PRINTER'S NO. 3139
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2072
Session of
2018
INTRODUCED BY GILLEN, DAVIS, JOZWIAK, MILLARD, B. MILLER, ROZZI,
RYAN, SCHLOSSBERG, WARD, MASSER, HARPER, KNOWLES, MALONEY,
ROTHMAN, MURT, MARSICO AND BENNINGHOFF, MARCH 13, 2018
REFERRED TO COMMITTEE ON HEALTH, MARCH 13, 2018
AN ACT
Providing for maintenance of data collected during
investigations of certain caretakers; and imposing duties on
the Department of Aging, the Department of Health and the
Department of Human Services.
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 Caretaker
Investigation Data Management 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:
"Care-dependent person." As defined in 18 Pa.C.S. § 2713
(relating to neglect of care-dependent person).
"Caretaker." As defined in 18 Pa.C.S. § 2713.
"Department." The Department of Aging of the Commonwealth,
the Department of Health of the Commonwealth and the Department
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of Human Services of the Commonwealth.
"Report." The report required to be made by a department
under 18 Pa.C.S. § 2713(c).
Section 3. Data management requirements.
(a) Investigation memorandum.--
(1) If in the course of conducting any regulatory or
investigatory responsibility a department is required to make
a report, a department shall manage the data in the report
consistent with the requirements of this section. The
identity of the reporter may only be disclosed as provided in
paragraph (3), and the data shall be stored for three
calendar years after date of receipt. After that date, the
data shall be maintained as required by Federal law.
(2) A department shall prepare an investigation
memorandum for each report alleging a violation of 18 Pa.C.S.
§ 2713 (relating to neglect of care-dependent person). During
the investigation by a department, data collected under this
section on individuals shall be confidential. Upon completion
of the investigation:
(i) If the investigation memorandum contains
findings that abuse or neglect was substantiated and the
caretaker is convicted of violating 18 Pa.C.S. § 2713
only, the following information shall be publicly
disclosed:
(A) The name of the caretaker investigated,
unless disclosure of the caretaker's name would
likely cause disclosure of the care-dependent's name
or identity.
(B) A statement of the nature of the alleged
violation.
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(C) Pertinent information obtained from medical
or other records reviewed.
(D) A summary of the investigation's findings.
(E) A statement that the report was found to be
substantiated.
(F) A statement of any action taken by the
caretaker in response to the investigation, including
action to prevent further abuse of care-dependent
persons.
(G) A statement of any action taken by a
department.
(H) If a department's determination has
substantiated a violation, a statement of whether an
individual, individuals or a facility were
responsible for the substantiated violation, if
known.
(ii) If the investigation memorandum contains
findings that no abuse or neglect was substantiated, none
of the information shall be publicly disclosed.
(3) After the assessment or investigation is completed,
the name of the reporter shall be confidential. The subject
of the report may compel disclosure of the name of the
reporter only with the consent of the reporter or upon a
written finding by a court that the report was false and
there is evidence that the report was made in bad faith.
(4) Notwithstanding any other provision of law to the
contrary, data maintained under this section by a department
shall be maintained under the following schedule and then
destroyed unless otherwise required by Federal law:
(i) Data from reports determined to be false,
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maintained for three years after the finding was made.
(ii) Data from reports determined to be
inconclusive, maintained for four years after the finding
was made.
(iii) Data from reports determined to be
substantiated, maintained for seven years after the
finding was made.
(iv) Data from reports not investigated by a
department and for which there is no final disposition,
maintained for three years from the date of the report.
(5) Each department shall publish on the department's
publicly accessible Internet website the number and type of
substantiated reports of alleged violations involving
caretakers reported under 18 Pa.C.S. § 2713, the number of
those requiring investigation under 18 Pa.C.S. § 2713 and the
resolution of those investigations. The information published
on the Internet website shall be updated as frequently as
possible. On a biennial basis, the departments shall jointly
report the following information to the Governor and the
General Assembly:
(i) The number and type of reports of alleged
violations involving caretakers reported under 18 Pa.C.S.
§ 2713, the number of those requiring investigations
under 18 Pa.C.S. § 2713, the resolution of those
investigations and which of the departments was
responsible.
(ii) Trends about types of substantiated
maltreatment found in the reporting period.
(iii) If there are upward trends for types of
violations substantiated, recommendations for addressing
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and responding to them.
(iv) Efforts undertaken or recommended to improve
the protection of care-dependent persons.
(v) Whether and where backlogs of cases result in a
failure to conform with statutory time frames and
recommendations for reducing backlogs, if applicable.
(vi) Recommended changes to statutes affecting the
protection of care-dependent persons.
(vii) Any other information that is relevant to the
report trends and findings.
(6) Each department shall establish and implement a
record retention policy.
(7) The departments, the Attorney General, district
attorneys and law enforcement agencies may exchange data if
the agency requesting the data determines that the data is
pertinent and necessary to the requesting agency in
initiating, furthering or completing an investigation under
18 Pa.C.S. § 2713. Data collected under this section shall be
made available to the Attorney General, district attorneys
and law enforcement officials investigating the alleged
violations under 18 Pa.C.S. § 2713.
(8) Each department shall keep records of the length of
time it takes to complete its investigation.
(9) A department may notify other affected parties and
their authorized representative if a department has reason to
believe a violation has occurred and determines the
information will safeguard the well-being of the affected
parties or dispel widespread rumor or unrest on the premises
of the caregiver.
(10) Under any notification provision of this section,
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where Federal law specifically prohibits the disclosure of
patient identifying information, a department may not provide
any notice unless the care-dependent person has consented to
disclosure in a manner which conforms to Federal
requirements.
(b) (Reserved).
Section 4. Effective date.
This act shall take effect in 60 days.
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