PRINTER'S NO. 298
No. 305 Session of 1995
INTRODUCED BY VANCE, E. Z. TAYLOR, GRUPPO, ITKIN, NAILOR, KUKOVICH, MICOZZIE, BUXTON, STURLA, D. R. WRIGHT, MARSICO, TRELLO, HERMAN, FLICK, COLAFELLA, STISH, COY, STEELMAN, CLARK, TRUE, RUBLEY, CIVERA, SAYLOR, D. W. SNYDER, GEIST, MILLER, CORNELL, PLATTS, VAN HORNE, DEMPSEY, WAUGH, DeLUCA, FAIRCHILD, OLASZ, BELARDI, MUNDY, BROWN, SHANER, BATTISTO, CORRIGAN, YOUNGBLOOD, O'BRIEN, TIGUE, TRICH, FAJT, EGOLF, BARD, SCHULER, BROWNE, ARMSTRONG AND HALUSKA, JANUARY 25, 1995
REFERRED TO COMMITTEE ON AGING AND YOUTH, JANUARY 25, 1995
AN ACT
1 Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2 "An act relating to the protection of the abused, neglected,
3 exploited or abandoned elderly; establishing a uniform
4 Statewide reporting and investigative system for suspected
5 abuse, neglect, exploitation or abandonment of the elderly;
6 providing protective services; providing for funding; and
7 making repeals," further providing for reporting, for
8 investigations of reports of need for protective services and
9 for confidentiality of records; and providing for a registry
10 of perpetrators of abuse in institutions.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 5 of the act of November 6, 1987
14 (P.L.381, No.79), known as the Older Adults Protective Services
15 Act, is amended by adding a subsection to read:
16 Section 5. Reporting; protection from retaliation; immunity.
17 * * *
18 (a.1) Mandatory reporting.--Any individual who is a
1 caretaker in an institution who has reason to believe an older 2 adult who is a resident of the institution is a victim of abuse 3 or neglect shall immediately make an oral report to the agency 4 which is the local provider of protective services. 5 * * * 6 Section 2. Sections 6 and 9 of the act are amended to read: 7 Section 6. Investigations of reports of need for protective 8 services. 9 (a) Investigation.--It shall be the agency's responsibility 10 to provide for an investigation of each report made under 11 section 5. Upon the receipt of a report indicating homicide, 12 sexual abuse or serious bodily injury, the agency shall 13 immediately orally notify law enforcement officials of the 14 jurisdiction where the alleged abuse or neglect occurred. The 15 agency shall also report within 72 hours all cases of abuse or 16 neglect of older persons in institutions to law enforcement 17 officials of the jurisdiction where the institution is located, 18 when the agency has reason to believe the report will be 19 substantiated. The investigation shall be initiated within 72 20 hours after the receipt of the report and shall be carried out 21 under regulations issued by the department. These regulations 22 shall provide for the methods of conducting investigations under 23 this section and shall assure that steps are taken to avoid any 24 conflict of interest between the investigator and service 25 delivery functions. 26 (b) Investigation involving licensed facilities.--[Any 27 report concerning older adults residing in a State-licensed 28 facility shall be investigated under procedures developed by the 29 department in consultation with the State agency licensing such 30 facility.] If a report concerns a resident of a State-licensed 19950H0305B0298 - 2 -
1 facility, the agency shall notify the State agency licensing the 2 facility of the initiation of the investigation. If the report 3 concerns a resident of a State-licensed facility for whom the 4 area agency on aging provides ombudsman services, the ombudsman 5 of the area agency on aging must be notified. 6 (c) Unsubstantiated reports.--If, after investigation by the 7 agency, the report is unsubstantiated, the case shall be closed 8 and all information identifying the reporter and the alleged 9 abuser shall be immediately deleted from all records. For 10 purposes of substantiating a pattern of abuse, neglect, 11 exploitation or abandonment, the name of the alleged victim and 12 any information describing the alleged act of abuse, neglect, 13 exploitation or abandonment may be maintained for a period of 14 six months under procedures established by the department. 15 (d) Substantiated reports.--If the report is substantiated 16 by the agency, or if the client assessment is necessary in order 17 to determine whether or not the report is substantiated, the 18 agency shall provide for a timely client assessment if the older 19 adult consents to an assessment. Upon completion of the 20 assessment, written findings shall be prepared which shall 21 include recommended action. This service plan shall provide for 22 the least restrictive alternative, encouraging client self- 23 determination and continuity of care. The service plan shall be 24 in writing and shall include a recommended course of action, 25 which may include the pursuit of civil or criminal remedies. If 26 an older adult found to be in need of protective services does 27 not consent to a client assessment or the development of a 28 service plan, the agency may apply to the case the provisions of 29 section 10. 30 (e) Plan of supervision.--Upon notification that an 19950H0305B0298 - 3 -
1 individual who is a caretaker in an institution is alleged to 2 have committed abuse or neglect under this act, the institution 3 shall immediately implement a plan of supervision or alternative 4 arrangement, subject to the agency's approval, for the 5 individual under investigation to insure the safety of the 6 residents of the institution. This plan shall remain in effect 7 until a determination is made by the agency under this section. 8 (f) Duty of State licensing agency where report is 9 substantiated.--Upon the receipt of a substantiated report 10 identifying an employee, supervisor, director, independent 11 contractor or operator as a perpetrator, the State licensing 12 agency shall order the licensee to immediately prohibit the 13 perpetrator from having access to residents of the facility. 14 Where the perpetrator is a director, operator or supervisor, the 15 person shall be subject to restrictions deemed appropriate by 16 the licensing agency which shall assure the safety of residents 17 of the institution. 18 Section 9. Confidentiality of records. 19 (a) General rule.--Information contained in reports, records 20 of investigation, client assessment and service plans shall be 21 considered confidential and shall be maintained under 22 regulations promulgated by the department to safeguard 23 confidentiality. Except as provided below, this information 24 shall not be disclosed to anyone outside the agency other than 25 to a court of competent jurisdiction or pursuant to a court 26 order. 27 (b) Limited access to the agency's protective services 28 records.-- 29 (1) [In the event that an investigation by the agency 30 results in a report of criminal conduct, law] Law enforcement 19950H0305B0298 - 4 -
1 officials shall have access to all relevant records 2 maintained by the agency or the department for the purposes 3 of investigating cases referred to under section 6(a). 4 (2) In arranging specific services to carry out service 5 plans, the agency may disclose to appropriate service 6 providers such information as may be necessary to initiate 7 the delivery of services. 8 (3) A subject of a report made under section 5 may 9 receive, upon written request, all information contained in 10 the report except that prohibited from being disclosed by 11 paragraph (4). 12 (4) The release of information that would identify the 13 person who made a report of suspected abuse, neglect, 14 exploitation or abandonment or person who cooperated in a 15 subsequent investigation, is hereby prohibited unless the 16 secretary can determine that such a release will not be 17 detrimental to the safety of such person. 18 (5) When the department is involved in the hearing of an 19 appeal by a subject of a report made under section 5, the 20 appropriate department staff shall have access to all 21 information in the report record relevant to the appeal. 22 (6) For the purposes of monitoring agency performance, 23 appropriate staff of the department may access agency 24 protective services records. 25 (7) Appropriate staff of the department may access 26 agency protective service records for the purpose of placing 27 information in the central register regarding institutional 28 abuse of older persons under section 13.1. 29 Section 3. The act is amended by adding a section to read: 30 Section 13.1. Registry of perpetrators of abuse in 19950H0305B0298 - 5 -
1 institutions. 2 (a) Establishment.--The department shall establish a 3 Statewide register of persons found to be substantiated 4 perpetrators of abuse or neglect of older persons in 5 institutions. 6 (b) Information in register.--The register shall include and 7 be limited to the following information: 8 (1) The name, Social Security number, age, sex and 9 address of the perpetrator. 10 (2) The institution or institutions where the 11 perpetrator committed the abuse or neglect. 12 (3) A description of the abuse or neglect committed by 13 the perpetrator including the date or dates of the incidents. 14 (c) Expungement.--The department shall immediately expunge 15 information in the register pertaining to any perpetrator where 16 the finding of the agency has been reversed upon appeal under 6 17 Pa. Code § 15.82(3) (relating to rights of alleged abusers). 18 (d) Information submitted by prospective employees.-- 19 Administrators of institutions which assume the responsibility 20 for the provision of care needed to maintain the physical or 21 mental health of an older adult shall require prospective 22 employees to submit with their applications for employment a 23 certification from the department as to whether the applicant is 24 named in the central register as a perpetrator. The certificate 25 must be obtained within the preceding one-year period. 26 (e) Grounds for denying employment.--In no case shall an 27 administrator hire an applicant where the department has 28 verified the applicant is named in the register as a 29 perpetrator. 30 (f) Regulations.--The department shall promulgate the 19950H0305B0298 - 6 -
1 regulations necessary to carry out this section which shall 2 include a procedure for agencies to immediately transmit to the 3 department records of substantiated cases of abuse or neglect of 4 older persons in institutions. 5 Section 4. This act shall take effect in 60 days. A4L35DGS/19950H0305B0298 - 7 -