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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: December 10, 2018 03:29 PM
From: Senator Bob Mensch
To: All Senate members
Subject: Older Adult Protective Services Act Re-Write
In the near future, I will be reintroducing legislation to overhaul the Older Adults Protective Services Act (OAPSA), which aims to detect and reduce elder abuse in the Commonwealth, as well as provide protective services for Pennsylvanians over 60 years of age.

This legislation, which was Senate Bill 899 last session, will improve the delivery of resources and streamline the services provided to older adults. The bill will:
  • Streamline communications between organizations and agencies that care for seniors, and find ways to increase health care efficiency.
  • Address the rise of financial exploitation of older Pennsylvanians by giving financial institutions tools to intervene if they suspect an elder is being taken advantage of through the illegal taking, misuse or concealment of money, property or assets.
  • Provide mandatory reporters (physicians, health care providers and police) with a procedure for reporting suspected elder abuse, as well as give them the tools necessary to work together on the investigations that follow.
One of the most significant provisions of the legislation is to fix a constitutionality issue created by a state Supreme Court decision in 2015. The decision held that it is unconstitutional for the offenses listed in the Older Protective Services Act to result in a lifetime employment
ban without further evaluation.

Senate Bill 899 fixes this constitutionality issue and also provides for employment practices that are safe for care organizations and, most importantly, Pennsylvania’s older adults.

Last session, this legislation unanimously passed the Senate, but was never considered in the House of Representatives. I ask that you join with me in support of this initiative.

If you have any questions please call Mark Fetzko at 717-787-3110.

Introduced as SB819