are taken to avoid any
3conflict of interest between the investigator and service
4delivery functions. Reports and investigations under this
5section shall comply with Chapter 7, where applicable.

6(b) Investigation involving licensed facilities.--Any report
7concerning older adults residing in a State-licensed facility
8shall be investigated under procedures developed by the
9department in consultation with the State agency licensing such
10facility. If the report concerns a resident of a State-licensed
11facility for whom the area agency on aging provides ombudsman
12services, the ombudsman of the area agency on aging must be
13notified.

14(c) Unsubstantiated reports.--If, after investigation by the
15agency, the report is unsubstantiated, the case shall be closed
16and all information identifying the reporter and the alleged
17abuser shall be immediately deleted from all records. For
18purposes of substantiating a pattern of abuse, neglect,
19exploitation or abandonment, the name of the alleged victim and
20any information describing the alleged act of abuse, neglect,
21exploitation or abandonment may be maintained for a period of
22six months under procedures established by the department.

23(d) Substantiated reports.--If the report is substantiated
24by the agency, or if the client assessment is necessary in order
25to determine whether or not the report is substantiated, the
26agency shall provide for a timely client assessment if the older
27adult consents to an assessment. Upon completion of the
28assessment, written findings shall be prepared which shall
29include recommended action. This service plan shall provide for
30the least restrictive alternative, encouraging client self-

1determination and continuity of care. The service plan shall be
2in writing and shall include a recommended course of action,
3which may include the pursuit of civil or criminal remedies. If
4an older adult found to be in need of protective services does
5not consent to a client assessment or the development of a
6service plan, the agency may apply to the case the provisions of
7section 307.

8Section 304. Provision of services; access to records and
9persons.

10(a) Availability of protective services.--The agency shall
11offer protective services under any of the following conditions:

12(1) An older adult requests such services.

13(2) Another interested person requests such services on
14behalf of an older adult.

15(3) If, after investigation of a report, the agency
16determines the older adult is in need of such services.

17(b) Consent by request.--Except as provided in section 307,
18an individual shall receive protective services voluntarily. In
19no event may protective services be provided under this chapter
20to any person who does not consent to such services or who,
21having consented, withdraws such consent, unless such services
22are ordered by a court, requested by a guardian of the older
23adult or provided under section 307. Nothing in this chapter
24shall prevent the agency from petitioning for the appointment of
25a guardian pursuant to Title 20 of the Pennsylvania Consolidated
26Statutes (relating to decedents, estates and fiduciaries).

27(c) Interference with services.--If any person interferes
28with the provision of services or interferes with the right of
29an older adult to consent to provision of services, the agency
30may petition the court for an order enjoining such interference.

1(d) Access to records.--The agency shall have access to all
2records relevant to:

3(1) Investigations of reports under section 303.

4(2) Assessment of client need.

5(3) Service planning when an older adult's need for
6protective services has been or is being established.

7(4) The delivery of services arranged for under the
8service plan developed by the agency to respond to an older
9adult's assessed need for specific services.

10(e) Access to persons.--The agency shall have access to
11older persons who have been reported to be in need of protective
12services in order to:

13(1) Investigate reports under section 303 and Chapter 7.

14(2) Assess client need and develop a service plan for
15addressing needs determined.

16(3) Provide for the delivery of services by the agency
17or other service provider arranged for under the service plan
18developed by the agency.

19(f) Denial of access to persons.--If the agency is denied
20access to an older adult reported to be in need of protective
21services and access is necessary to complete the investigation
22or the client assessment and service plan, or the delivery of
23needed services in order to prevent further abuse, neglect,
24exploitation or abandonment of the older adult reported to be in
25need of protective services, the agency may petition the court
26for an order to require the appropriate access when either of
27the following conditions apply:

28(1) The caretaker or a third party has interfered with
29the completion of the investigation or the client assessment
30and service plan or the delivery of services.

1(2) The agency can demonstrate that the older adult
2reported to be in need of protective services is denying
3access because of coercion, extortion or justifiable fear of
4future abuse, neglect, or exploitation or abandonment.

5(g) Access by consent.--The agency's access to confidential
6records held by other agencies or individuals and the agency's
7access to an older adult reported to be in need of protective
8services shall require the consent of the older adult or a
9court-appointed guardian except as provided for under this
10section or section 307.

11(h) Denial of access to records.--If the agency is denied
12access to records necessary for the completion of a proper
13investigation of a report or a client assessment and service
14plan, or the delivery of needed services in order to prevent
15further abuse, neglect, exploitation or abandonment of the older
16adult reported to be in need of protective services, the agency
17may petition the court of common pleas for an order requiring
18the appropriate access when either of the following conditions
19apply:

20(1) The older adult has provided written consent for any
21confidential records to be disclosed and the keeper of the
22records denies access.

23(2) The agency can demonstrate that the older adult is
24denying access to records because of incompetence, coercion,
25extortion or justifiable fear of future abuse, neglect,
26exploitation or abandonment.]

27Section 7. The act is amended by adding sections to read:

28Section 304.1. Receipt and investigation of reports.

29(a) Receipt.--The area agency on aging shall be capable of
30receiving reports of older adults in need of protective services

124 hours a day, seven days a week. This capability may include
2the use of a local emergency response system or a crisis
3intervention agency provided that access can be made to a
4protective services caseworker in appropriate emergency
5situations, as set forth in regulations issued by the
6department. All reports received orally shall be documented
7immediately in a manner set forth by the department.

8(b) Investigation.--

9(1) The area agency on aging shall investigate each
10report in accordance with regulations issued by the
11department. The investigation shall be initiated within 72
12hours after the receipt of the report and carried out under
13regulations issued by the department. The regulations shall
14provide for the methods of conducting investigations and
15shall assure that steps are taken to avoid any conflict of
16interest.

17(2) Consent of the older adult is not required in order
18to investigate reports of abuse, neglect, exploitation or
19abandonment.

20(c) Access to older adults.--

21(1) The area agency on aging shall have direct access to
22older adults who have been reported to be in need of
23protective services in order to:

24(i) Investigate reports.

25(ii) Assess needs of the older adult and develop a
26service plan for addressing those needs.

27(iii) Provide for the delivery of services by the
28AAA or other service provider arranged for under the
29service plan.

30(2) If the AAA is denied access to an older adult

1reported to be in need of protective services, the AAA may
2petition the court for an order to require any of the
3following:

4(i) Access to the older adult.

5(ii) A medical evaluation of the older adult.

6(iii) A psychiatric evaluation of the older adult.

7(d) Access to records.--

8(1) The area agency on aging shall have access to all
9records for the purposes of investigating reports.

10(2) The AAA shall, subject to the consent of the older
11adult, have access to all records for the purposes of:

12(i) Assessing an older adult's need for services.

13(ii) Planning and delivery of services.

14(3) Records of State agencies, private organizations,
15financial institutions, medical institutions and
16practitioners, which the AAA reasonably believes to be
17necessary to complete an investigation or assessment and
18service plan, shall be requested in written form and be made
19available to the AAA unless the disclosure would be
20prohibited by any other provision of Federal or State law.

21(4) If the AAA can demonstrate that the older adult has
22denied access to the older adult's records because of
23incapacity, coercion, extortion or justifiable fear, the AAA
24shall have the power to access all records. If the older
25adult denying access to records is competent, the AAA may
26petition the court for an order to require access.

27(5) If any other entity or individual denies access to
28the older adult's records, the AAA may petition the court for
29an order to require access.

30(e) Investigations involving facilities.--

1(1) If the report concerns a facility, the area agency
2on aging shall notify the local ombudsman and the licensing
3agency. Any investigations concerning facilities shall be
4conducted under procedures developed by the department in
5consultation with the State agency with oversight authority
6for such facility.

7(2) The department and any other State agency shall
8share information with one another necessary to ensure the
9health, safety and welfare of the older adult.

10(3) Facilities shall take reasonable steps to protect
11the older adults following receipt of a report of suspected
12abuse, neglect, abandonment or exploitation involving a
13facility employee, including a plan of supervision or
14suspension.

15(f) Investigations involving law enforcement.--

16(1) Law enforcement officials, the area agency on aging
17and mandatory reporters shall coordinate their respective
18investigations and shall advise each other and provide any
19applicable additional information on an ongoing basis.

20(2) Upon receiving a report that falls into any of the
21following categories, the AAA shall immediately notify law
22enforcement:

23(i) Suspicious death.

24(ii) Serious bodily injury.

25(iii) Serious physical injury.

26(iv) Sexual abuse.

27(v) Serious financial harm.

28(3) Following a referral to law enforcement:

29(i) The AAA shall contact law enforcement to obtain
30information about any actions taken and the outcomes,

1including any decisions regarding criminal charges.

2(ii) Law enforcement shall provide this information
3to the extent that it is available.

4(iii) The AAA shall report this information to the
5department in a manner prescribed by the department.

6(g) Unsubstantiated reports.--If, after investigation by the
7area agency on aging, the report is unsubstantiated, the case
8shall be closed. For purposes of substantiating a pattern of
9abuse, neglect, exploitation or abandonment, case records shall
10be maintained for three years.

11(h) Substantiated reports.--

12(1) If, after investigation by the area agency on aging,
13the report is substantiated, the AAA, in conjunction with the
14older adult, shall develop a service plan.

15(2) The service plan shall encourage self-determination
16and continuity of care in the least restrictive setting.

17(3) For purposes of substantiating a pattern of abuse,
18neglect, exploitation or abandonment, case records shall be
19maintained for three years.

20(4) The AAA may pursue civil or criminal remedies.

21(5) An older adult shall not be found to be abused or
22neglected solely on the grounds of environmental factors that
23are beyond the control of the older adult or the caretaker,
24such as inadequate housing, furnishings, income, clothing or
25medical care.

26Section 304.2. Provision of protective services.

27(a) Availability of protective services.--The area agency on
28aging shall offer protective services under any of the following
29conditions:

30(1) An older adult requests protective services.

1(2) Another interested person requests protective
2services on behalf of an older adult.

3(3) After investigation of a report, the AAA determines
4the older adult is in need of protective services.

5(b) Consent by request.--An individual shall receive
6protective services voluntarily, unless protective services are
7ordered by a court of competent jurisdiction or requested by the
8older adult's legal representative.

9(c) Interference with protective services.--If any person
10interferes with the provision of protective services or
11interferes with the right of an older adult to consent to
12provision of protective services, the area agency on aging may
13petition the court for an order enjoining such interference.

14(d) Financial obligations; liabilities and payments.--All
15older adults receiving services and all agencies providing
16services under this act shall comply with the following
17provisions regarding liability for the payment of services:

18(1) Funding to provide or make available protective
19services under this act shall not be used in place of any
20public or private entitlements or benefits for which the
21older adult receiving protective services under this act is
22or may be eligible.

23(2) Funding available to local protective services
24agencies under this act may be used to cover the costs of
25activities, including, but not limited to:

26(i) Administering protective services plans.

27(ii) Receiving and maintaining records of reports of
28abuse, neglect, exploitation and abandonment.

29(iii) Conducting investigations of reported abuse,
30neglect, exploitation and abandonment.

1(iv) Carrying out assessments and developing service
2plans.

3(v) Petitioning the court.

4(vi) Providing for emergency involuntary
5intervention.

6(vii) Arranging for available services needed to
7carry out service plans, which may include arranging for
8services for other persons in order to reduce, correct or
9eliminate abuse, neglect, exploitation or abandonment of
10an older adult.

11(viii) Purchasing, on a temporary basis, protective
12services determined by a service plan to be necessary to
13reduce, correct or eliminate abuse, neglect, exploitation
14or abandonment of an older adult when such protective
15services are not available within the existing resources
16of the AAA or other appropriate provider. Purchase of
17protective services under this subparagraph shall be
18limited to a 30-day period, which period may be renewed
19with adequate justification under regulations issued by
20the department.

21(3) Older adults receiving protective services shall not
22be required to pay a fee for any protective services received
23by other older adults when the receipt of such protective
24services by others is not subject to cost sharing.

25Section 8. Sections 305 and 306 of the act, amended December
2618, 1996 (P.L.1125, No.169), are repealed:

27[Section 305. Immunity from civil and criminal liability.

28In the absence of willful misconduct or gross negligence, the
29agency, the director, employees of the agency, protective
30services workers or employees of the department shall not be

1civilly or criminally liable for any decision or action or
2resulting consequence of decisions or action when acting under
3and according to the provisions of this chapter.

4Section 306. Confidentiality of records.

5(a) General rule.--Information contained in reports, records
6of investigation, client assessment and service plans shall be
7considered confidential and shall be maintained under
8regulations promulgated by the department to safeguard
9confidentiality. Except as provided below, this information
10shall not be disclosed to anyone outside the agency other than
11to a court of competent jurisdiction or pursuant to a court
12order.

13(b) Limited access to the agency's protective services
14records.--

15(1) In the event that an investigation by the agency
16results in a report of criminal conduct, law enforcement
17officials shall have access to all relevant records
18maintained by the agency or the department.

19(2) In arranging specific services to carry out service
20plans, the agency may disclose to appropriate service
21providers such information as may be necessary to initiate
22the delivery of services.

23(3) A subject of a report made under section 302 may
24receive, upon written request, all information contained in
25the report except that prohibited from being disclosed by
26paragraph (4).

27(4) The release of information that would identify the
28person who made a report of suspected abuse, neglect,
29exploitation or abandonment or person who cooperated in a
30subsequent investigation, is hereby prohibited unless the

1secretary can determine that such a release will not be
2detrimental to the safety of such person.

3(5) When the department is involved in the hearing of an
4appeal by a subject of a report made under section 302, the
5appropriate department staff shall have access to all
6information in the report record relevant to the appeal.

7(6) For the purposes of monitoring agency performance,
8appropriate staff of the department may access agency
9protective services records.]

10Section 9. Section 307 of the act, amended December 18, 1996
11(P.L.1125, No.169), is amended to read:

12Section 307. Involuntary intervention by emergency court order.

13(a) Emergency petition.--[Where there was clear and
14convincing evidence that if protective services are not
15provided, the person to be protected is at imminent risk of
16death or serious physical harm, the agency may petition the
17court for an emergency order to provide the necessary services.
18The courts of common pleas of each judicial district shall
19ensure that a judge or district justice is available on a 24-
20hour-a-day, 365-day-a-year basis to accept and decide on
21petitions for an emergency court order under this section
22whenever the agency determines that a delay until normal court
23hours would significantly increase the danger the older adult
24faces.]

25(1) An area agency on aging may petition a court of
26common pleas for an emergency order to provide protective
27services to an older adult who is at imminent risk of death,
28sexual abuse, serious bodily injury, serious physical injury
29or serious financial harm.

30(2) The court of common pleas shall grant the AAA's

1petition if it finds, by a preponderance of the evidence,
2that failure to provide protective services will place the
3older adult at imminent risk of death, sexual abuse, serious
4bodily injury, serious physical injury or serious financial
5harm.

6(3) The courts of common pleas of each judicial district 
7shall ensure that a judge or magisterial district judge is 
8available on a 24-hour-a-day, 365-days-a-year basis to accept 
9and rule on petitions for emergency court orders under this 
10section whenever the AAA determines that a delay until normal 
11court hours may significantly increase danger to the older 
12adult.

13(b) Limited order.--The court, after finding [clear and
14convincing] a preponderance of evidence of the need for an
15emergency order, shall order only such protective services as
16are necessary to remove the conditions creating the established
17need.

18(c) Right to counsel.--In order to protect the rights of an
19older adult for whom protective services are being ordered, an
20emergency court order under this section shall provide that the
21older adult has the right to legal counsel. If the older adult
22is unable to provide for counsel, such counsel shall be
23appointed by the court.

24(d) Forcible entry.--Where it is necessary to forcibly enter
25premises after obtaining a court order, a [peace officer] law 
26enforcement official may do so, accompanied by a representative
27of the [agency] area agency on aging.

28(e) Health and safety requirements.--The [agency] area 
29agency on aging shall take reasonable steps to [assure] ensure
30that while the [person is receiving] older adult receives
 

1protective services under an emergency court order, the health
2and safety needs of any of the [person's] older adult's
3dependents are met and that personal property and the dwelling
4the [person] older adult occupies are secure.

5[(f) Exclusion of remedy.--Nothing in this chapter shall be
6interpreted to deny any older adult access to the emergency
7medical services or police protection that would be provided to
8anyone, regardless of age, in similar circumstances.]

9Section 10. Sections 308, 309, 310 and 311 of the act,
10amended December 18, 1996 (P.L.1125, No.169), are repealed:

11[Section 308. Individual rights.

12(a) Rights of protective services clients.--The agency shall
13observe the following minimum requirements to safeguard the
14rights of an older adult who is reported to be in need of
15protective services:

16(1) The agency shall discreetly notify the older person
17during the investigation that a report has been made and
18shall provide the person with a brief summary of the nature
19of the report.

20(2) As provided under section 306(b)(3), the older adult
21may request, and the agency shall provide, additional
22information contained in the report.

23(3) Any denial of services by the department or an
24authorized agency under this chapter may be appealed
25according to the provisions of the rules and regulations
26issued by the department under Article XXII-A of the act of
27April 9, 1929 (P.L.177, No.175), known as The Administrative
28Code of 1929.

29(4) Nothing in this act shall limit the right of any
30older person to file a petition pursuant to the act of

1October 7, 1976 (P.L.1090, No.218), known as the Protection
2From Abuse Act.

3(b) Rights of alleged abusers.--An individual who is alleged
4in a protective services report to be a perpetrator of the
5abuse, neglect, exploitation or abandonment of an older adult
6shall be entitled to the following if the report is
7substantiated by the agency:

8(1) Such an individual shall be notified by the agency
9at the conclusion of the investigation of the report that
10allegations have been made and shall be given a brief summary
11of the allegations.

12(2) As provided under section 306(b)(3), the alleged
13perpetrator may request, and the agency shall provide,
14additional information contained in the report.

15(3) An alleged perpetrator is entitled to file an appeal
16with the department under 1 Pa. Code Part II (relating to
17general rules of administrative practice and procedure) to
18challenge the agency's finding resulting from the
19investigation of a report made under section 303.

20Section 309. Financial obligations; liabilities and payments.

21All individuals receiving services and all agencies providing
22services under this chapter shall comply with the following
23provisions regarding liability for the payment of services:

24(1) Funding to provide or make available protective
25services under this chapter shall not supplant any public and
26private entitlements or resources for which persons receiving
27protective services under this chapter are or may be
28eligible, and shall not be available until such persons have
29exhausted their eligibility and receipt of benefits under
30said public and private entitlements or resources.

1(2) Funding available to local protective services
2agencies under this chapter may be used to cover the costs of
3activities including, but not limited to, the following:

4(i) Administering protective services plans required
5under section 301(c).

6(ii) Receiving and maintaining records of reports of
7abuse under section 302.

8(iii) Conducting investigations of reported abuse
9under section 303.

10(iv) Carrying out client assessments and developing
11service plans under section 303.

12(v) Petitioning the court under sections 304 and
13307.

14(vi) Providing emergency involuntary intervention
15under section 307.

16(vii) Arranging for available services needed to
17carry out service plans, which may include, as
18appropriate, arranging for services for other household
19members in order to reduce, correct or eliminate abuse,
20neglect, exploitation or abandonment of an older adult.

21(viii) Purchasing, on a temporary basis, services
22determined by a service plan to be necessary to reduce,
23correct or eliminate abuse, neglect, exploitation or
24abandonment of an older adult when such services are not
25available within the existing resources of the agency or
26other appropriate provider. Purchase of services under
27this provision is limited to a 30-day period which may be
28renewed with adequate justification under regulations
29promulgated by the department.

30(3) The obligation of the Commonwealth and the counties

1to provide funds to the department or any agency for services
2provided pursuant to this chapter shall be entirely
3discharged by the appropriations made to the department or an
4agency. Provided that the agency has met its responsibility
5under the law, no action at law or equity shall be instituted
6in any court to require the department, any agency, county or
7the Commonwealth to provide benefits or services under this
8chapter for which appropriations from the Commonwealth or
9counties are not available.

10(4) Protective services clients receiving the same
11services provided to others under an agency service plan
12shall not be required to pay a fee for any services not
13subject to cost sharing for other older adults.

14Section 310. Regulations; enforcement.

15(a) Promulgation of regulations.--The department shall
16promulgate the rules and regulations to carry out this chapter
17and shall be responsible for presenting to the General Assembly
18annually a report on the program and services performed.

19(b) Enforcement.--This chapter shall be enforced only after
20promulgation of regulations by the department, which shall occur
21no later than 12 months following passage of this chapter,
22except that section 301 shall apply when the area agency on
23aging certifies to the department that it is prepared to fulfill
24its responsibilities. The certification shall be made within 90
25days following promulgation of regulations.

26Section 311. Funds for payment of administration of chapter.

27Funds necessary to administer this chapter shall be provided
28by annual appropriation by the General Assembly.]

29Section 11. The act is amended by adding sections to read:

30Section 312. Confidentiality of records.

1(a) General rule.--Information contained in reports, records
2of investigation, assessments and service plans created under
3this act shall be considered confidential and shall be
4maintained under regulations issued by the department. Except as
5provided below, this information shall only be disclosed by area
6agency on aging staff for the purpose of development and
7implementation of protective services. Neither the department
8nor the AAA may release information that could be detrimental to
9an older adult, except that such information shall be released
10to law enforcement under subsection (b)(2). All information
11contained in protective services records is subject to other
12Federal and State confidentiality and security laws.

13(b) Access.--

14(1) Protective services records may be provided to:

15(i) A court of competent jurisdiction or another
16party pursuant to a court order. A subpoena, other than a
17grand jury subpoena, shall not be deemed a court order
18for purposes of this section.

19(ii) Law enforcement officials or the coroner, if
20the information is relevant to their investigation of
21abuse, neglect, exploitation or abandonment of the older
22adult.

23(iii) A practitioner of the healing arts who is
24examining or treating the older adult and who suspects
25that the older adult is in need of protection under this
26act.

27(iv) The director or an individual specifically
28designated in writing by the director of any hospital or
29other medical institution where the older adult is being
30treated, if the director or designee suspects that the

1recipient is in need of protection under this act.

2(2) In arranging specific services to carry out service
3plans, the area agency on aging may disclose to appropriate
4service providers such information as may be necessary to
5initiate delivery of services.

6(3) The older adult who is the subject of a report or
7his guardian may receive, upon written request, all
8information contained in the report of need except
9information that would identify the person who made a report
10of suspected abuse, neglect, exploitation or abandonment or
11persons who cooperated in a subsequent investigation.

12(4) A person who makes a report of suspected abuse,
13neglect, exploitation or abandonment may receive, upon
14written request, confirmation that the report was received
15and the AAA is acting in accordance with this act.

16(5) For the purposes of monitoring agency performance or
17conducting other official duties, appropriate staff of the
18department, as designated by the secretary, may access AAA
19protective services records.

20(6) The department or the AAA may collaborate or share
21information included in protective services records with
22State agencies for purposes of official Commonwealth
23business.

24(7) The department or the AAA may share protective
25services records with another AAA that is performing duties
26under this act that are relevant to older adults within their
27jurisdictions.

28(8) An employee of an agency of another state who
29performs older adult protective services similar to those
30under this Act may access protective services records

1relevant to older adults within their jurisdiction.

2(c) Protecting identify of reporter and cooperating
3witnesses.--

4(1) Except for disclosures to law enforcement officials,
5the release of records that would identify the individual who
6made a report under this act or an individual who cooperated
7in a subsequent investigation is prohibited.

8(2) Where records are provided pursuant to court order,
9the identity of the reporter and cooperating witnesses shall
10be redacted, unless otherwise ordered by the court after an
11in camera review.

12Section 313. Rights of older adults.

13(a) General rule.--An area agency on aging shall discreetly
14notify the older adult during the investigation that a report
15has been made and shall provide the older adult a brief summary
16of the nature of the report.

17(b) Release of information.--As provided in section
18312(b)(3), an older adult who is the subject of a report or his
19guardian, may receive, upon written request, all information
20contained in the report of need except information that would
21identify the person who made a report of suspected abuse,
22neglect, exploitation or abandonment or persons who cooperated
23in a subsequent investigation.

24(c) Appeal.--Any denial of protective services by the
25department or an authorized area agency on aging under this act
26may be appealed according to the provisions of the rules and
27regulations issued by the department under Article XXII-A of the
28act of April 9, 1929 (P.L.177, No.175), known as The
29Administrative Code of 1929.

30Section 12. Section 501 of the act, added December 18, 1996

1(P.L.1125, No.169), is repealed:

2[Section 501. Definitions.

3The following words and phrases when used in this chapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Applicant." An individual who submits an application, which
7is being considered for employment, to a facility.

8"State Police." The Pennsylvania State Police.]

9Section 13. Section 502 of the act, amended October 24, 2012
10(P.L.1412, No.175), is repealed:

11[Section 502. Information relating to prospective facility
12personnel.

13(a) General rule.--A facility shall require all applicants
14to submit with their applications, and shall require all
15administrators and any operators who have or may have direct
16contact with a recipient to submit, the following information
17obtained within the preceding one-year period:

18(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
19history record information), a report of criminal history
20record information from the State Police or a statement from
21the State Police that their central repository contains no
22such information relating to that person. The criminal
23history record information shall be limited to that which is
24disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
25general regulations).

26(2) Where the applicant is not and for the two years
27immediately preceding the date of application has not been a
28resident of this Commonwealth, administration shall require
29the applicant to submit with the application for employment a
30report of Federal criminal history record information

1pursuant to the Federal Bureau of Investigation's
2appropriation under the Departments of State, Justice, and
3Commerce, the Judiciary, and Related Agencies Appropriation
4Act, 1973 (Public Law 92-544, 86 Stat. 1109). The department
5shall be the intermediary for the purposes of this paragraph.
6For the purposes of this paragraph, the applicant shall
7submit a full set of fingerprints in a manner prescribed by 
8the department. The Commonwealth shall submit the 
9fingerprints to the Federal Bureau of Investigation for a
10national criminal history record check. The information
11obtained from the criminal record check shall be used by the
12department to determine the applicant's eligibility. The
13determination shall be submitted to the administrator by the
14applicant prior to commencing employment. The administrator
15shall insure confidentiality of the information. The 
16provisions of 18 Pa.C.S. § 9121(b)(2) shall not apply if the 
17request for a report of Federal criminal history record 
18information is made pursuant to this section.

19(b) (Reserved).]

20Section 14. Section 503 of the act, amended June 9, 1997
21(P.L.160, No.13), is repealed:

22[Section 503. Grounds for denying employment.

23(a) General rule.--In no case shall a facility hire an
24applicant or retain an employee required to submit information
25pursuant to section 502(a) if the applicant's or employee's
26criminal history record information indicates the applicant or
27employee has been convicted of any of the following offenses:

28(1) An offense designated as a felony under the act of
29April 14, 1972 (P.L.233, No.64), known as The Controlled
30Substance, Drug, Device and Cosmetic Act.

1(2) An offense under one or more of the following
2provisions of 18 Pa.C.S. (relating to crimes and offenses):

3Chapter 25 (relating to criminal homicide).

4Section 2702 (relating to aggravated assault).

5Section 2901 (relating to kidnapping).

6Section 2902 (relating to unlawful restraint).

7Section 3121 (relating to rape).

8Section 3122.1 (relating to statutory sexual
9assault).

10Section 3123 (relating to involuntary deviate sexual
11intercourse).

12Section 3124.1 (relating to sexual assault).

13Section 3125 (relating to aggravated indecent
14assault).

15Section 3126 (relating to indecent assault).

16Section 3127 (relating to indecent exposure).

17Section 3301 (relating to arson and related
18offenses).

19Section 3502 (relating to burglary).

20Section 3701 (relating to robbery).

21A felony offense under Chapter 39 (relating to theft
22and related offenses) or two or more misdemeanors under
23Chapter 39.

24Section 4101 (relating to forgery).

25Section 4114 (relating to securing execution of
26documents by deception).

27Section 4302 (relating to incest).

28Section 4303 (relating to concealing death of child).

29Section 4304 (relating to endangering welfare of
30children).

1Section 4305 (relating to dealing in infant
2children).

3Section 4952 (relating to intimidation of witnesses
4or victims).

5Section 4953 (relating to retaliation against witness
6or victim).

7A felony offense under section 5902(b) (relating to
8prostitution and related offenses).

9Section 5903(c) or (d) (relating to obscene and other
10sexual materials and performances).

11Section 6301 (relating to corruption of minors).

12Section 6312 (relating to sexual abuse of children).

13(3) A Federal or out-of-State offense similar in nature
14to those crimes listed in paragraphs (1) and (2).

15(c) Immunity.--An administrator or a facility shall not be
16held civilly liable for any action directly related to good
17faith compliance with this section.]

18Section 15. The act is amended by adding a section to read:

19Section 503.1. Criminal history.

20(a) General rule.--Prior to hiring or engaging an applicant,
21a facility shall require the applicant to submit to the facility
22the following information obtained within the preceding one-year
23period:

24(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
25history record information), a report of criminal history
26record information from the Pennsylvania State Police or a
27statement from the Pennsylvania State Police that their
28central repository contains no such information relating to
29the applicant. The provisions of 18 Pa.C.S. § 9121(b)(2)
30(relating to general regulations) shall not apply to criminal

1history information or other criminal history record
2information requested or received under this section.

3(2) Federal criminal history record information pursuant
4to the Federal Bureau of Investigation's appropriation under
5the Departments of State, Justice, and Commerce, the
6Judiciary, and Related Agencies Appropriation Act, 1973
7(Public Law 92-544, 86 Stat. 1109), subject to the following:

8(i) The department shall be the intermediary for the
9purposes of this paragraph. The applicant shall submit a
10full set of fingerprints to the Federal Bureau of
11Investigation in a manner designated by the department.
12The provisions of 18 Pa.C.S. § 9121(b)(2) shall not apply
13to criminal history information or other criminal history
14record information requested or received under this
15section.

16(ii) Criminal history information shall be used by
17the department to determine the applicant's eligibility
18for employment with a facility. The employment
19determination shall be provided to the facility and the
20applicant prior to commencement of employment. The
21facility shall ensure confidentiality of the information.

22(3) The department may require the applicant to submit
23additional information from a court or other authority within
24the time frame designated by the department. Failure to
25provide the requested information within the time frame
26designated by the department may result in employment
27ineligibility.

28(b) Prohibited offenses.--The following offenses and Federal
29or out-of-State offenses similar in nature shall be prohibited,
30as follows:

1(1) Lifetime ban. A facility may not hire or engage an
2applicant required to submit information pursuant to this act
3if the applicant's criminal history record information
4indicates the applicant has been convicted of an offense or
5attempt, solicitation or conspiracy to commit an offense
6under one of the following provisions of 18 Pa.C.S. (relating
7to crimes and offenses):

8Chapter 25 (relating to criminal homicide).

9Chapter 26 (relating to crimes against unborn child).

10Section 2702 (relating to aggravated assault).

11Section 2713 (relating to neglect of care-dependent
12person).

13Section 2715 (relating to threat to use weapons of
14mass destruction).

15Section 2716 (relating to weapons of mass
16destruction).

17Section 2717 (relating to terrorism).

18Section 2901 (relating to kidnapping).

19Section 3121 (relating to rape).

20Section 3122.1 (relating to statutory sexual
21assault).

22Section 3123 (relating to involuntary deviate sexual
23intercourse).

24Section 3124.1 (relating to sexual assault).

25Section 3125 (relating to aggravated indecent
26assault).

27Section 3126 (relating to indecent assault).

28Section 3212 (relating to infanticide).

29Section 4302 (relating to incest).

30Section 4303 (relating to concealing death of child).

1Section 4304 (relating to endangering welfare of
2children).

3Section 4305 (relating to dealing in infant
4children).

5Section 5510 (relating to abuse of corpse).

6Section 6312 (relating to sexual abuse of children).

7(2) Ten-year ban. A facility shall not hire or engage an
8applicant required to submit criminal history information
9pursuant to this act for a period of ten years from the date
10of conviction, if the applicant's criminal history record
11information indicates that the applicant has been convicted
12of:

13(i) Any of the following provisions of 18 Pa.C.S.:

14Section 2705 (relating to recklessly endangering
15another person) two or more misdemeanors.

16Section 2902 (relating to unlawful restraint).

17Section 3127 (relating to indecent exposure).

18Section 3301 (relating to arson and related
19offenses).

20Section 3502 (relating to burglary).

21Section 3701 (relating to robbery).

22A felony offense under Chapter 39 (relating to theft
23and related offenses).

24Two or more misdemeanors under Chapter 39.

25Section 4101 (relating to forgery).

26Section 4106 (relating to access device fraud).

27Section 4114 (relating to securing execution of
28documents by deception).

29Section 4120 (relating to identity theft).

30Section 4952 (relating to intimidation of witnesses

1or victims).

2Section 4953 (relating to retaliation against
3witness, victim or party).

4A felony offense under section 5902(b) (relating to
5prostitution and related offenses).

6Section 5903(c) or (d) (relating to obscene and other
7sexual materials and performances).

8Section 6301 (relating to corruption of minors).

9(ii) Any of the following provisions of 75 Pa.C.S.
10(relating to vehicles):

11Section 3735 (relating to homicide by vehicle while
12driving under influence).

13Section 3735.1 (relating to aggravated assault by
14vehicle while driving under the influence).

15Section 3742 (relating to accidents involving death
16or personal injury).

17Section 3802 (relating to driving under influence of
18alcohol or controlled substance) graded as a misdemeanor
19of the second degree or higher.

20(iii) An offense designated as a felony under the
21act of April 14, 1972 (P.L.233, No.64), known as The
22Controlled Substance, Drug, Device and Cosmetic Act.

23(3) A facility may hire an applicant subject to a ten-
24year ban under paragraph (2) prior to the expiration of the
25ban period, provided the applicant demonstrates a minimum
26five-year aggregate work history in care-dependent services,
27without disciplinary action or criminal conviction, from the
28date of conviction. Care-dependent services include health
29care, child care, mental health care, care of older adults or
30of persons with intellectual disabilities or physical

1disabilities.

2(c) Right to appeal.--An applicant or employee may challenge
3the decision of the department involving the Federal criminal
4history record by filing an appeal with the department in
5accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
6and procedure of Commonwealth agencies).

7(d) Employee disclosure.--

8(1) The department shall develop a standardized form to
9be used by facilities for the written reporting by employees
10and administrators of any conviction for an offense
11enumerated under subsection (b). The form shall be published
12on the department's publicly accessible Internet website and
13in the Pennsylvania Bulletin.

14(2) Facilities required to use the form under paragraph
15(1) shall comply with the following:

16(i) The form shall contain a list of the prohibited
17offenses under subsection (b) and a space for the
18employee to indicate any convictions. Employees and
19administrators who have not been convicted of any
20enumerated offense shall respond "no conviction."

21(ii) Employees and administrators shall be informed
22that failure to accurately report any conviction for an
23offense enumerated under subsection (b) shall subject the
24employee to criminal prosecution under 18 Pa.C.S. § 4904
25(relating to unsworn falsification to authorities).

26(3) Facilities shall require employees and
27administrators to complete and submit the form on an annual
28basis. Employees and administrators shall advise their
29employers with written notice utilizing the form not later
30than 72 hours after a conviction.

1(4) If an employee or administrator refuses to submit
2the form, the facility shall immediately require the employee
3to submit a current report of criminal history record
4information as required under subsection (a).

5(e) Penalties.--

6(1) An employee or administrator who discloses a
7conviction for an offense enumerated under subsection (b)
8shall be subject to termination.

9(2) An employee or administrator who willfully fails to
10disclose a conviction for an offense enumerated under
11subsection (b) shall be subject to termination and may be
12subject to criminal prosecution under 18 Pa.C.S. § 4904.

13(f) Provisional employees for limited periods.--

14(1) Facilities may employ applicants on a provisional
15basis for a single period not to exceed 30 days, if all of
16the following conditions are met:

17(i) The applicant has applied for a criminal history
18report required under subsection (a)(1) and (2) and
19provided the facility with a copy of the completed
20request forms.

21(ii) The facility has no knowledge about the
22applicant that would disqualify the applicant from
23employment under 18 Pa.C.S. § 4911 (relating to tampering
24with public records or information).

25(iii) The applicant swears or affirms in writing
26that the applicant is not disqualified from employment
27under this act.

28(2) If the information obtained from the criminal
29history report reveals that the applicant is disqualified
30from employment, the applicant shall be dismissed

1immediately.

2(3) The department shall develop guidelines regarding
3the supervision of applicants. Supervision shall include
4random direct supervision by an employee who has been
5employed by the facility for a period of at least one year.

6Section 16. Sections 504, 505, 506 and 507 of the act,
7amended December 18, 1996 (P.L.1125, No.169), are repealed:

8[Section 504. Regulations.

9The department, in consultation with the Department of Health
10and the Department of Public Welfare, shall promulgate the
11regulations necessary to carry out this chapter.

12Section 505. Violations.

13(a) Administrative.--

14(1) An administrator who intentionally or willfully
15fails to comply or obstructs compliance with the provisions
16of this chapter commits a violation of this chapter and shall
17be subject to an administrative penalty under paragraph (3).

18(2) A facility owner that intentionally or willfully
19fails to comply with or obstructs compliance with this
20chapter commits a violation of this chapter and shall be
21subject to an administrative penalty under paragraph (3).

22(3) The Commonwealth agency or Commonwealth agencies
23which license the facility have jurisdiction to determine
24violations of this chapter and may issue an order assessing a
25civil penalty of not more than $2,500. An order under this
26paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
27practice and procedure of Commonwealth agencies) and Ch. 7
28Subch. A (relating to judicial review of Commonwealth agency
29action).

30(b) Criminal.--

1(1) An administrator who intentionally or willfully
2fails to comply or obstructs compliance with this chapter
3commits a misdemeanor of the third degree and shall, upon
4conviction, be sentenced to pay a fine of $2,500 or to
5imprisonment for not more than one year, or both.

6(2) A facility owner that intentionally or willfully
7fails to comply with or obstructs compliance with this
8chapter commits a misdemeanor of the third degree and shall,
9upon conviction, be sentenced to pay a fine of $2,500 or to
10imprisonment for not more than one year, or both.

11Section 506. Provisional employees for limited periods.

12Notwithstanding section 502, administrators may employ
13applicants on a provisional basis for a single period not to
14exceed 30 days or, for applicants under section 502(a)(2), a
15period of 90 days, if all of the following conditions are met:

16(1) The applicant has applied for the information
17required under section 502 and the applicant provides a copy
18of the appropriate completed request forms to the
19administrator.

20(2) The administrator has no knowledge of information
21pertaining to the applicant which would disqualify him from
22employment pursuant to section 503, subject to 18 Pa.C.S. §
234911 (relating to tampering with public records or
24information).

25(3) The applicant swears or affirms in writing that he
26is not disqualified from employment under section 503.

27(4) If the information obtained under section 502
28reveals that the applicant is disqualified from employment
29under section 503, the applicant shall be immediately
30dismissed by the administrator.

1(5) The department shall develop guidelines regarding
2the supervision of applicants. For a home health care agency,
3supervision shall include random direct supervision by an
4employee who has been employed by the facility for a period
5of one year.

6Section 507. State Police.

7No later than one year following the effective date of this
8chapter, the State Police and the department shall report to the
9Aging and Youth Committee of the Senate and the Aging and Youth
10Committee of the House of Representatives with their findings
11and recommendations regarding the implementation of this
12chapter.]

13Section 17. Sections 508, 702, 703, 704, 705 and 706 of the
14act, amended or added June 9, 1997 (P.L.160, No.13), are
15repealed:

16[Section 508. Applicability.

17This chapter shall apply as follows:

18(1) An individual who, on the effective date of this
19chapter, has continuously for a period of one year been an
20employee of the same facility shall be exempt from section
21502 as a condition of continued employment.

22(2) If an employee is not exempt under paragraph (1),
23the employee and the facility shall comply with section 502
24within one year of the effective date of this chapter.

25(3) If an employee who is exempt under paragraph (1)
26seeks employment with a different facility, the employee and
27the facility shall comply with section 502.

28(4) An employee who has obtained the information
29required under section 502 may transfer to another facility
30established and supervised by the same owner and is not

1required to obtain additional reports before making the
2transfer.

3Section 702. Reports to department and coroner.

4(a) Department.--

5(1) Within 48 hours of receipt of a written report under
6section 701(a) involving sexual abuse, serious physical
7injury, serious bodily injury or suspicious death, the agency
8shall transmit a written report to the department.
9Supplemental reports shall be transmitted as they are
10obtained by the agency.

11(2) A report under this subsection shall be made in a
12manner and on forms prescribed by the department. The report
13shall include, at a minimum, the following information:

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

15(ii) Where the suspected abuse occurred.

16(iii) The age and sex of the alleged perpetrator and
17victim.

18(iv) The nature and extent of the suspected abuse,
19including any evidence of prior abuse.

20(v) The name and relationship of the individual
21responsible for causing the alleged abuse to the victim,
22if known, and any evidence of prior abuse by that
23individual.

24(vi) The source of the report.

25(vii) The individual making the report and where
26that individual can be reached.

27(viii) The actions taken by the reporting source,
28including taking of photographs and x-rays, removal of
29recipient and notification under subsection (b).

30(ix) Any other information which the department may

1require by regulation.

2(b) Coroner.--For a report under section 701(a) which
3concerns the death of a recipient, if there is reasonable cause
4to suspect that the recipient died as a result of abuse, the
5agency shall give the oral report and forward a copy of the
6written report to the appropriate coroner within 24 hours.

7Section 703. Investigation.

8(a) Law enforcement officials.--Upon receipt of a report
9under section 701(b), law enforcement officials shall conduct an
10investigation to determine what criminal charges, if any, will
11be filed.

12(b) Notification.--If law enforcement officials have
13reasonable cause to suspect that a recipient has suffered sexual
14abuse, serious physical injury, serious bodily injury or a
15suspicious death, law enforcement officials shall notify the
16agency.

17(c) Cooperation.--To the fullest extent possible, law
18enforcement officials, the facility and the agency shall
19coordinate their respective investigations. Law enforcement
20officials, the facility and the agency shall advise each other
21and provide any applicable additional information on an ongoing
22basis.

23(d) Further notification.--Law enforcement officials shall
24notify the agency and the facility of a decision regarding
25criminal charges. The agency and the department shall keep a
26record of any decision regarding criminal charges.

27(e) Compliance with Chapter 3.--In addition to the
28provisions of this section, the agency shall comply with Chapter
293.

30Section 704. Restrictions on employees.

1(a) Plan of supervision.--Upon notification that an employee
2is alleged to have committed abuse, the facility shall
3immediately implement a plan of supervision or, where
4appropriate, suspension of the employee, subject to approval by
5the agency and by the Commonwealth agency with regulatory
6authority over the facility. A plan of supervision for a home
7health care agency must include periodic random direct
8inspections of care-dependent individuals by a facility employee
9who has been continuously employed by that facility for a period
10of at least one year.

11(b) Prohibition.--Upon the filing of criminal charges
12against an employee, the Commonwealth agency which licenses the
13facility shall order the facility to immediately prohibit that
14employee from having access to recipients at the facility. If
15that employee is a director, operator, administrator or
16supervisor, that employee shall be subject to restrictions
17deemed appropriate by the Commonwealth agency which licenses the
18facility to assure the safety of recipients of the facility.

19Section 705. Confidentiality of and access to confidential
20reports.

21(a) General rule.--Except as provided in subsection (b), a
22report under this chapter shall be confidential.

23(b) Exceptions.--A report under this chapter shall be made
24available to all of the following:

25(1) An employee of the department or of an agency in the
26course of official duties in connection with responsibilities
27under this chapter.

28(2) An employee of the Department of Health or the
29Department of Public Welfare in the course of official
30duties.

1(3) An employee of an agency of another state which
2performs protective services similar to those under this
3chapter.

4(4) A practitioner of the healing arts who is examining
5or treating a recipient and who suspects that the recipient
6is in need of protection under this chapter.

7(5) The director, or an individual specifically
8designated in writing by the director, of any hospital or
9other medical institution where a victim is being treated if
10the director or designee suspects that the recipient is in
11need of protection under this chapter.

12(6) A guardian of the recipient.

13(7) A court of competent jurisdiction pursuant to a
14court order.

15(8) The Attorney General.

16(9) Law enforcement officials of any jurisdiction as
17long as the information is relevant in the course of
18investigating cases of abuse.

19(10) A mandated reporter under Chapter 3 who made a
20report of suspected abuse. Information released under this
21paragraph shall be limited to the following:

22(i) The final status of the report following the
23investigation.

24(ii) Services provided or to be provided by the
25agency.

26(c) Excision of certain names.--The name of the person
27suspected of committing the abuse shall be excised from a report
28made available under subsection (b)(4), (5) and (10).

29(d) Release of information to alleged perpetrator and
30victim.--Upon written request, an alleged perpetrator and victim

1may receive a copy of all information except that prohibited
2from being disclosed by subsection (e).

3(e) Protecting identity of person making report.--Except for
4reports to law enforcement officials, the release of data that
5would identify the individual who made a report under this
6chapter or an individual who cooperated in a subsequent
7investigation is prohibited. Law enforcement officials shall
8treat all reporting sources as confidential information.

9Section 706. Penalties.

10(a) Administrative.--

11(1) An administrator who intentionally or willfully
12fails to comply or obstructs compliance with the provisions
13of this chapter or who intimidates or commits a retaliatory
14act against an employee who complies in good faith with the
15provisions of this chapter commits a violation of this
16chapter and shall be subject to an administrative penalty
17under paragraph (3).

18(2) A facility owner that intentionally or willfully
19fails to comply with or obstructs compliance with this
20chapter or that intimidates or commits a retaliatory act
21against an employee who complies in good faith with this
22chapter commits a violation of this chapter and shall be
23subject to an administrative penalty under paragraph (3).

24(3) The Commonwealth agency or Commonwealth agencies
25which regulate the facility have jurisdiction to determine
26violations of this chapter and may issue an order assessing a
27civil penalty of not more than $2,500. An order under this
28paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
29practice and procedure of Commonwealth agencies) and Ch. 7
30Subch. A (relating to judicial review of Commonwealth agency

1action).

2(b) Criminal.--

3(1) An administrator who intentionally or willfully
4fails to comply or obstructs compliance with this chapter
5commits a misdemeanor of the third degree and shall, upon
6conviction, be sentenced to pay a fine of $2,500 or to
7imprisonment for not more than one year, or both.

8(2) A facility owner that intentionally or willfully
9fails to comply with or obstructs compliance with this
10chapter commits a misdemeanor of the third degree and shall,
11upon conviction, be sentenced to pay a fine of $2,500 or to
12imprisonment for not more than one year, or both.

13(c) Penalties for failure to report.--A person required
14under this chapter to report a case of suspected abuse who
15willfully fails to do so commits a summary offense for the first
16violation and a misdemeanor of the third degree for a second or
17subsequent violation.]

18Section 18. The act is amended by adding a section to read:

19Section 706.1. Penalties.

20(a) Civil penalties.--

21(1) A mandatory reporter who fails to comply or
22obstructs compliance with the provisions of this act or who
23intimidates or commits a retaliatory act against an
24individual who complies in good faith with the provisions of
25this act, commits a violation of this act and shall be
26subject to an administrative penalty. The department shall
27determine violations of this act and may issue an order
28assessing a civil penalty of not more than $5,000. An order
29under this paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A
30(relating to practice and procedure of Commonwealth agencies)

1and Ch. 7 Subch. A (relating to judicial review of
2Commonwealth agency action).

3(2) The Commonwealth agency or agencies which license a
4facility shall determine violations of section 503.1 related
5to criminal history background checks and may issue an order
6assessing a civil penalty not to exceed $5,000.

7(b) Damages for retaliatory action.--

8(1) The older adult or any person making a report or
9cooperating with an area agency on aging, including providing
10testimony in any administrative or judicial proceeding, shall
11be free from any discriminatory, retaliatory or disciplinary
12action by an employer or by any other person or entity.

13(2) Any person who violates this subsection is subject
14to a civil lawsuit by the reporter or the older adult wherein
15the reporter or older adult shall recover treble compensatory
16damages, compensatory and punitive damages or $5,000,
17whichever is greater.

18(c) Damages for intimidation.--

19(1) Any person, including an older adult, with knowledge
20sufficient to justify making a report or cooperating with an
21area agency on aging, including possibly providing testimony
22in any administrative or judicial proceeding, shall be free
23from any intimidation by an employer or by any other person
24or entity.

25(2) Any person who violates this subsection is subject
26to a civil lawsuit by the person intimidated or the older
27adult wherein the person intimidated or the older adult shall
28recover treble compensatory damages, compensatory and
29punitive damages or $5,000, whichever is greater.

30(d) Criminal penalties.--

1(1) A mandatory reporter under this act who
2intentionally fails to report suspected abuse, neglect,
3exploitation or abandonment commits a summary offense for the
4first violation and a misdemeanor of the second degree for a
5second or subsequent violation and shall, upon conviction, be
6sentenced to pay a fine of $5,000, or imprisonment for not
7more than one year, or both.

8(2) It shall be unlawful for a person to knowingly or
9intentionally make or cause to be made a false statement or
10representation of a material fact in a report of need, in
11accordance with 18 Pa.C.S. § 4904 (relating to unsworn
12falsification to authorities). A person who makes a false
13statement is guilty of a misdemeanor of the second degree for
14each violation with a maximum penalty of $10,000 and five
15years' imprisonment.

16(e) Immunity.--

17(1) Any person participating in the making of a report
18or who provides testimony in any administrative or judicial
19proceeding in any court of this Commonwealth, arising out of
20a report, shall be immune from any civil or criminal
21liability on account of the report or testimony related to
22good faith compliance with this act.

23(2) This immunity shall not extend to liability for acts
24of abuse, neglect, exploitation or abandonment, even if such
25acts are the subject of the report or testimony.

26(3) Any company, institution and all affiliated entities
27that employ a person required or permitted to make a report
28under this act shall not be held civilly liable for any
29action directly related to good faith compliance with this
30act.

1(f) Funds.--Funds collected under this act by the department
2shall be dedicated for department programs to investigate and
3prevent the abuse, neglect, exploitation and abandonment of
4older adults.

5Section 19. Section 707 of the act, added June 9, 1997
6(P.L.160, No.13), is amended to read:

7[Section 707. Immunity.

8An administrator or a facility shall not be held civilly
9liable for any action directly related to good faith compliance
10with this chapter.]

11Section 20. The act is amended by adding sections to read:

12Section 707.1. Immunity from civil and criminal liability.

13In the absence of willful misconduct or gross negligence, an
14area agency on aging, the director, employees of an area agency
15on aging, protective services workers or employees of the
16department shall not be civilly or criminally liable for any
17decision or action or resulting consequence of decisions or
18action, when acting under and according to the provisions of
19this act.

20Section 707.2. Funding.

21Funds necessary to administer this act shall be provided by
22annual appropriation by the General Assembly.

23Section 21. Section 708 of the act, added June 9, 1997
24(P.L.160, No.13), is amended to read:

25Section 708. Regulations[.] and annual report.

26(a) General rule.--The Department of Aging, the Department
27of Health and the Department of Public Welfare shall promulgate
28the regulations necessary to carry out this [chapter.] act.

29(b) Duty to report.--The department shall present to the
30General Assembly annually a report on the program and services

1performed.

2Section 22. This act shall take effect as follows:

3(1) The addition of section 301.1 of the act shall take
4effect in one year.

5(2) This section shall take effect immediately.

6(3) The remainder of this act shall take effect in 180
7days.