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04/16/2024 04:53 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=32847
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: December 2, 2020 10:28 AM
From: Senator Bob Mensch
To: All Senate members
Subject: Older Adult Protective Services Act (OAPSA) Re-Write
 
In the near future, I will be reintroducing legislation to update and overhaul the Older Adults Protective Services Act.
 
The Older Adult Protective Services Act (OAPSA) has been effective as a means of detecting and reducing elder abuse in the Commonwealth, as well as a blueprint for establishing protective services for Pennsylvanians 60 years of age and older.
 
Perhaps the most pressing need for this legislation is to correct a constitutionality issue created by a state Supreme Court decision in 2015. The decision held that it is unconstitutional for the offenses listed in OAPSA to result in a lifetime employment ban for workers in elder care facilities without further evaluation.
 
In addition to this fix, this legislation will improve the delivery of resources and streamline the services provided to older adults by:
  • Streamlining communications between organizations and agencies that care for seniors, and finding ways to increase health care efficiency.
  • Addressing 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.
  • Improving and updating provisions specifically related to the sexual abuse of older adults.
  • Providing mandatory reporters (physicians, health care providers and police) with a clear procedure for reporting suspected elder abuse, as well as give them the tools necessary to work together on the investigations that follow.
Last session, this legislation was introduced as Senate Bill 819 and unanimously passed the Senate, but was never considered in the House of Representatives.  The further away we get from the 2015 Supreme Court ruling, the more issues arise for our seniors and our providers. I ask that you join with me in support of this initiative.
 
If you have any questions, please call David Kozak in my office at 717-787-3110.