PRINTER'S NO. 2890
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2425
Session of
2022
INTRODUCED BY FLOOD, M. MACKENZIE, HENNESSEY, RYAN, DRISCOLL,
McNEILL, GLEIM, MIZGORSKI, HILL-EVANS, BERNSTINE, NEILSON,
PARKER, CIRESI AND DAY, MARCH 29, 2022
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MARCH 29, 2022
AN ACT
Providing for communication duties between the Department of
Health and the Department of Human Services with local area
agencies on aging and the Department of Aging relating to
older adult abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Communication
of Older Adult Abuse Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abuse." The occurrence of one or more of the following acts
committed against an older adult:
(1) The infliction of injury, unreasonable confinement,
intimidation or punishment resulting in physical harm, pain
or mental anguish.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(2) The willful deprivation by a caretaker of goods or
services that are necessary to maintain physical or mental
health.
(3) Sexual abuse, including any of the following acts:
(i) Rape.
(ii) Involuntary deviate sexual intercourse.
(iii) Sexual assault.
(iv) Aggravated indecent assault.
(v) Indecent assault.
(vi) Incest.
(4) Sexual harassment, including any of the following
acts:
(i) Unwelcome sexual advances.
(ii) Requests for sexual favors.
(iii) Other unwelcome verbal or physical conduct of
a sexual nature.
"Facility." Any of the following:
(1) A long-term care nursing facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
(2) A hospice as defined in section 802.1 of the Health
Care Facilities Act.
(3) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
(4) An assisted living residence as defined in section
1001 of the Human Services Code.
"Older adult." An individual within the jurisdiction of this
Commonwealth who is 60 years of age or older.
Section 3. Communication duties of departments.
20220HB2425PN2890 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) General rule.--If an allegation of abuse at a facility
is reported to the Department of Health or the Department of
Human Services, the Department of Health or the Department of
Human Services shall report the allegation of abuse to the older
adult's local area agency on aging and the Department of Aging
within 24 hours.
(b) Investigation.--
(1) Upon receipt of an allegation of abuse under
subsection (a), the local area agency on aging shall conduct
an investigation of the allegation of abuse as required under
section 303 of the act of November 6, 1987 (P.L.381, No.79),
known as the Older Adults Protective Services Act.
(2) The Department of Health or the Department of Human
Services shall provide all necessary information to the older
adult's local area agency on aging and the Department of
Aging to aid in an investigation of alleged abuse reported
under this section.
(c) Regulations.--The Department of Health and the
Department of Human Services may promulgate rules and
regulations deemed necessary to aid an investigation conducted
under this section.
Section 4. Effective date.
This act shall take effect immediately.
20220HB2425PN2890 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23