PRIOR PRINTER'S NO. 2890
PRINTER'S NO. 3468
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, DAY, LEWIS DELROSSO, THOMAS AND D. WILLIAMS,
MARCH 29, 2022
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 14, 2022
AN ACT
Providing for communication duties between the Department of
Health and the Department of Human Services with local area
CERTAIN agencies on aging and the Department of Aging
relating to older adult abuse OF ADULTS AND OLDER ADULTS.
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 ROBERT RAPH 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
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or mental anguish.
(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.
"ABUSE." EITHER OF THE FOLLOWING:
(1) AS DEFINED IN SECTION 103 OF THE ACT OF NOVEMBER 6,
1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
SERVICES ACT; OR
(2) AS DEFINED IN SECTION 103 OF THE ACT OF OCTOBER 7,
2010 (P.L.484, NO.70), KNOWN AS THE ADULT PROTECTIVE SERVICES
ACT.
"ADULT." AS DEFINED IN SECTION 103 OF THE ADULT PROTECTIVE
SERVICES ACT.
"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.
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(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.
"OLDER ADULT." AS DEFINED IN SECTION 103 OF THE OLDER ADULTS
PROTECTIVE SERVICES ACT.
Section 3. Communication duties of departments.
(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
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Department of Human Services may promulgate rules and
regulations deemed necessary to aid an investigation conducted
under this section.
(A) ALLEGATIONS INVOLVING OLDER ADULTS.--WHEN AN ALLEGATION
OF ABUSE INVOLVING AN OLDER ADULT RESIDING IN A FACILITY IS
REPORTED TO THE DEPARTMENT OF HEALTH OR THE DEPARTMENT OF HUMAN
SERVICES, THE DEPARTMENT THAT RECEIVED THE ALLEGATION SHALL:
(1) REFER THE ALLEGATION TO THE LOCAL AREA AGENCY ON
AGING FOR SCREENING AND INVESTIGATION IN ACCORDANCE WITH THE
ACT OF NOVEMBER 6, 1987 (P.L.381, NO.79), KNOWN AS THE OLDER
ADULTS PROTECTIVE SERVICES ACT.
(2) PROVIDE ALL INFORMATION RELATED TO THE ALLEGATION TO
THE LOCAL AREA AGENCY ON AGING TO AID IN THE INVESTIGATION OF
ALLEGED ABUSE.
(B) ALLEGATIONS INVOLVING ADULTS.--WHEN AN ALLEGATION OF
ABUSE INVOLVING AN ADULT RESIDING IN A FACILITY IS REPORTED TO
EITHER THE DEPARTMENT OF HEALTH OR THE DEPARTMENT OF HUMAN
SERVICES, THE DEPARTMENT THAT RECEIVED THE ALLEGATION SHALL:
(1) REFER THE ALLEGATION TO THE AGENCY FOR SCREENING AND
INVESTIGATION IN ACCORDANCE WITH THE ACT OF OCTOBER 7, 2010
(P.L.484, NO.70), KNOWN AS THE ADULT PROTECTIVE SERVICES ACT.
(2) PROVIDE ALL INFORMATION RELATED TO THE ALLEGATION TO
THE AGENCY TO AID IN THE INVESTIGATION OF ALLEGED ABUSE.
(3) FOR PURPOSES OF THIS SUBSECTION, THE TERM "AGENCY"
SHALL HAVE THE MEANING GIVEN TO IT IN SECTION 103 OF THE
ADULT PROTECTIVE SERVICES ACT.
(C) ONGOING COMMUNICATION.--THE DEPARTMENT OF HEALTH, THE
DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF AGING SHALL
ESTABLISH ONGOING COMMUNICATION TO DETERMINE THE MOST EFFECTIVE
AND EFFICIENT MANNER IN WHICH THE INFORMATION UNDER THIS SECTION
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WILL BE SHARED.
Section 4. Effective date.
This act shall take effect immediately.
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