Regular Session 2017-2018 Senate Bill 0899 P.N. 1906

PRIOR PRINTER'S NO. 1205

PRINTER'S NO. 1906

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

899

Session of

2017

INTRODUCED BY MENSCH, BROWNE, BAKER, VULAKOVICH, RAFFERTY,

VOGEL, WARD, KILLION, COSTA, HAYWOOD, YUDICHAK, BREWSTER,

BOSCOLA AND YAW, SEPTEMBER 26, 2017

SENATOR BROOKS, AGING AND YOUTH, AS AMENDED, JUNE 21, 2018

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, providing for older adult ADULTS

protective services and imposing penalties; and making a

related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 23 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 69

OLDER ADULT PROTECTIVE SERVICES

Subchapter

A. Preliminary Provisions

B. Duties of Department

C. Duties of Area Agencies on Aging

D. Protective Services

E. Reporting

F. Financial Institutions and Fiduciaries

G. Criminal History

<--

H. Remedies

I. Administration

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

6901. Scope of chapter.

6902. Definitions.

6903. Intent.

§ 6901. Scope of chapter.

This chapter relates to older adult protective services.

§ 6902. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Abandonment." The desertion of an older adult by a

caretaker.

"Abuse." Intentionally, willfully, knowingly or recklessly

causing or attempting to cause:

(1) Infliction of injury or unreasonable confinement

resulting in physical harm or pain.

(2) Intimidation or punishment resulting in mental

anguish.

(3) The deprivation by a caretaker of goods or services

which are necessary to maintain physical or mental health.

(4) Sexual abuse, including rape, involuntary deviate

sexual intercourse, sexual assault, aggravated indecent

assault, indecent assault or incest.

(5) Sexual harassment, including unwelcome sexual

advances, requests for sexual favors and other unwelcome

verbal or physical conduct of a sexual nature.

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"Administrator." The person responsible for the management

of a facility. The term includes a person responsible for

employment decisions or an independent contractor responsible

for administration of a facility.

"Applicant." An individual seeking employment or engagement

as an employee.

"Area agency on aging." The single local agency designated

by the department within each planning and service area to

administer the delivery of protective services.

"Assessment." The evaluation of an older adult's social,

physical and psychological well-being, along with a description

of the older adult's current resources and needs.

"Care." Services provided to meet an older adult's need for

personal care or health care which require interaction with the

older adult.

"Care-dependent individual." An adult who, due to physical

or cognitive disability or impairment, requires assistance to

meet needs for food, shelter, clothing, personal care or health

care.

"Caretaker." A person that has assumed the responsibility

for the provision of care needed to maintain the physical or

mental health of an older adult. This responsibility may arise

voluntarily, by contract, by receipt of payment for care, as a

result of familial relationship, or by order of a court of

competent jurisdiction.

"Case record." The complete record of the information

received and the actions taken by the area agency on aging on

each report of need.

"Consent." Authorization or approval, which, when feasible,

shall be obtained in writing.

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"Department." The Department of Aging of the Commonwealth.

"Direct care worker." The individual employed by a home care

agency or referred by a home care registry to provide home care

services to a customer.

"Employee." An individual who:

(1) either:

(i) is employed by a facility; or

(ii) enters into a contractual relationship with a

facility to provide care to an older adult; and

(2) has unsupervised access to the older adult or the

older adult's living quarters, resources or personal records,

including employees of affiliated corporate entities.

"Exploitation." An act or course of conduct by a caretaker

or other person against an older adult or an older adult's

resources, which, through misrepresentation, coercion or threats

of force, results in monetary, personal or other benefit, gain

or profit for that caretaker or person, or monetary or personal

loss to the older adult.

"Facility."

(1) Any of the following:

(i) Domiciliary care as defined in section 2202-A of

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

(ii) An assisted living residence as defined in

section 1001 of the act of June 13, 1967 (P.L.31, No.21),

known as the Human Services Code.

(iii) A personal care home as defined in section

1001 of the Human Services Code.

(iv) The following entities as defined in section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known

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as the Health Care Facilities Act:

(A) A home care agency.

(B) A home care registry.

(D) A hospice.

(E) A long-term care nursing facility.

(v) An older adult daily living center as defined in

section 2 of the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing

Act.

(vi) A PACE provider as defined in section 1894 of

the Social Security Act (49 Stat. 620, 42 U.S.C. §

1395eee) and licensed under the Older Adult Daily Living

Centers Licensing Act.

(vii) Any other public or private organization or

entity, or part of an organization or entity, that uses

public funds and is paid, in part, to provide care to

care-dependent individuals.

(2) The term does not include an entity licensed by the

Department of Drug and Alcohol Programs or the Department of

Health to provide drug and alcohol addiction treatment

services or an entity licensed by the Department of Human

Services Office of Developmental Programs.

"Fiduciary." A guardian, custodian, trustee, agent, personal

representative or other person authorized or required to act on

behalf of an older adult.

"Financial exploitation." Exploitation involving the illegal

taking, misuse or concealment of money, property or assets of an

older adult in the custody or control of a financial

institution.

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"Financial institution." Any of the following:

(1) An insured bank as defined in section 3(h) of the

Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. §

1813(h)).

(2) A commercial bank or trust company.

(3) A private banker.

(4) An agency or branch of a foreign bank in the United

States.

(5) A credit union.

(6) A thrift institution.

(7) A broker or dealer registered with the Securities

and Exchange Commission under the Securities Exchange Act of

1934 (48 Stat. 881, 15 U.S.C. § 78A et seq.).

(8) A broker or dealer in securities or commodities.

(9) An investment banker or investment company.

(10) A currency exchange.

(11) An issuer, redeemer or cashier of travelers'

checks, checks, money orders or similar instruments.

(12) An operator of a credit card system.

(13) A loan or finance company.

(14) A licensed sender of money or any other person who

engages as a business in the transmission of money, including

any person who engages as a business in an informal money

transfer system or any network of people who engage as a

business in facilitating the transfer of money domestically

or internationally outside of the conventional financial

institution system.

(15) Any business or agency which engages in any

activity which the department determines, by regulation, to

be an activity which is similar to, related to or a

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substitute for any activity conducted by a business described

in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9),

(10), (11), (12), (13) and (14).

"Health care provider." A licensed hospital or health care

facility or person who is licensed, certified or otherwise

regulated to provide health care services under the laws of this

Commonwealth, including a physician, podiatrist, optometrist,

psychologist, physical therapist, certified nurse practitioner,

registered nurse, nurse midwife, physician's assistant,

chiropractor, dentist, pharmacist or an individual accredited or

certified to provide behavioral health services.

"Intimidation." An act or omission by a person toward

another person that obstructs, impedes, impairs, prevents or

interferes with the administration of this chapter or any other

law intended to protect older adults from mistreatment.

"Law enforcement official." Any of the following:

(1) A police officer of a municipality.

(2) A peace officer, as defined in 18 Pa.C.S. § 501

(relating to definitions).

(3) A district attorney.

(4) A Pennsylvania State Police officer.

(5) The Attorney General.

(6) An agent of the Department of Justice and other

Federal law enforcement agencies, who possesses law

enforcement powers and duties.

(7) Law enforcement authorities in other states.

"Mandatory reporter." Any of the following:

(1) Administrators and employees of a facility.

(2) Health care providers.

(3) A law enforcement official.

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"Neglect." The failure to provide for oneself or the failure

of a caretaker to provide goods or services essential to avoid a

clear and serious threat to physical or mental health.

"Older adult." An individual residing within this

Commonwealth who is 60 years of age or older.

"Older adult in need of protective services." An older adult

who is unable to perform or obtain services that are necessary

to maintain physical or mental health, for whom there is no

responsible caretaker and who is at risk of danger to self or

property.

"Protective services." Those activities, resources and

supports provided to older adults under this chapter to detect,

prevent, reduce or eliminate abuse, neglect, exploitation and

abandonment.

"Serious bodily injury." Injury which creates a substantial

risk of death or which causes serious disfigurement of a body

part or organ or protracted loss or impairment of the function

of a body member or organ.

"Service plan." As follows:

(1) A written plan developed by an area agency on aging

on the basis of a comprehensive assessment of an older adult

that describes identified needs and specific services

designed to support goal attainment, which includes regular

follow-up appointments and predetermined reassessment of

progress.

(2) As used in this definition, specific services

designed to support goal attainment may include homemaker

services, home-delivered meals, personal care, other in-home

services, emergency shelter or food, legal aid services and

transportation services.

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(3) Service plans shall be cooperatively developed by

area agency on aging staff, the older adult or the older

adult's legal representative, and other family members, if

appropriate.

(4) The service plan shall address special needs of

other members of the household unit if they affect the older

adult's need for protective services.

"Suspicious death." A death which is unexpected with

unexplained circumstances or cause.

§ 6903. Intent.

It is not the intent of this chapter to impose responsibility

on any individual if the responsibility would not otherwise

exist in law.

SUBCHAPTER B

DUTIES OF DEPARTMENT

Sec.

6910. Public education.

6911. Interdepartmental consultation.

6912. Training required.

6913. Confidentiality.

6914. Schedule.

6915. Employee disclosure.

6916. Disclosure form.

6917. Disclosure reporting.

6918. Supervision.

§ 6910. Public education.

The department shall conduct an ongoing campaign designed to

inform and educate older adults, professionals and the general

public about the need for and the availability of protective

services under this chapter.

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§ 6911. Interdepartmental consultation.

The following apply:

(1) The department shall consult with other Commonwealth

agencies on the design and implementation of the ongoing

public awareness campaign.

(2) The department shall consider the concerns of area

agencies on aging on the design and implementation of the

ongoing public awareness campaign.

§ 6912. Training required.

(a) Standards.--The department shall establish minimum

standards of experience and training that protective services

providers receiving money from the department shall be required

to follow in the selection and assignment of employees for the

provision of protective services.

(b) Mandatory reporters.--The department shall establish a

training program for mandatory reporters to inform employees

about the requirement to report under this chapter.

develop and provide training programs for the personnel of area

agencies on aging regarding the identification and prevention of

financial exploitation of older adults and on procedures to

provide relief to older adults from financial exploitation.

(d) Model training program.--

(1) The department shall establish a model training

program for personnel of financial institutions regarding the

identification and prevention of financial exploitation of

older adults and on procedures to provide relief to older

adults from financial exploitation, including guidelines

regarding:

(i) when to report suspected financial exploitation;

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(ii) to whom suspected financial exploitation should

be reported;

(iii) information that should be included in a

report; and

(iv) applicable laws, rules and regulations that

must be followed while reporting suspected financial

exploitation.

(2) The department may adopt a national organization's

training program as its model training program so long as the

training is certified or accredited.

§ 6913. Confidentiality.

The department shall establish methods which shall be used by

an area agency on aging, its designees and its service providers

to ensure the privacy of older adults receiving services and the

confidentiality of all records.

§ 6914. Schedule.

The department shall establish a schedule for the submission

and approval of the plans associated with the development of

training provided in section 6912 (relating to training

required).

§ 6915. Employee disclosure.

The department shall develop a standardized form to be used

by facilities for the written reporting by administrators and

employees of any conviction for an offense enumerated under

section 6960(c) (relating to criminal history). The form shall

be published on the department's publicly accessible Internet

website and in the Pennsylvania Bulletin.

§ 6916. Disclosure form.

(a) Form.--The disclosure form shall contain a list of the

prohibited offenses under section 6960(c) (relating to criminal

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history) and a space for the employee to indicate convictions.

Administrators and employees who have not been convicted of any

enumerated offense shall respond "no conviction."

(b) Failure to report.--The disclosure form shall state that

administrators and employees who fail to accurately report any

conviction for an offense enumerated under section 6960(b) shall

subject the employee to criminal prosecution under 18 Pa.C.S. §

4904 (relating to unsworn falsification to authorities).

§ 6917. Disclosure reporting.

The department shall require the following reporting:

(1) Facilities shall require administrators and

employees to complete and submit the disclosure form under

section 6916 (relating to disclosure form) not later than 72

hours after a conviction.

(2) If an administrator or employee refuses to submit

the disclosure form, the facility shall immediately require

the administrator or employee to submit a current report of

criminal history record information as required under section

6960(a) (relating to criminal history).

§ 6918. Supervision.

The department shall develop guidelines regarding the

supervision of applicants. Supervision shall include random

direct supervision by an employee who has been employed by the

facility for a period of at least one year.

SUBCHAPTER C

DUTIES OF AREA AGENCIES ON AGING

Sec.

6920. Receipt of reports.

6921. Investigations.

6922. Investigations involving facilities.

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6923. Investigations involving law enforcement officials.

6924. Access to older adults.

6925. Access to records.

6926. Rights of older adults.

6927. Confidentiality standards required.

6928. Availability of protective services.

§ 6920. Receipt of reports.

The area agency on aging must be capable of electronically

receiving reports of older adults in need of protective services

at all times. This capability may include the use of a local

emergency response system or a crisis intervention agency, if

access can be made to a protective services caseworker in

appropriate emergency situations, as set forth in regulations

issued by the department. All reports received orally shall be

documented in a manner set forth by the department.

§ 6921. Investigations.

An area agency on aging shall investigate each report in

accordance with regulations issued by the department. The

investigation shall be initiated within 72 hours after the

receipt of the report and shall be carried out under regulations

issued by the department. The regulations shall provide for the

methods of conducting investigations and shall assure that steps

are taken to avoid any conflict of interest. Consent of the

older adult is not required in order to investigate reports of

abuse, neglect, exploitation or abandonment.

§ 6922. Investigations involving facilities.

If the report concerns a facility, the area agency on aging

shall notify the local ombudsman and the licensing agency.

Investigations concerning facilities shall be conducted under

procedures developed by the department in consultation with the

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Commonwealth agency with oversight authority for the facility.

The department and any other Commonwealth agency shall share

information with each other and with mandatory reporters,

fiduciaries and financial institutions as necessary to ensure

the health, safety and welfare of the older adult and to assist

financial institutions and fiduciaries in exercising the

financial institution's and fiduciaries' authority to prohibit

disbursement of money and transactions as provided by section

6952 (relating to authority to prohibit disbursement of money

and transactions). Facilities shall take reasonable steps to

protect older adults following receipt of a report of suspected

abuse, neglect, exploitation or abandonment involving an

employee, including a plan of supervision or suspension.

§ 6923. Investigations involving law enforcement officials.

The following shall apply:

(1) To the extent possible, law enforcement officials,

the area agency on aging and other mandatory reporters shall

coordinate respective investigations and shall advise each

other and provide applicable additional information on an

ongoing basis.

(2) Upon receiving a report of any of the following, the

area agency on aging shall immediately notify a law

enforcement official:

(i) Suspicious death.

(ii) Serious bodily injury.

(iii) Sexual abuse.

(iv) Financial exploitation.

(3) (i) Following a referral to a law enforcement

official, the area agency on aging shall contact a law

enforcement official to obtain information about actions

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taken and the outcomes, including any decisions regarding

criminal charges, and the law enforcement official shall

provide the information to the extent that the

information is available.

(ii) To the extent a law enforcement agency

exercises its discretion to not pursue, or to defer, a

criminal investigation or prosecution, the area agency on

aging may initiate civil proceedings to obtain a

protective order, seek injunctive relief or seek

compensation or restitution for damages from a person

that abuses, neglects, abandons or exploits an older

adult.

(iii) The area agency on aging shall report the

information under subparagraph (i) to the department in a

manner prescribed by the department.

§ 6924. Access to older adults.

The following apply:

(1) The area agency on aging shall have direct access to

older adults who have been reported to be in need of

protective services in order to:

(i) Investigate reports.

(ii) Assess needs of the older adult and develop a

service plan for addressing those needs.

(iii) Provide for the delivery of services by the

area agency on aging or other service provider as

provided for under the service plan.

(2) If the area agency on aging is denied access to an

older adult reported to be in need of protective services,

the area agency on aging may petition the court for an order

to require any of the following:

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(i) Access to the older adult.

(ii) A medical evaluation of the older adult.

(iii) A psychiatric evaluation of the older adult.

§ 6925. Access to records.

(a) Area agency on aging access.--The area agency on aging

shall, subject to the consent of the older adult, have access to

all records for the purposes of:

(1) Assessing an older adult's need for services.

(2) Planning and delivery of services.

(3) Investigating reports.

(b) Refusal.--The following apply:

(1) If an older adult refuses to provide consent, the

department or the area agency on aging may file a petition

with the court of common pleas in the county where the older

adult resides for an order compelling the production of

records. Upon the issuance of the order, the department or

the area agency on aging shall have access to all records

reasonably necessary for the purposes of investigating

reports.

(2) If a record custodian refuses to comply with an

order, the area agency on aging may file a petition with the

court of common pleas in the county where the older adult

resides for an order compelling the production of records.

The area agency on aging or the department shall compensate

the record custodian for actual costs of producing records,

or amounts as set forth by regulations adopted by the

department.

(3) If any other entity or individual denies access to

the older adult's records, the area agency on aging may

petition the court for an order to require access.

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private organizations, financial institutions, fiduciaries,

medical institutions and practitioners and persons reasonably

suspected of engaging in or facilitating the abuse, neglect,

exploitation or abandonment of an older adult, which the area

agency on aging reasonably believes to be necessary to complete

an investigation or assessment and service plan, shall be

requested in written form and be made available to the area

agency on aging unless the disclosure would be prohibited by any

other provision of Federal or State law. Except as provided by a

court order, access to financial records shall be limited to

records relating to the most recent transaction or transactions

that may comprise financial exploitation, not to exceed 30

calendar days prior to the first transaction that was reported

or 30 calendar days after the last transaction that was

reported.

(d) Involuntary denial.--If the area agency on aging can

demonstrate that the older adult has denied access to the older

adult's records because of incompetence, coercion, extortion or

justifiable fear, the area agency on aging shall have access to

all records reasonably necessary for the purposes of

investigating reports. If the older adult denying access to

records is competent, the area agency on aging may petition the

court for an order to require access.

(e) Compensation.--The area agency on aging or the

department shall compensate any person requested or ordered to

provide records to the area agency on aging for the reasonable

costs of producing records in a manner consistent with the

requirements of section 1115(a) of the Right to Financial

Privacy Act (Public Law 95-630, 12 U.S.C. § 3415).

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§ 6926. Rights of older adults.

(a) Notification.--The area agency on aging shall discreetly

notify the older adult during the investigation that a report

has been made and shall provide the older adult with a brief

summary of the nature of the report.

(b) Information.--As provided in section 6934 (relating to

confidentiality of records), the older adult who is the subject

of a report, or the older adult's guardian, if the guardian is

not named in the report, may receive, upon written request, all

information contained in the report of need except information

that would identify the person who made a report of suspected

abuse, neglect, exploitation or abandonment or persons who

cooperated in a subsequent investigation.

area agency on aging under this subchapter may be appealed

according to the provisions of the rules and regulations issued

by the department under Article XXII-A of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code of

1929.

§ 6927. Confidentiality standards required.

The area agencies on aging shall utilize the department's

confidentiality standards established under section 6913

(relating to confidentiality).

§ 6928. Availability of protective services.

The area agency on aging shall offer protective services

under any of the following conditions:

(1) An older adult requests the services.

(2) Another interested person requests the services on

behalf of an older adult.

(3) After investigation of a report, the area agency on

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aging determines the older adult is in need of the services.

SUBCHAPTER D

PROTECTIVE SERVICES

Sec.

6930. Consent by request.

6931. Interference with services.

6932. Financial obligations, liabilities and payments.

6933. Involuntary intervention by emergency court order.

6934. Confidentiality of records.

§ 6930. Consent by request.

An individual shall receive protective services voluntarily

unless the services are ordered by a court of competent

jurisdiction or requested by the older adult's legal

representative.

§ 6931. Interference with services.

If any person interferes with the provision of services or

interferes with the right of an older adult to consent to

provision of services, the area agency on aging may petition the

court for an order enjoining the interference.

§ 6932. Financial obligations, liabilities and payments.

All older adults receiving services and all agencies

providing services under this subchapter shall comply with the

following provisions regarding liability for the payment of

services:

(1) Funding to provide or make available protective

services under this subchapter shall not be used in place of

any public or private entitlements or benefits for which the

older adult receiving protective services under this

subchapter is or may be eligible.

(2) Funding available to local protective services

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agencies under this subchapter may be used to cover the costs

of activities, including, but not limited to:

(i) Administering protective services plans.

(ii) Receiving and maintaining records of reports of

abuse, neglect, exploitation and abandonment.

(iii) Conducting investigations of reported abuse,

neglect, exploitation and abandonment.

(iv) Carrying out assessments and developing service

plans.

(v) Petitioning the court.

(vi) Providing for emergency involuntary

intervention.

(vii) Arranging for available services needed to

carry out service plans, which may include arranging for

services for other persons in order to reduce, correct or

eliminate abuse, neglect, exploitation or abandonment of

an older adult.

(viii) Purchasing, on a temporary basis, services

determined by a service plan to be necessary to reduce,

correct or eliminate abuse, neglect, exploitation or

abandonment of an older adult when the services are not

available within the existing resources of the area

agency on aging or other appropriate provider. Purchase

of services under this provision is limited to a 30-day

period which may be renewed with adequate justification

under regulations issued by the department.

(3) Older adults receiving protective services shall not

be required to pay a fee for any services received by other

older adults when the receipt of the services by others is

not subject to cost sharing.

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§ 6933. Involuntary intervention by emergency court order.

(a) Emergency petition.--An area agency on aging may

petition a court of common pleas for an emergency order to

provide protective services to an older adult who is at imminent

risk of death, sexual abuse, serious bodily injury or financial

exploitation. The court of common pleas shall grant the area

agency on aging's petition if it finds, by clear and convincing

evidence, that failure to provide protective services will place

the older adult at imminent risk of death, sexual abuse, serious

bodily injury or financial exploitation. The courts of common

pleas of each judicial district shall ensure that a judge or

magisterial district judge is available at all times to accept

and rule on petitions for emergency court orders under this

section whenever the area agency on aging determines that a

delay until normal court hours may significantly increase danger

to the older adult.

(b) Limited order.--The court, after finding clear and

convincing evidence of the need for an emergency order, shall

order only services necessary to remove the conditions creating

the established need.

older adult for whom protective services are being ordered, an

emergency court order under this section shall provide that the

older adult has the right to legal counsel. If the older adult

is unable to provide for counsel, counsel shall be appointed by

the court.

(d) Forcible entry.--If it is necessary to forcibly enter

premises after obtaining a court order, a law enforcement

official may do so, accompanied by a representative of the area

agency on aging.

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(e) Health and safety requirements.--The area agency on

aging shall take reasonable steps to ensure that while the older

adult is receiving services under an emergency court order, the

health and safety needs of any of the older adult's dependents

are met and that the personal property and dwelling of the older

adult are secure.

§ 6934. Confidentiality of records.

(a) Requirement.--Information contained in reports, records

of investigation, assessments and service plans created under

this subchapter shall be considered confidential and shall be

maintained under regulations issued by the department. Except as

provided below, this information shall be disclosed by area

agency on aging staff for the purposes of development and

implementation of protective services. The department or the

area agency on aging may not release information that could be

detrimental to the older adult except that the information shall

be released to a law enforcement official under subsection (b)

(2) and may be used by the department in civil proceedings,

subject to protective orders. All information contained in

protective service records is subject to other Federal and State

confidentiality and security laws.

(b) Release of protective services records.--Protective

services records may be provided as follows:

(1) Protective services records may be provided to a

court of competent jurisdiction or to another party pursuant

to court order. A subpoena, other than a grand jury subpoena,

shall not be a court order for purposes of this section.

(2) Protective services records may be provided to law

enforcement officials or a coroner if the information is

relevant to the official's or coroner's investigation of

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abuse, neglect, exploitation or abandonment of the older

adult.

(3) In arranging specific services to carry out service

plans, the area agency on aging may disclose information to

appropriate service providers as may be necessary to initiate

the delivery of services.

(4) The older adult who is the subject of a report or

the older adult's guardian may receive, upon written request,

all information contained in the report of need except

information that would identify the person who made a report

of suspected abuse, neglect, exploitation or abandonment or

persons who cooperated in a subsequent investigation.

(5) A person who made a report of suspected abuse,

neglect, exploitation or abandonment may receive, upon

written request, confirmation that the report was received

and the area agency on aging is acting in accordance with

this subchapter.

(6) For the purposes of monitoring agency performance or

conducting other official duties, appropriate staff of the

department, as designated by the Secretary of Aging, may

access protective services records.

(7) The department or the area agency on aging may

collaborate or share information included in protective

services records with Commonwealth agencies for purposes of

official Commonwealth business.

(8) The department or the area agency on aging may share

protective services records with another area agency on aging

that is performing responsibilities under this subchapter

relevant to older adults within their jurisdictions.

(9) An employee of an agency of another state who

20170SB0899PN1906 - 23 -

performs older adult protective services similar to those

under this subchapter may access protective services records

relevant to older adults within their jurisdiction.

(10) Protective services records may be provided to a

health care provider who is examining or treating the older

adult and who suspects that the older adult is in need of

protection under this subchapter.

(11) Protective services records may be provided to the

director, or an individual specifically designated in writing

by the director, of any hospital or other medical institution

where the older adult is being treated if the director or

designee suspects that the recipient is in need of protection

under this chapter.

(12) Protective services records may be provided to a

financial institution or fiduciary as necessary to exercise

the authority to prohibit disbursement of money and

transactions provided under section 6952 (relating to

authority to prohibit disbursement of money and

transactions).

SUBCHAPTER E

REPORTING

Sec.

6940. Voluntary reporting.

6941. Mandatory reporting.

6942. Mandatory reporting to law enforcement officials and

department.

6943. Contents of reports.

6944. Mandatory reporter training.

6945. Coroner.

6946. Protecting identity of reporter and cooperating

20170SB0899PN1906 - 24 -

witnesses.

§ 6940. Voluntary reporting.

Any person having reasonable cause to suspect that an older

adult may be a victim of suspicious death, serious bodily

injury, sexual abuse or financial exploitation may report the

information to the area agency on aging.

§ 6941. Mandatory reporting.

A mandatory reporter who has reasonable cause to suspect that

an older adult may be a victim of abuse, neglect, exploitation

or abandonment shall immediately make an oral report to the area

agency on aging. If applicable, the area agency on aging shall

advise the mandatory reporter of additional reporting

requirements that may apply under section 6942 (relating to

mandatory reporting to law enforcement officials and

department). Within 48 hours of making the oral report, the

mandatory reporter shall make a written report to the area

agency on aging.

§ 6942. Mandatory reporting to law enforcement officials and

department.

In addition to the report under section 6941 (relating to

mandatory reporting), a mandatory reporter who has reasonable

cause to suspect that an older adult may be a victim of

suspicious death, serious bodily injury, sexual abuse or

financial exploitation shall immediately contact law enforcement

officials and the department to make an oral report. Within 48

hours of making the oral report, the mandatory reporter shall

make a written report to appropriate law enforcement officials

and to the area agency on aging. The area agency on aging shall

forward the report to the department within 48 hours of receipt.

§ 6943. Contents of reports.

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A written mandatory report under this section shall be in a

manner and on forms prescribed by the department. At a minimum,

the report shall include the following information, as well as

anything additional required by regulation:

(1) Name, age, sex and address of the older adult.

(2) Name and address of the older adult's legal

representative or next of kin.

(3) Name and address of the facility, if applicable.

(4) Nature and location of the reported incident and any

specific comments or observations that are directly related

to the alleged incident and the older adult involved.

(5) Any relevant information known related to the

identity of the alleged perpetrator, including, but not

limited to, name, age, sex and relationship to the older

adult.

(6) Name of the individual making the report, contact

information for the reporter and information regarding any

actions taken by the reporter in response to the incident.

§ 6944. Mandatory reporter training.

Mandatory reporters shall be trained on the requirements to

report identified within this subchapter.

§ 6945. Coroner.

For a report under this section that concerns the death of an

older adult, if there is reasonable cause to suspect that the

older adult died as a result of abuse, neglect, exploitation or

abandonment, the area agency on aging shall give the oral report

and forward a copy of the written report to the appropriate

coroner within 24 hours.

§ 6946. Protecting identity of reporter and cooperating

witnesses.

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(a) Prohibition.--Except for disclosures to law enforcement

officials, the release of records that would identify the

individual who made a report under this subchapter or an

individual who cooperated in a subsequent investigation is

prohibited.

(b) Identity protection.--If records are provided pursuant

to court order, the identity of the reporter and cooperating

witnesses shall be deleted, unless otherwise ordered by the

court after an in-camera review.

SUBCHAPTER F

FINANCIAL INSTITUTIONS AND FIDUCIARIES

Sec.

6950. Financial institution employee training.

6951. Regulated financial institutions.

6952. Authority to prohibit disbursement of money and

transactions.

6953. Immunity.

6954. Release of nonpublic personal information.

§ 6950. Financial institution employee training.

Each financial institution with employees in this

Commonwealth, or with employees regularly engaging in financial

transactions with, or on behalf of, older adults in this

Commonwealth, shall adopt and implement a training program

developed by the department for the employees of the financial

institution to:

(1) identify activities that constitute the financial

exploitation of older adults;

(2) recognize financial exploitation of older adults;

(3) prevent and deter the financial exploitation of

older adults; and

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(4) respond to suspected cases of financial exploitation

of older adults.

§ 6951. Regulated financial institutions.

A financial institution subject to visitorial examination by

a regulatory authority that incorporates the training activities

required by section 6950 (relating to financial institution

employee training) into its employee training program to control

fraud and money laundering shall be deemed to be in compliance

with section 6950.

§ 6952. Authority to prohibit disbursement of money and

transactions.

The following apply:

(1) If a financial institution or fiduciary reasonably

believes that financial exploitation of an older adult may

have occurred, may have been attempted, or is being

attempted, pending an investigation by the financial

institution or fiduciary, the area agency on aging or a law

enforcement official, the financial institution or fiduciary

may, but is not required to, refuse to disburse money or

engage in a transaction as appropriate to prevent financial

exploitation of an older adult with respect to the account:

(i) of the older adult;

(ii) on which the older adult is a beneficiary,

including a trust or guardianship account; or

(iii) of a person suspected of perpetrating

financial exploitation of an older adult.

(2) A financial institution or fiduciary may, but is not

required to, refuse to disburse money or engage in a

transaction under this section if the area agency on aging or

a law enforcement official requests the financial institution

20170SB0899PN1906 - 28 -

to do so or provides information to the financial institution

demonstrating that it is reasonable to believe that financial

exploitation of an older adult may have occurred, may have

been attempted or is being attempted.

(3) A financial institution or fiduciary is not required

to refuse to disburse money or engage in a transaction when

provided with information alleging that financial

exploitation of an older adult may have occurred, may have

been attempted or is being attempted, but may use its

discretion to determine whether or not to refuse to disburse

money or engage in a transaction based on the information

available to the financial institution or fiduciary.

(4) Except as prohibited by Federal or State law, a

financial institution or fiduciary that refuses to disburse

money or engage in a transaction based on a reasonable belief

that financial exploitation of an older adult may have

occurred, may have been attempted, or is being attempted

shall:

(i) Make a reasonable effort to notify all parties

authorized to transact business on the account.

(ii) Report the incident to the area agency on aging

or law enforcement officials.

(5) Any refusal to disburse money or engage in a

transaction as authorized by this section based on the

reasonable belief of a financial institution or fiduciary

that financial exploitation of an older adult may have

occurred, may have been attempted or is being attempted shall

expire upon the sooner of:

(i) fifteen business days after the date on which

the financial institution or fiduciary first refused to

20170SB0899PN1906 - 29 -

disburse the money or engage in a transaction, unless

sooner terminated or extended by an order of a court of

competent jurisdiction, a law enforcement official, the

department, or the area agency on aging. An additional 30

business days shall be permitted, if requested by a law

enforcement official, the department or the area agency

on aging, or following the submission of an application

for a court order further extending the time period; or

(ii) the time when the financial institution or

fiduciary is satisfied that the disbursement will not

result in financial harm of an older adult.

(6) A court of competent jurisdiction may enter an order

extending the refusal by the financial institution to

disburse money based on a reasonable belief that financial

exploitation of an older adult may have occurred, may have

been attempted or is being attempted. A court of competent

jurisdiction may also order other protective relief as

authorized.

§ 6953. Immunity.

(a) Damages.--Except as provided by subsection (c), a

financial institution or fiduciary, and its directors, officers,

employees or agents shall not be subject to a claim for damages

or other civil or criminal liability for:

(1) The identification of or failure to identify the

financial exploitation of an older adult.

(2) A decision on whether to make a report under section

6940 (relating to voluntary reporting).

(3) A refusal to disburse money or engage in a

transaction under section 6952 (relating to authority to

prohibit disbursement of money and transactions) or a

20170SB0899PN1906 - 30 -

decision to allow the disbursement of money or the conduct of

a transaction under section 6952.

(4) The release of information to a law enforcement

agency, the department or the area agency on aging as

authorized by this chapter.

(b) Additional immunities and defense.--Notwithstanding any

other law to the contrary:

(1) The refusal by a financial institution to engage in

a transaction authorized under this subsection shall not

constitute the wrongful dishonor of an item under 13 Pa.C.S.

§ 4402 (relating to liability of bank to customer for

wrongful dishonor; time of determining insufficiency of

account).

(2) A reasonable belief that payment of a check will

facilitate the financial exploitation of an older adult shall

constitute reasonable grounds to doubt the collectibility of

the item for purposes of the Expedited Funds Availability Act

(Public Law 100-86, 12 U.S.C. § 4001 et seq.), the Check

Clearing for the 21st Century Act (Public Law 108-100, 12

U.S.C. § 5001 et seq.) and 12 CFR Pt. 229 (relating to

availability of funds and collection of checks (Regulation

CC)).

this section shall not apply to a director, officer, employee or

agent of a financial institution or fiduciary who has been found

to have engaged in financial exploitation of an older adult.

(d) Standing.--A financial institution, fiduciary or

mandatory reporter may initiate a proceeding in a court of

competent jurisdiction to obtain protective services for an

older adult in need of protective services, prohibit the

20170SB0899PN1906 - 31 -

disbursement of money or transactions that may result in the

financial exploitation of an older adult or request the review

of an order issued under this chapter or other law to protect an

older adult from suspected financial exploitation.

(e) Suspicious activity reports.--The department shall use

its best efforts to enter into a cooperative agreement with the

United States Department of the Treasury to receive or access

suspicious activity reports filed by financial institutions with

the United States Department of the Treasury. Except as

prohibited by Federal law, any other Commonwealth agency which

receives or is granted access to the reports from the United

States Department of the Treasury shall make the reports or

access to the reports available to the department to facilitate

the discharge of the department's duties under this chapter.

§ 6954. Release of nonpublic personal information.

A financial institution may release nonpublic personal

information when reporting a known or suspected instance of

financial exploitation of an older adult or when cooperating

with an area agency on aging or law enforcement official

investigation of known or suspected financial exploitation of an

older adult.

SUBCHAPTER G

CRIMINAL HISTORY

Sec.

6960. Criminal history.

§ 6960. Criminal history.

(a) General rule.--Prior to hiring or engaging an applicant,

a facility shall require the applicant, owner or operator to

submit the following information obtained within the preceding

one-year period:

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(1) Under 18 Pa.C.S. Ch. 91 (relating to criminal

history record information), a report of criminal history

record information from the Pennsylvania State Police or a

statement from the Pennsylvania State Police that its central

repository contains no information relating to the applicant.

(2) Federal criminal history record information pursuant

to applicable Federal law. The following apply:

(i) The department shall serve as the intermediary

under this section. The applicant shall submit a full set

of fingerprints to the Federal Bureau of Investigation in

a manner designated by the department.

(ii) Criminal history information shall be used by

the department to determine the applicant's eligibility

for employment with a facility. The employment

determination shall be provided to the facility and the

applicant prior to commencement of employment. The

facility shall ensure confidentiality of the information.

(3) Additional applicant information from a court or

other authority as required by the department and within the

time frame designated by the department. Failure to provide

the requested information within the time frame designated by

the department may result in employment ineligibility.

(b) Applicability.--The provisions of 18 Pa.C.S. § 9121(b)

(2) (relating to general regulations) shall not apply to

criminal history information or other criminal history record

information requested or received under subsection (a).

or out-of-State offenses similar in nature are prohibited, as

follows:

(1) Fifteen-year employment restriction. A facility may

20170SB0899PN1906 - 33 -

not hire or engage an applicant required to submit

information required under this chapter for a period of 15

years following the date of conviction if the applicant's

criminal history record information indicates the applicant

has been convicted of an offense or attempt, solicitation or

conspiracy to commit an offense under one of the following

provisions of 18 Pa.C.S. (relating to crimes and offenses):

Chapter 25 (relating to criminal homicide).

Chapter 26 (relating to crimes against unborn child).

Section 2702 (relating to aggravated assault).

Section 2713 (relating to neglect of care-dependent

person).

Section 2715 (relating to threat to use weapons of

mass destruction).

Section 2716 (relating to weapons of mass

destruction).

Section 2717 (relating to terrorism).

Section 2901 (relating to kidnapping).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126 (relating to indecent assault).

Section 3212 (relating to infanticide).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

20170SB0899PN1906 - 34 -

Section 4304 (relating to endangering welfare of

children).

Section 4305 (relating to dealing in infant

children).

Section 5510 (relating to abuse of corpse).

Section 6312 (relating to sexual abuse of children).

(2) Ten-year employment restriction. A facility shall

not hire or engage an applicant required to submit criminal

history information required under this chapter for a period

of 10 years from the date of conviction if the applicant's

criminal history record information indicates that the

applicant has been convicted of an offense or attempt,

solicitation or conspiracy to commit an offense under one of

the following provisions of 18 Pa.C.S.:

Two or more misdemeanors under section 2705 (relating

to recklessly endangering another person).

Section 2902 (relating to unlawful restraint).

Section 3127 (relating to indecent exposure).

Section 3301 (relating to arson and related

offenses).

Section 3502 (relating to burglary).

Section 3701 (relating to robbery).

A felony offense under Chapter 39 (relating to theft

and related offenses).

Two or more misdemeanors under Chapter 39.

Section 4101 (relating to forgery).

Section 4106 (relating to access device fraud).

Section 4114 (relating to securing execution of

documents by deception).

Section 4120 (relating to identity theft).

20170SB0899PN1906 - 35 -

Section 4952 (relating to intimidation of witnesses

or victims).

Section 4953 (relating to retaliation against

witness, victim or party).

A felony offense under section 5902(b) (relating to

prostitution and related offenses).

Section 5903(c) or (d) (relating to obscene and other

sexual materials and performances).

Section 6301 (relating to corruption of minors).

(3) Five-year employment restriction. A facility shall

not hire or engage an applicant required to submit criminal

history information required under this chapter for a period

of five years from the date of conviction if the applicant's

criminal history record information indicates that the

applicant has been convicted of an offense or attempt,

solicitation or conspiracy to commit an offense under one of

the following provisions:

(i) Any of the following provisions of 75 Pa.C.S.

(relating to vehicles):

Section 3735 (relating to homicide by vehicle

while driving under influence).

Section 3735.1 (relating to aggravated assault by

vehicle while driving under the influence).

Section 3742 (relating to accidents involving

death or personal injury).

A misdemeanor graded at the second degree or

higher under section 3802 (relating to driving under

influence of alcohol or controlled substance).

(ii) An offense designated as a felony under the act

of April 14, 1972 (P.L.233, No.64), known as The

20170SB0899PN1906 - 36 -

Controlled Substance, Drug, Device and Cosmetic Act.

(d) Exemptions.--A facility may hire an applicant subject to

an employment restriction under subsection (c) prior to the

expiration of the restriction period if the facility documents

the facility's consideration of information provided by the

applicant on an employer discretion form, related to the

following:

(i) nature of the crime;

(ii) facts surrounding the conviction;

(iii) time elapsed since the conviction;

(iv) the evidence of the individual's

rehabilitation; and

(v) the nature and requirements of the job.

(e) Penalties.--

(1) An administrator or employee who discloses a

conviction for an offense enumerated under subsection (c)

shall be subject to termination.

(2) An administrator or employee who willfully fails to

disclose a conviction for an offense enumerated under

subsection (c) shall be subject to termination and may be

subject to criminal prosecution under 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities).

(f) Provisional employees for limited periods.--The

following apply:

(1) An administrator may employ an applicant, other than

an applicant who is a direct care worker referred by a home

care registry to provide home care services to a consumer, on

a provisional basis for a single period not to exceed 90 days

if all of the following conditions are met:

(i) The applicant has applied for a criminal history

20170SB0899PN1906 - 37 -

report required under subsection (a)(1) and (2) and

provided the facility with a copy of the completed

request forms.

(ii) The facility has no knowledge about the

applicant that would disqualify the applicant from

provisional employment under 18 Pa.C.S. § 4911 (relating

to tampering with public records or information).

(iii) The applicant swears or affirms in writing

that the applicant is not disqualified from employment

under this subchapter.

(2) If the information obtained from the criminal

history report reveals that the applicant is disqualified

from employment, the applicant shall be terminated

immediately.

(g) Supervision.--The department shall develop guidelines

regarding the supervision of provisional employees. Supervision

shall include random direct supervision by an employee who has

been employed by the facility for a period of at least one year.

SUBCHAPTER H

REMEDIES

Sec.

6970. Penalties.

6971. Immunity from civil and criminal liability.

§ 6970. Penalties.

(a) Civil penalties.--

(1) A mandatory reporter who fails to comply or

obstructs compliance with the provisions of this chapter or

who intimidates or commits a retaliatory act against an

individual who complies in good faith with the provisions of

this chapter commits a violation of this chapter and shall be

20170SB0899PN1906 - 38 -

subject to an administrative penalty. The department shall

have jurisdiction to determine violations of this chapter and

may issue an order assessing a civil penalty of not more than

$5,000. An order under this paragraph is subject to 2 Pa.C.S.

Chs. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) and 7 Subch. A (relating to judicial

review of Commonwealth agency action).

(2) Each Commonwealth agency which licenses a facility

shall have jurisdiction regarding violations of section 6960

(relating to criminal history) and may issue an order

assessing a civil penalty not to exceed $5,000.

(3) An older adult or any person making a report or

cooperating with the area agency on aging, including

providing testimony in any administrative or judicial

proceeding, shall be free from any discriminatory,

retaliatory or disciplinary action by an employer or by any

other person. Any person who violates this paragraph shall be

subject to a civil action by the reporter or the older adult.

The reporter or older adult shall recover treble compensatory

damages, compensatory and punitive damages or $5,000,

whichever is greater.

(4) Any person, including the older adult, with

knowledge sufficient to justify making a report or

cooperating with the area agency on aging, including

providing testimony in any administrative or judicial

proceeding, shall be free from any intimidation by an

employer or by any other person. Any person who violates this

paragraph shall be subject to a civil action by the person

intimidated or the older adult. The person intimidated or the

older adult shall recover treble compensatory damages,

20170SB0899PN1906 - 39 -

compensatory and punitive damages or $5,000, whichever is

greater.

(b) Criminal penalties.--

(1) A mandatory reporter under this chapter who

intentionally fails to report suspected abuse, neglect,

exploitation or abandonment commits a summary offense for the

first violation and a misdemeanor of the second degree for a

second or subsequent violation and shall, upon conviction, be

sentenced to pay a fine of $5,000 or to imprisonment for not

more than one year, or both.

(2) A person who makes a false statement or

representation of a material fact in a report of need commits

a misdemeanor of the first degree and shall, upon conviction,

be sentenced to pay a fine of not more than $10,000 or to

imprisonment for not more than five years, or both.

(1) Any person participating in the making of a report

of need, or who provides testimony in any administrative or

judicial proceeding in any court of this Commonwealth arising

out of a report, shall be immune from any civil or criminal

liability on account of the report or testimony related to

good faith compliance with this chapter. This immunity shall

not extend to liability for acts of abuse, neglect,

exploitation or abandonment, even if the acts are the subject

of the report or testimony.

(2) An entity that employs a person required or

permitted to make a report under this chapter shall not be

held civilly liable for any action directly related to good

faith compliance with this chapter.

(d) Use.--Money collected under this chapter by the

20170SB0899PN1906 - 40 -

department shall be used for department programs to investigate

and prevent the abuse, neglect, exploitation and abandonment of

older adults.

§ 6971. Immunity from civil and criminal liability.

In the absence of willful misconduct or gross negligence, the

area agency on aging, the director, employees of the area agency

on aging, protective services workers or employees of the

department shall not be civilly or criminally liable for any

decision or action or resulting consequence of decisions or

action when acting under and according to the provisions of this

chapter.

SUBCHAPTER I

ADMINISTRATION

Sec.

6980. Funding.

6981. Regulations.

§ 6980. Funding.

Money necessary to administer this chapter shall be provided

by an annual appropriation by the General Assembly.

§ 6981. Regulations.

The department shall issue rules and regulations to carry out

this chapter and shall annually present to the General Assembly

a report on the program and services performed. State agencies

with oversight authority over entities impacted by this chapter

shall promulgate regulations necessary to assist the department

in implementing this chapter.

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 23

Pa.C.S. Ch. 69.

20170SB0899PN1906 - 41 -

(2) The act of November 6, 1987 (P.L.381, No.79), known

as the Older Adults Protective Services Act, is repealed.

Section 3. This act shall take effect as follows:

(1) The addition of 23 Pa.C.S. § 6911 shall take effect

in one year.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect in 180

days.

SECTION 1. TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 69

OLDER ADULTS PROTECTIVE SERVICES

SUBCHAPTER

A. PRELIMINARY PROVISIONS

B. DUTIES OF DEPARTMENT

C. DUTIES OF AREA AGENCIES ON AGING

D. PROTECTIVE SERVICES

E. REPORTING

F. FINANCIAL INSTITUTIONS AND FIDUCIARIES

G. CRIMINAL HISTORY

H. REMEDIES

I. ADMINISTRATION

SUBCHAPTER A

PRELIMINARY PROVISIONS

SEC.

6901. SCOPE OF CHAPTER.

6902. DEFINITIONS.

6903. INTENT.

§ 6901. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO OLDER ADULT PROTECTIVE SERVICES.

20170SB0899PN1906 - 42 -

<--

§ 6902. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"ABANDONMENT." THE DESERTION OF AN OLDER ADULT BY A

CARETAKER.

"ABUSE." THE OCCURRENCE OF ONE OR MORE OF THE FOLLOWING

ACTS:

(1) INFLICTION OF INJURY, UNREASONABLE CONFINEMENT,

INTIMIDATION OR PUNISHMENT RESULTING IN PHYSICAL HARM, PAIN

OR MENTAL ANGUISH.

(2) THE WILLFUL DEPRIVATION BY A CARETAKER OF GOODS OR

SERVICES WHICH ARE NECESSARY TO MAINTAIN PHYSICAL OR MENTAL

HEALTH.

(3) SEXUAL ABUSE, INCLUDING RAPE, INVOLUNTARY DEVIATE

SEXUAL INTERCOURSE, SEXUAL ASSAULT, AGGRAVATED INDECENT

ASSAULT, INDECENT ASSAULT OR INCEST.

(4) SEXUAL HARASSMENT, INCLUDING UNWELCOME SEXUAL

ADVANCES, REQUESTS FOR SEXUAL FAVORS AND OTHER UNWELCOME

VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.

"ADMINISTRATOR." THE PERSON RESPONSIBLE FOR THE MANAGEMENT

OF A FACILITY. THE TERM INCLUDES A PERSON RESPONSIBLE FOR

EMPLOYMENT DECISIONS OR AN INDEPENDENT CONTRACTOR RESPONSIBLE

FOR ADMINISTRATION OF A FACILITY.

"APPLICANT." AN INDIVIDUAL WHO SUBMITS AN APPLICATION WHICH

IS BEING CONSIDERED FOR EMPLOYMENT TO A FACILITY.

"AREA AGENCY ON AGING." THE SINGLE LOCAL AGENCY OR THE LOCAL

AGENCY'S AGENT DESIGNATED BY THE DEPARTMENT WITHIN EACH PLANNING

AND SERVICE AREA TO ADMINISTER THE DELIVERY OF PROTECTIVE

SERVICES.

20170SB0899PN1906 - 43 -

"ASSESSMENT." A DETERMINATION BASED UPON A COMPREHENSIVE

REVIEW OF AN OLDER ADULT'S SOCIAL, PHYSICAL AND PSYCHOLOGICAL

STATUS ALONG WITH A DESCRIPTION OF THE PERSON'S CURRENT

RESOURCES AND NEEDS USING THE INSTRUMENTS AND PROCEDURES

ESTABLISHED BY THE DEPARTMENT.

"CARE." SERVICES PROVIDED TO MEET AN OLDER ADULT'S NEED FOR

PERSONAL CARE OR HEALTH CARE WHICH REQUIRE INTERACTION WITH THE

OLDER ADULT.

"CARE-DEPENDENT INDIVIDUAL." AN ADULT WHO, DUE TO PHYSICAL

OR COGNITIVE DISABILITY OR IMPAIRMENT, REQUIRES ASSISTANCE TO

MEET NEEDS FOR FOOD, SHELTER, CLOTHING, PERSONAL CARE OR HEALTH

CARE.

"CARETAKER." A PERSON THAT HAS ASSUMED THE RESPONSIBILITY

FOR THE PROVISION OF CARE NEEDED TO MAINTAIN THE PHYSICAL OR

MENTAL HEALTH OF AN OLDER ADULT. THIS RESPONSIBILITY MAY ARISE

VOLUNTARILY, BY CONTRACT, BY RECEIPT OF PAYMENT FOR CARE, AS A

RESULT OF FAMILIAL RELATIONSHIP, OR BY ORDER OF A COURT OF

COMPETENT JURISDICTION.

"DEPARTMENT." THE DEPARTMENT OF AGING OF THE COMMONWEALTH.

"EMPLOYEE." AN INDIVIDUAL WHO:

(1) ANY OF THE FOLLOWING:

(I) IS EMPLOYED BY A FACILITY;

(II) ENTERS INTO A CONTRACTUAL RELATIONSHIP WITH A

FACILITY, CONSUMER, CONSUMER'S FAMILY OR LEGAL

REPRESENTATIVE TO PROVIDE CARE TO AN OLDER ADULT; OR

(III) IS A STUDENT DOING AN INTERNSHIP OR CLINICAL

ROTATION OR ANY OTHER INDIVIDUAL WHO HAS BEEN GRANTED

ACCESS TO THE FACILITY TO PERFORM A CLINICAL SERVICE FOR

A FEE; AND

(2) HAS UNSUPERVISED ACCESS TO THE OLDER ADULT OR THE

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OLDER ADULT'S LIVING QUARTERS, RESOURCES OR PERSONAL RECORDS,

INCLUDING EMPLOYEES OF AFFILIATED CORPORATE ENTITIES.

"EXPLOITATION." AN ACT OR COURSE OF CONDUCT BY A CARETAKER

OR OTHER PERSON AGAINST AN OLDER ADULT OR AN OLDER ADULT'S

RESOURCES WITHOUT THE INFORMED CONSENT OF THE OLDER ADULT OR

WITH CONSENT OBTAINED THROUGH MISREPRESENTATION, COERCION OR

THREATS OF FORCE, RESULTS IN MONETARY, PERSONAL OR OTHER

BENEFIT, GAIN OR PROFIT FOR THAT CARETAKER OR PERSON, OR

MONETARY OR PERSONAL LOSS TO THE OLDER ADULT.

"FACILITY." ANY OF THE FOLLOWING:

(1) DOMICILIARY CARE AS DEFINED IN SECTION 2202-A OF THE

ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE

ADMINISTRATIVE CODE OF 1929.

(2) AN ASSISTED LIVING RESIDENCE AS DEFINED IN SECTION

1001 OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS

THE HUMAN SERVICES CODE.

(3) A PERSONAL CARE HOME AS DEFINED IN SECTION 1001 OF

THE HUMAN SERVICES CODE.

(4) THE FOLLOWING ENTITIES 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:

(I) A HOME CARE AGENCY.

(II) A HOME CARE REGISTRY.

(III) A HOME HEALTH CARE AGENCY.

(IV) A HOSPICE.

(V) A LONG-TERM CARE NURSING FACILITY.

(5) AN OLDER ADULT DAILY LIVING CENTER AS DEFINED IN

SECTION 2 OF THE ACT OF JULY 11, 1990 (P.L.499, NO.118),

KNOWN AS THE OLDER ADULT DAILY LIVING CENTERS LICENSING ACT.

(6) A PACE PROVIDER AS DEFINED IN SECTION 1894 OF THE

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SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1395EEE).

(7) ANY OTHER PUBLIC OR PRIVATE ORGANIZATION OR ENTITY,

OR PART OF AN ORGANIZATION OR ENTITY, THAT USES PUBLIC FUNDS

AND IS PAID, IN PART, TO PROVIDE CARE TO CARE-DEPENDENT

INDIVIDUALS.

"FIDUCIARY." A GUARDIAN, CUSTODIAN, TRUSTEE, AGENT, PERSONAL

REPRESENTATIVE OR OTHER PERSON AUTHORIZED OR REQUIRED TO ACT ON

BEHALF OF AN OLDER ADULT.

"FINANCIAL EXPLOITATION." ANY OF THE FOLLOWING:

(1) THE WRONGFUL OR UNAUTHORIZED TAKING, WITHHOLDING,

APPROPRIATION OR USE OF MONEY, ASSETS OR PROPERTY OF AN OLDER

ADULT.

(2) AN ACT OR OMISSION TAKEN BY A PERSON, INCLUDING

THROUGH THE USE OF A POWER OF ATTORNEY, GUARDIANSHIP OR

CONSERVATORSHIP OF AN OLDER ADULT, TO:

(I) OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION

OR UNDUE INFLUENCE, OVER THE OLDER ADULT'S MONEY, ASSETS

OR PROPERTY TO DEPRIVE THE OLDER ADULT OF THE OWNERSHIP,

USE, BENEFIT OR POSSESSION OF THE OLDER ADULT'S MONEY,

ASSETS OR PROPERTY; OR

(II) UNLAWFULLY CONVERT MONEY, ASSETS OR PROPERTY OF

THE OLDER ADULT TO DEPRIVE THE OLDER ADULT OF THE

OWNERSHIP, USE, BENEFIT OR POSSESSION OF THE OLDER

ADULT'S MONEY, ASSETS OR PROPERTY.

"FINANCIAL SERVICES PROVIDER." ANY OF THE FOLLOWING:

(1) A DEPOSITORY INSTITUTION OR AFFILIATE OF A

DEPOSITORY INSTITUTION AS THOSE TERMS ARE DEFINED IN SECTION

3 OF THE FEDERAL DEPOSIT INSURANCE ACT (64 STAT. 873, 12

U.S.C. § 1813).

(2) A CREDIT UNION ELIGIBLE FOR INSURANCE OF MEMBER

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ACCOUNTS UNDER THE FEDERAL CREDIT UNION ACT (48 STAT. 1216,

12 U.S.C. § 1751 ET SEQ.).

(3) A BROKER-DEALER AS DEFINED IN SECTION 102(E) OF THE

ACT OF DECEMBER 5, 1972 (P.L.1280, NO.284), KNOWN AS THE

PENNSYLVANIA SECURITIES ACT OF 1972.

(4) AN INVESTMENT ADVISER AS DEFINED IN SECTION 102(J)

OF THE PENNSYLVANIA SECURITIES ACT OF 1972.

(5) AN AGENT AS DEFINED IN SECTION 102(C) OF THE

PENNSYLVANIA SECURITIES ACT OF 1972.

(6) AN INVESTMENT ADVISOR REPRESENTATIVE AS DEFINED IN

SECTION 102(J.1) OF THE PENNSYLVANIA SECURITIES ACT OF 1972.

(7) A LICENSEE AS DEFINED IN SECTION 2 OF THE ACT OF MAY

15, 1933 (P.L.565, NO.111), KNOWN AS THE DEPARTMENT OF

BANKING AND SECURITIES CODE, OR A SIMILAR ENTITY.

(8) A BUSINESS OR AGENCY THAT ENGAGES IN AN ACTIVITY

WHICH THE DEPARTMENT DETERMINES, BY REGULATION, TO BE AN

ACTIVITY THAT IS SIMILAR TO, RELATED TO OR A SUBSTITUTE FOR

AN ACTIVITY CONDUCTED BY A BUSINESS DESCRIBED IN PARAGRAPH

(1), (2), (3), (4), (5), (6) OR (7).

"HEALTH CARE PROVIDER." A LICENSED HOSPITAL OR HEALTH CARE

FACILITY OR PERSON WHO IS LICENSED, CERTIFIED OR OTHERWISE

REGULATED TO PROVIDE HEALTH CARE SERVICES UNDER THE LAWS OF THIS

COMMONWEALTH, INCLUDING A PHYSICIAN, PODIATRIST, OPTOMETRIST,

PSYCHOLOGIST, PHYSICAL THERAPIST, CERTIFIED NURSE PRACTITIONER,

REGISTERED NURSE, NURSE MIDWIFE, PHYSICIAN'S ASSISTANT,

CHIROPRACTOR, DENTIST, PHARMACIST OR AN INDIVIDUAL ACCREDITED OR

CERTIFIED TO PROVIDE BEHAVIORAL HEALTH SERVICES.

"HOME CARE WORKER." AN INDIVIDUAL EMPLOYED BY A HOME CARE

AGENCY, REFERRED BY A HOME CARE REGISTRY OR LISTED ON THE HOME

CARE WORKER DIRECTORY TO PROVIDE ANY OF THE FOLLOWING SERVICES:

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(1) PERSONAL CARE.

(2) ASSISTANCE WITH INSTRUMENTAL ACTIVITIES OF DAILY

LIVING.

(3) COMPANIONSHIP SERVICES FOR THE LIMITED PURPOSES OF

PROVIDING SUPERVISION AND MINIMAL ASSISTANCE THAT IS FOCUSED

SOLELY ON THE HEALTH AND SAFETY OF THE INDIVIDUAL.

(4) RESPITE CARE TO SUPPORT AN INDIVIDUAL ON A SHORT-

TERM BASIS.

(5) ACTIVITIES TO SUPPORT AN INDIVIDUAL WITH ACQUIRING,

MAINTAINING OR IMPROVING SKILLS IN HOME-BASED AND COMMUNITY-

BASED SETTINGS, INCLUDING WITH EMPLOYMENT.

"INTIMIDATION." AN ACT OR OMISSION BY A PERSON TOWARD

ANOTHER PERSON THAT OBSTRUCTS, IMPEDES, IMPAIRS, PREVENTS OR

INTERFERES WITH THE ADMINISTRATION OF THIS CHAPTER OR OTHER LAW

INTENDED TO PROTECT OLDER ADULTS FROM MISTREATMENT.

"LAW ENFORCEMENT OFFICIAL." ANY OF THE FOLLOWING:

(1) A POLICE OFFICER OF A MUNICIPALITY.

(2) A DISTRICT ATTORNEY.

(3) A PENNSYLVANIA STATE POLICE OFFICER.

(4) THE ATTORNEY GENERAL.

(5) AN AGENT OF THE DEPARTMENT OF JUSTICE AND OTHER

FEDERAL LAW ENFORCEMENT AGENCIES, WHO POSSESSES LAW

ENFORCEMENT POWERS AND DUTIES.

"MANDATORY REPORTER." ANY OF THE FOLLOWING:

(1) ADMINISTRATORS AND EMPLOYEES OF A FACILITY.

(2) HEALTH CARE PROVIDERS.

(3) A LAW ENFORCEMENT OFFICIAL.

"NEGLECT." THE FAILURE TO PROVIDE FOR ONESELF OR THE FAILURE

OF A CARETAKER TO PROVIDE GOODS OR SERVICES ESSENTIAL TO AVOID A

CLEAR AND SERIOUS THREAT TO PHYSICAL OR MENTAL HEALTH. AN OLDER

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ADULT WHO DOES NOT CONSENT TO THE PROVISION OF PROTECTIVE

SERVICES MAY NOT BE FOUND TO BE NEGLECTED SOLELY ON THE GROUNDS

OF ENVIRONMENTAL FACTORS WHICH ARE BEYOND THE CONTROL OF THE

OLDER ADULT OR THE CARETAKER, SUCH AS INADEQUATE HOUSING,

FURNISHINGS, INCOME, CLOTHING OR MEDICAL CARE.

"OLDER ADULT." AN INDIVIDUAL WITHIN THE JURISDICTION OF THE

COMMONWEALTH WHO IS 60 YEARS OF AGE OR OLDER.

"OLDER ADULT IN NEED OF PROTECTIVE SERVICES." AN

INCAPACITATED OLDER ADULT WHO IS UNABLE TO PERFORM OR OBTAIN

SERVICES THAT ARE NECESSARY TO MAINTAIN PHYSICAL OR MENTAL

HEALTH, FOR WHOM THERE IS NO RESPONSIBLE CARETAKER AND WHO IS AT

IMMINENT RISK OF DANGER TO SELF OR PROPERTY.

"PROTECTIVE SERVICES." THOSE ACTIVITIES, RESOURCES AND

SUPPORTS PROVIDED TO OLDER ADULTS UNDER THIS CHAPTER TO DETECT,

PREVENT, REDUCE OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION AND

ABANDONMENT.

"RECIPIENT." AN INDIVIDUAL WHO RECEIVES CARE, SERVICES OR

TREATMENT IN OR FROM A FACILITY.

"SERIOUS BODILY INJURY." INJURY WHICH CREATES A SUBSTANTIAL

RISK OF DEATH OR WHICH CAUSES SERIOUS DISFIGUREMENT OF A BODY

PART OR ORGAN, PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF

A BODY MEMBER OR ORGAN OR SEVERE PAIN. THE TERM DOES NOT INCLUDE

AN ISOLATED ACCIDENTAL INJURY SELF-INFLICTED BY AN OLDER ADULT.

"SERVICE PLAN." AS FOLLOWS:

(1) A WRITTEN PLAN DEVELOPED BY AN AREA AGENCY ON AGING

ON THE BASIS OF A COMPREHENSIVE ASSESSMENT OF AN OLDER ADULT

THAT DESCRIBES IDENTIFIED NEEDS, GOALS TO BE ACHIEVED AND

SPECIFIC SERVICES DESIGNED TO SUPPORT GOAL ATTAINMENT, WHICH

INCLUDES REGULAR FOLLOW-UP AND PREDETERMINED REASSESSMENT OF

PROGRESS.

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(2) AS USED IN THIS DEFINITION, SPECIFIC SERVICES

DESIGNED TO SUPPORT GOAL ATTAINMENT MAY INCLUDE HOMEMAKER

SERVICES, HOME-DELIVERED MEALS, PERSONAL CARE, OTHER IN-HOME

SERVICES, EMERGENCY SHELTER OR FOOD, LEGAL AID SERVICES AND

TRANSPORTATION SERVICES.

(3) SERVICE PLANS SHALL BE COOPERATIVELY DEVELOPED BY

AREA AGENCY ON AGING STAFF, THE OLDER ADULT OR THE OLDER

ADULT'S LEGAL REPRESENTATIVE AND OTHER FAMILY MEMBERS, IF

APPROPRIATE.

(4) THE SERVICE PLAN SHALL ADDRESS SPECIAL NEEDS OF

OTHER MEMBERS OF THE HOUSEHOLD UNIT IF THEY AFFECT THE OLDER

ADULT'S NEED FOR PROTECTIVE SERVICES.

"SUSPICIOUS DEATH." A DEATH WHICH IS UNEXPECTED WITH

UNEXPLAINED CIRCUMSTANCES OR CAUSE.

§ 6903. INTENT.

IT IS NOT THE INTENT OF THIS CHAPTER TO IMPOSE RESPONSIBILITY

ON AN INDIVIDUAL IF THE RESPONSIBILITY WOULD NOT OTHERWISE EXIST

IN LAW.

SUBCHAPTER B

DUTIES OF DEPARTMENT

SEC.

6910. PUBLIC EDUCATION.

6911. INTERDEPARTMENTAL CONSULTATION.

6912. TRAINING REQUIRED.

6913. CONFIDENTIALITY.

6914. SCHEDULE AND ANNUAL PLAN.

§ 6910. PUBLIC EDUCATION.

THE DEPARTMENT SHALL CONDUCT AN ONGOING CAMPAIGN DESIGNED TO

INFORM AND EDUCATE OLDER ADULTS, PROFESSIONALS AND THE GENERAL

PUBLIC ABOUT THE NEED FOR AND THE AVAILABILITY OF PROTECTIVE

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SERVICES UNDER THIS CHAPTER.

§ 6911. INTERDEPARTMENTAL CONSULTATION.

THE FOLLOWING APPLY:

(1) THE DEPARTMENT SHALL CONSULT WITH OTHER COMMONWEALTH

AGENCIES ON THE DESIGN AND IMPLEMENTATION OF THE ONGOING

PUBLIC AWARENESS CAMPAIGN.

(2) THE DEPARTMENT SHALL CONSIDER THE CONCERNS OF AREA

AGENCIES ON AGING ON THE DESIGN AND IMPLEMENTATION OF THE

ONGOING PUBLIC AWARENESS CAMPAIGN.

§ 6912. TRAINING REQUIRED.

(A) STANDARDS.--THE DEPARTMENT SHALL ESTABLISH MINIMUM

STANDARDS OF EXPERIENCE AND TRAINING THAT PROTECTIVE SERVICES

PROVIDERS RECEIVING MONEY FROM THE DEPARTMENT SHALL BE REQUIRED

TO FOLLOW IN THE SELECTION AND ASSIGNMENT OF EMPLOYEES FOR THE

PROVISION OF PROTECTIVE SERVICES.

(B) MANDATORY REPORTERS.--THE DEPARTMENT SHALL ESTABLISH A

TRAINING PROGRAM FOR MANDATORY REPORTERS TO INFORM EMPLOYEES

ABOUT THE REQUIREMENT TO REPORT UNDER THIS CHAPTER.

§ 6913. CONFIDENTIALITY.

THE DEPARTMENT SHALL ESTABLISH METHODS WHICH SHALL BE USED BY

AN AREA AGENCY ON AGING, ITS DESIGNEES AND ITS SERVICE PROVIDERS

TO ENSURE THE PRIVACY OF OLDER ADULTS RECEIVING SERVICES AND THE

CONFIDENTIALITY OF ALL RECORDS.

§ 6914. SCHEDULE AND ANNUAL PLAN.

(A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH A

SCHEDULE FOR THE SUBMISSION AND APPROVAL OF THE PLANS ASSOCIATED

WITH THE DEVELOPMENT OF TRAINING PROVIDED IN SECTION 6912

(RELATING TO TRAINING REQUIRED).

(B) PROTECTIVE SERVICES PLAN.--EACH AREA AGENCY ON AGING

SHALL INCLUDE A PROTECTIVE SERVICES PLAN AS PART OF ITS ANNUAL

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PLAN. THE PLAN SHALL DESCRIBE THE LOCAL IMPLEMENTATION OF THIS

CHAPTER, INCLUDING THE ORGANIZATION, STAFFING, MODE OF

OPERATIONS AND FINANCING OF PROTECTIVE SERVICES AND THE

PROVISIONS MADE FOR THE PURCHASE OF SERVICES, INTERAGENCY

RELATIONS, INTERAGENCY AGREEMENTS, SERVICE REFERRAL MECHANISMS

AND LOCUS OF RESPONSIBILITY FOR CASES WITH MULTISERVICE AGENCY

NEEDS. THE PLAN SHALL INCLUDE A LIST OF EACH PUBLIC OR PRIVATE

ENTITY THAT HAS BEEN IDENTIFIED BY THE AREA AGENCY ON AGING AS

HAVING SUBSTANTIAL CONTACT WITH POTENTIAL VICTIMS OR

PERPETRATORS OF ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT.

THE LIST SHALL BE SUBMITTED TO THE DEPARTMENT FOR PURPOSES OF

THE PUBLIC EDUCATION CAMPAIGN UNDER SECTION 6910 (RELATING TO

PUBLIC EDUCATION).

SUBCHAPTER C

DUTIES OF AREA AGENCIES ON AGING

SEC.

6920. RECEIPT OF REPORTS.

6921. INVESTIGATIONS.

6922. INVESTIGATIONS INVOLVING FACILITIES.

6923. INVESTIGATIONS INVOLVING LAW ENFORCEMENT OFFICIALS.

6924. ACCESS TO OLDER ADULTS.

6925. ACCESS TO RECORDS.

6926. RIGHTS OF OLDER ADULTS.

6927. CONFIDENTIALITY STANDARDS REQUIRED.

6928. AVAILABILITY OF PROTECTIVE SERVICES.

§ 6920. RECEIPT OF REPORTS.

THE AREA AGENCY ON AGING MUST BE CAPABLE OF RECEIVING REPORTS

OF OLDER ADULTS IN NEED OF PROTECTIVE SERVICES AT ALL TIMES.

THIS CAPABILITY MAY INCLUDE THE USE OF A LOCAL EMERGENCY

RESPONSE SYSTEM OR A CRISIS INTERVENTION AGENCY, IF ACCESS CAN

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BE MADE TO A PROTECTIVE SERVICES CASEWORKER IN APPROPRIATE

EMERGENCY SITUATIONS, AS SET FORTH IN REGULATIONS ISSUED BY THE

DEPARTMENT. ALL REPORTS RECEIVED ORALLY SHALL BE DOCUMENTED IN A

MANNER SET FORTH BY THE DEPARTMENT.

§ 6921. INVESTIGATIONS.

(A) DUTY.--AN AREA AGENCY ON AGING SHALL INVESTIGATE EACH

REPORT IN ACCORDANCE WITH REGULATIONS ISSUED BY THE DEPARTMENT.

THE INVESTIGATION SHALL BE INITIATED WITHIN 72 HOURS AFTER THE

RECEIPT OF THE REPORT AND SHALL BE CARRIED OUT UNDER REGULATIONS

ISSUED BY THE DEPARTMENT. THE REGULATIONS SHALL PROVIDE FOR THE

METHODS OF CONDUCTING INVESTIGATIONS AND SHALL ENSURE THAT STEPS

ARE TAKEN TO AVOID A CONFLICT OF INTEREST. CONSENT OF THE OLDER

ADULT IS NOT REQUIRED IN ORDER TO BEGIN TO INVESTIGATE REPORTS

OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT. THE DEPARTMENT

AND ANY OTHER COMMONWEALTH AGENCY SHALL SHARE INFORMATION WITH

EACH OTHER AND WITH MANDATORY REPORTERS, FIDUCIARIES AND

FINANCIAL INSTITUTIONS AS NECESSARY TO ENSURE THE HEALTH, SAFETY

AND WELFARE OF THE OLDER ADULT AND TO ASSIST FINANCIAL

INSTITUTIONS AND FIDUCIARIES IN EXERCISING THE FINANCIAL

INSTITUTION'S AND FIDUCIARIES' AUTHORITY TO PROHIBIT

DISBURSEMENT OF FUNDS AND TRANSACTIONS AS PROVIDED BY SECTION

6952 (RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

(B) CLOSURE.--IF AFTER INVESTIGATION BY THE AREA AGENCY ON

AGING THE REPORT IS UNSUBSTANTIATED, THE CASE SHALL BE CLOSED

AND ALL INFORMATION IDENTIFYING THE REPORTER AND THE ALLEGED

PERPETRATOR SHALL BE IMMEDIATELY DELETED FROM ALL RECORDS. FOR

PURPOSES OF SUBSTANTIATING A PATTERN OF ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT, THE NAME OF THE ALLEGED VICTIM AND

ANY INFORMATION DESCRIBING THE ALLEGED ACT OF ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT MAY BE MAINTAINED FOR A PERIOD OF

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SIX MONTHS UNDER PROCEDURES ESTABLISHED BY THE DEPARTMENT.

THE AREA AGENCY ON AGING OR IF AN ASSESSMENT IS NECESSARY IN

ORDER TO DETERMINE WHETHER OR NOT THE REPORT IS SUBSTANTIATED,

THE AREA AGENCY ON AGING SHALL PROVIDE FOR A TIMELY ASSESSMENT

IF THE OLDER ADULT CONSENTS TO AN ASSESSMENT. UPON COMPLETION OF

THE ASSESSMENT, WRITTEN FINDINGS SHALL BE PREPARED WHICH SHALL

INCLUDE RECOMMENDED ACTION. THE SERVICE PLAN SHALL PROVIDE FOR

THE LEAST RESTRICTIVE ALTERNATIVE, ENCOURAGING SELF-

DETERMINATION AND CONTINUITY OF CARE, SHALL BE IN WRITING AND

SHALL INCLUDE A RECOMMENDED COURSE OF ACTION, WHICH MAY INCLUDE

THE PURSUIT OF CIVIL OR CRIMINAL REMEDIES. IF AN OLDER ADULT

FOUND TO BE IN NEED OF PROTECTIVE SERVICES DOES NOT CONSENT TO

AN ASSESSMENT OR THE DEVELOPMENT OF A SERVICE PLAN, THE AREA

AGENCY ON AGING MAY APPLY THE PROVISIONS OF SECTION 6933

(RELATING TO INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER)

TO THE CASE.

(D) ENVIRONMENTAL FACTORS.--AN OLDER ADULT MAY NOT BE FOUND

TO BE ABUSED SOLELY ON THE GROUNDS OF ENVIRONMENTAL FACTORS THAT

ARE BEYOND THE CONTROL OF THE OLDER ADULT OR THE CARETAKER, SUCH

AS INADEQUATE HOUSING, FURNISHINGS, INCOME, CLOTHING OR MEDICAL

CARE.

§ 6922. INVESTIGATIONS INVOLVING FACILITIES.

IF THE REPORT CONCERNS A FACILITY, THE AREA AGENCY ON AGING

SHALL NOTIFY THE LOCAL OMBUDSMAN AND THE LICENSING AGENCY.

INVESTIGATIONS CONCERNING FACILITIES SHALL BE CONDUCTED UNDER

PROCEDURES DEVELOPED BY THE DEPARTMENT IN CONSULTATION WITH THE

COMMONWEALTH AGENCY WITH OVERSIGHT AUTHORITY FOR THE FACILITY.

THE DEPARTMENT AND ANY OTHER COMMONWEALTH AGENCY SHALL SHARE

INFORMATION WITH EACH OTHER AND WITH MANDATORY REPORTERS,

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FIDUCIARIES AND FINANCIAL INSTITUTIONS AS NECESSARY TO ENSURE

THE HEALTH, SAFETY AND WELFARE OF THE OLDER ADULT AND TO ASSIST

FINANCIAL INSTITUTIONS AND FIDUCIARIES IN EXERCISING THE

FINANCIAL INSTITUTION'S AND FIDUCIARIES' AUTHORITY TO PROHIBIT

DISBURSEMENT OF FUNDS AND TRANSACTIONS AS PROVIDED BY SECTION

6952 (RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

FACILITIES SHALL TAKE REASONABLE STEPS TO PROTECT OLDER ADULTS

FOLLOWING RECEIPT OF A REPORT OF SUSPECTED ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT INVOLVING AN EMPLOYEE, INCLUDING A

PLAN OF SUPERVISION OR SUSPENSION.

§ 6923. INVESTIGATIONS INVOLVING LAW ENFORCEMENT OFFICIALS.

THE FOLLOWING SHALL APPLY:

(1) TO THE EXTENT POSSIBLE, LAW ENFORCEMENT OFFICIALS,

THE AREA AGENCY ON AGING AND OTHER MANDATORY REPORTERS SHALL

COORDINATE RESPECTIVE INVESTIGATIONS AND SHALL ADVISE EACH

OTHER AND PROVIDE APPLICABLE ADDITIONAL INFORMATION ON AN

ONGOING BASIS.

(2) UPON RECEIVING A REPORT OF ANY OF THE FOLLOWING, THE

AREA AGENCY ON AGING SHALL IMMEDIATELY NOTIFY A LAW

ENFORCEMENT OFFICIAL:

(I) SUSPICIOUS DEATH.

(II) SERIOUS BODILY INJURY.

(III) SEXUAL ABUSE.

(3) (I) FOLLOWING A REFERRAL TO A LAW ENFORCEMENT

OFFICIAL, THE AREA AGENCY ON AGING SHALL CONTACT A LAW

ENFORCEMENT OFFICIAL TO OBTAIN INFORMATION ABOUT ACTIONS

TAKEN AND THE OUTCOMES, INCLUDING ANY DECISIONS REGARDING

CRIMINAL CHARGES, AND THE LAW ENFORCEMENT OFFICIAL SHALL

PROVIDE THE INFORMATION TO THE EXTENT THAT THE

INFORMATION IS AVAILABLE.

20170SB0899PN1906 - 55 -

(II) THE AREA AGENCY ON AGING SHALL REPORT THE

INFORMATION UNDER SUBPARAGRAPH (I) TO THE DEPARTMENT IN A

MANNER PRESCRIBED BY THE DEPARTMENT.

§ 6924. ACCESS TO OLDER ADULTS.

(A) GENERAL RULE.--THE FOLLOWING APPLY:

(1) THE AREA AGENCY ON AGING SHALL HAVE ACCESS TO OLDER

ADULTS WHO HAVE BEEN REPORTED TO BE IN NEED OF PROTECTIVE

SERVICES IN ORDER TO:

(I) INVESTIGATE REPORTS.

(II) ASSESS NEEDS OF THE OLDER ADULT AND DEVELOP A

SERVICE PLAN FOR ADDRESSING THOSE NEEDS.

(III) PROVIDE FOR THE DELIVERY OF SERVICES BY THE

AREA AGENCY ON AGING OR OTHER SERVICE PROVIDER AS

PROVIDED FOR UNDER THE SERVICE PLAN.

(2) IF THE AREA AGENCY ON AGING IS DENIED ACCESS TO AN

OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE SERVICES,

THE AREA AGENCY ON AGING MAY PETITION THE COURT FOR AN ORDER

TO REQUIRE THE APPROPRIATE ACCESS WHEN EITHER OF THE

FOLLOWING CONDITIONS APPLY:

(I) THE CARETAKER OR A THIRD PARTY HAS INTERFERED

WITH THE COMPLETION OF THE INVESTIGATION, THE ASSESSMENT

AND SERVICE PLAN OR THE DELIVERY OF SERVICES.

(II) THE AREA AGENCY ON AGING CAN DEMONSTRATE THAT

THE OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE

SERVICES IS DENYING ACCESS BECAUSE OF COERCION, EXTORTION

OR JUSTIFIABLE FEAR OF FUTURE ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT.

(B) PETITION.--THE AREA AGENCY ON AGING MAY PETITION THE

COURT FOR AN ORDER TO REQUIRE ANY OF THE FOLLOWING:

(1) ACCESS TO THE OLDER ADULT.

20170SB0899PN1906 - 56 -

(2) A PHYSICAL HEALTH EVALUATION OF THE OLDER ADULT.

(3) A BEHAVIORAL HEALTH EVALUATION OF THE OLDER ADULT.

§ 6925. ACCESS TO RECORDS.

(A) AREA AGENCY ON AGING ACCESS.--THE AREA AGENCY ON AGING

SHALL, SUBJECT TO THE CONSENT OF THE OLDER ADULT, HAVE ACCESS TO

ALL RECORDS FOR THE PURPOSES OF:

(1) ASSESSING AN OLDER ADULT'S NEED FOR SERVICES.

(2) PLANNING AND DELIVERY OF SERVICES.

(3) INVESTIGATING REPORTS.

(B) REFUSAL.--IF THE AREA AGENCY ON AGING IS DENIED ACCESS

TO RECORDS NECESSARY FOR THE COMPLETION OF A PROPER

INVESTIGATION OF A REPORT, ASSESSMENT OR SERVICE PLAN, OR THE

DELIVERY OF NEEDED SERVICES IN ORDER TO PREVENT FURTHER ABUSE,

NEGLECT, EXPLOITATION OR ABANDONMENT OF THE OLDER ADULT REPORTED

TO BE IN NEED OF PROTECTIVE SERVICES, THE AGENCY MAY PETITION

THE COURT OF COMMON PLEAS FOR AN ORDER REQUIRING THE APPROPRIATE

ACCESS WHEN EITHER OF THE FOLLOWING CONDITIONS APPLY:

(1) THE OLDER ADULT HAS PROVIDED WRITTEN CONSENT FOR ANY

CONFIDENTIAL RECORDS TO BE DISCLOSED AND THE KEEPER OF THE

RECORDS DENIES ACCESS.

(2) THE AGENCY CAN DEMONSTRATE THAT THE OLDER ADULT IS

DENYING ACCESS TO RECORDS BECAUSE OF INCOMPETENCE, COERCION,

EXTORTION OR JUSTIFIABLE FEAR OF FUTURE ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT.

PRIVATE ORGANIZATIONS, FINANCIAL INSTITUTIONS, FIDUCIARIES,

MEDICAL INSTITUTIONS AND PRACTITIONERS AND PERSONS REASONABLY

SUSPECTED OF ENGAGING IN OR FACILITATING THE ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT OF AN OLDER ADULT, WHICH THE AREA

AGENCY ON AGING REASONABLY BELIEVES TO BE NECESSARY TO COMPLETE

20170SB0899PN1906 - 57 -

AN INVESTIGATION OR ASSESSMENT AND SERVICE PLAN, SHALL BE

REQUESTED IN WRITTEN FORM AND MADE AVAILABLE TO THE AREA AGENCY

ON AGING UNLESS THE DISCLOSURE IS PROHIBITED BY ANY OTHER

PROVISION OF FEDERAL OR STATE LAW. EXCEPT AS PROVIDED BY A COURT

ORDER, ACCESS TO FINANCIAL RECORDS SHALL BE LIMITED TO RECORDS

RELATING TO THE MOST RECENT TRANSACTION OR TRANSACTIONS THAT MAY

COMPRISE FINANCIAL EXPLOITATION, NOT TO EXCEED 60 CALENDAR DAYS

PRIOR TO THE FIRST TRANSACTION THAT WAS REPORTED OR 60 CALENDAR

DAYS AFTER THE LAST TRANSACTION THAT WAS REPORTED.

(D) COMPENSATION.--THE AREA AGENCY ON AGING OR THE

DEPARTMENT MAY COMPENSATE A PERSON REQUESTED OR ORDERED TO

PROVIDE RECORDS TO THE AREA AGENCY ON AGING FOR THE REASONABLE

COSTS OF PRODUCING RECORDS IN A MANNER CONSISTENT WITH THE

REQUIREMENTS OF SECTION 1115(A) OF THE RIGHT TO FINANCIAL

PRIVACY ACT OF 1978 (PUBLIC LAW 95-630, 12 U.S.C. § 3415).

§ 6926. RIGHTS OF OLDER ADULTS.

(A) NOTIFICATION.--THE AREA AGENCY ON AGING SHALL DISCREETLY

NOTIFY THE OLDER ADULT DURING THE INVESTIGATION THAT A REPORT

HAS BEEN MADE AND SHALL PROVIDE THE OLDER ADULT WITH A BRIEF

SUMMARY OF THE NATURE OF THE REPORT.

(B) INFORMATION.--AS PROVIDED IN SECTION 6934 (RELATING TO

CONFIDENTIALITY OF RECORDS), THE OLDER ADULT WHO IS THE SUBJECT

OF A REPORT, OR THE OLDER ADULT'S GUARDIAN IF THE GUARDIAN IS

NOT NAMED AS A PERPETRATOR IN THE REPORT, MAY RECEIVE, UPON

WRITTEN REQUEST, A SUMMARY OF THE REPORT OF NEED EXCEPT

INFORMATION THAT WOULD IDENTIFY THE PERSON WHO MADE A REPORT OF

SUSPECTED ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OR PERSONS

WHO COOPERATED IN A SUBSEQUENT INVESTIGATION.

AREA AGENCY ON AGING UNDER THIS SUBCHAPTER MAY BE APPEALED

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ACCORDING TO THE PROVISIONS OF THE RULES AND REGULATIONS ISSUED

BY THE DEPARTMENT UNDER ARTICLE XXII-A OF THE ACT OF APRIL 9,

1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF

1929.

§ 6927. CONFIDENTIALITY STANDARDS REQUIRED.

AREA AGENCIES ON AGING SHALL UTILIZE THE DEPARTMENT'S

CONFIDENTIALITY STANDARDS ESTABLISHED UNDER SECTION 6913

(RELATING TO CONFIDENTIALITY).

§ 6928. AVAILABILITY OF PROTECTIVE SERVICES.

THE AREA AGENCY ON AGING SHALL OFFER PROTECTIVE SERVICES

UNDER ANY OF THE FOLLOWING CONDITIONS:

(1) AN OLDER ADULT REQUESTS THE SERVICES.

(2) ANOTHER INTERESTED PERSON REQUESTS THE SERVICES ON

BEHALF OF AN OLDER ADULT.

(3) AFTER INVESTIGATION OF A REPORT, THE AREA AGENCY ON

AGING DETERMINES THE OLDER ADULT IS IN NEED OF THE SERVICES.

SUBCHAPTER D

PROTECTIVE SERVICES

SEC.

6930. CONSENT BY REQUEST.

6931. INTERFERENCE WITH SERVICES.

6932. FINANCIAL OBLIGATIONS, LIABILITIES AND PAYMENTS.

6933. INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER.

6934. CONFIDENTIALITY OF RECORDS.

§ 6930. CONSENT BY REQUEST.

AN OLDER ADULT SHALL RECEIVE PROTECTIVE SERVICES VOLUNTARILY

UNLESS THE SERVICES ARE ORDERED BY A COURT OF COMPETENT

JURISDICTION.

§ 6931. INTERFERENCE WITH SERVICES.

IF A PERSON INTERFERES WITH THE PROVISION OF SERVICES OR

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INTERFERES WITH THE RIGHT OF AN OLDER ADULT TO CONSENT TO

PROVISION OF SERVICES, THE AREA AGENCY ON AGING MAY PETITION THE

COURT FOR AN ORDER ENJOINING THE INTERFERENCE.

§ 6932. FINANCIAL OBLIGATIONS, LIABILITIES AND PAYMENTS.

ALL OLDER ADULTS RECEIVING PROTECTIVE SERVICES AND ALL

AGENCIES PROVIDING SERVICES UNDER THIS SUBCHAPTER SHALL COMPLY

WITH THE FOLLOWING PROVISIONS REGARDING LIABILITY FOR THE

PAYMENT OF SERVICES:

(1) FUNDING TO PROVIDE OR MAKE AVAILABLE PROTECTIVE

SERVICES UNDER THIS SUBCHAPTER SHALL NOT BE USED IN PLACE OF

ANY PUBLIC OR PRIVATE ENTITLEMENTS OR BENEFITS FOR WHICH THE

OLDER ADULT RECEIVING PROTECTIVE SERVICES UNDER THIS

SUBCHAPTER IS OR MAY BE ELIGIBLE.

(1.1) FUNDING TO PROVIDE OR MAKE AVAILABLE PROTECTIVE

SERVICES SHALL NOT BE AVAILABLE UNTIL ELIGIBILITY AND RECEIPT

OF BENEFITS UNDER PUBLIC AND PRIVATE ENTITLEMENTS OR

RESOURCES HAVE BEEN EXHAUSTED.

(2) FUNDING AVAILABLE TO LOCAL PROTECTIVE SERVICES

AGENCIES UNDER THIS SUBCHAPTER MAY BE USED TO COVER THE COSTS

OF ACTIVITIES, INCLUDING, BUT NOT LIMITED TO:

(I) ADMINISTERING PROTECTIVE SERVICES PLANS.

(II) RECEIVING AND MAINTAINING RECORDS OF REPORTS OF

ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT.

(III) CONDUCTING INVESTIGATIONS OF REPORTED ABUSE,

NEGLECT, EXPLOITATION AND ABANDONMENT.

(IV) CARRYING OUT ASSESSMENTS AND DEVELOPING SERVICE

PLANS.

(V) PETITIONING THE COURT.

(VI) PROVIDING FOR EMERGENCY INVOLUNTARY

INTERVENTION.

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(VII) ARRANGING FOR AVAILABLE SERVICES NEEDED TO

CARRY OUT SERVICE PLANS, WHICH MAY INCLUDE, AS

APPROPRIATE, ARRANGING FOR SERVICES FOR OTHER PERSONS IN

THE HOUSEHOLD UNIT IN ORDER TO REDUCE, CORRECT OR

ELIMINATE ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF

AN OLDER ADULT.

(VIII) PURCHASING, ON A TEMPORARY BASIS, SERVICES

DETERMINED BY A SERVICE PLAN TO BE NECESSARY TO REDUCE,

CORRECT OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION OR

ABANDONMENT OF AN OLDER ADULT WHEN THE SERVICES ARE NOT

AVAILABLE WITHIN THE EXISTING RESOURCES OF THE AREA

AGENCY ON AGING OR OTHER APPROPRIATE PROVIDER. PURCHASE

OF SERVICES UNDER THIS PROVISION IS LIMITED TO A 30-DAY

PERIOD WHICH MAY BE RENEWED WITH ADEQUATE JUSTIFICATION

UNDER REGULATIONS ISSUED BY THE DEPARTMENT.

(3) OLDER ADULTS RECEIVING PROTECTIVE SERVICES SHALL NOT

BE REQUIRED TO PAY A FEE FOR SERVICES RECEIVED BY OTHER OLDER

ADULTS WHEN THE RECEIPT OF THE SERVICES BY OTHERS IS NOT

SUBJECT TO COST SHARING.

§ 6933. INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER.

(A) EMERGENCY PETITION.--AN AREA AGENCY ON AGING MAY

PETITION A COURT OF COMMON PLEAS FOR AN EMERGENCY ORDER TO

PROVIDE PROTECTIVE SERVICES TO AN OLDER ADULT WHO IS AT IMMINENT

RISK OF DEATH, SEXUAL ABUSE, SERIOUS BODILY INJURY OR FINANCIAL

EXPLOITATION. THE COURT OF COMMON PLEAS SHALL GRANT THE AREA

AGENCY ON AGING'S PETITION IF THE COURT FINDS, BY CLEAR AND

CONVINCING EVIDENCE, THAT FAILURE TO PROVIDE PROTECTIVE SERVICES

WILL PLACE THE OLDER ADULT AT IMMINENT RISK OF DEATH, SEXUAL

ABUSE, SERIOUS BODILY INJURY OR FINANCIAL EXPLOITATION. THE

COURTS OF COMMON PLEAS OF EACH JUDICIAL DISTRICT SHALL ENSURE

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THAT A JUDGE OR MAGISTERIAL DISTRICT JUDGE IS AVAILABLE AT ALL

TIMES TO ACCEPT AND RULE ON PETITIONS FOR EMERGENCY COURT ORDERS

UNDER THIS SECTION WHENEVER THE AREA AGENCY ON AGING DETERMINES

THAT A DELAY UNTIL NORMAL COURT HOURS MAY SIGNIFICANTLY INCREASE

DANGER TO THE OLDER ADULT.

(B) LIMITED ORDER.--THE COURT, AFTER FINDING CLEAR AND

CONVINCING EVIDENCE OF THE NEED FOR AN EMERGENCY ORDER, SHALL

ORDER ONLY SERVICES NECESSARY TO REMOVE THE CONDITIONS CREATING

THE ESTABLISHED NEED.

OLDER ADULT FOR WHOM PROTECTIVE SERVICES ARE BEING ORDERED, AN

EMERGENCY COURT ORDER UNDER THIS SECTION SHALL PROVIDE THAT THE

OLDER ADULT HAS THE RIGHT TO LEGAL COUNSEL. IF THE OLDER ADULT

IS UNABLE TO PROVIDE FOR COUNSEL, COUNSEL SHALL BE APPOINTED BY

THE COURT.

(D) FORCIBLE ENTRY.--IF IT IS NECESSARY TO FORCIBLY ENTER

PREMISES AFTER OBTAINING A COURT ORDER, A LAW ENFORCEMENT

OFFICIAL MAY DO SO, ACCOMPANIED BY A REPRESENTATIVE OF THE AREA

AGENCY ON AGING.

(E) HEALTH AND SAFETY REQUIREMENTS.--THE AREA AGENCY ON

AGING SHALL TAKE REASONABLE STEPS TO ENSURE THAT WHILE THE OLDER

ADULT IS RECEIVING SERVICES UNDER AN EMERGENCY COURT ORDER, THE

HEALTH AND SAFETY NEEDS OF ANY OF THE OLDER ADULT'S DEPENDENTS

ARE MET AND THAT THE PERSONAL PROPERTY AND DWELLING OF THE OLDER

ADULT ARE SECURE.

§ 6934. CONFIDENTIALITY OF RECORDS.

(A) REQUIREMENT.--INFORMATION CONTAINED IN REPORTS, RECORDS

OF INVESTIGATION, ASSESSMENTS AND SERVICE PLANS CREATED UNDER

THIS SUBCHAPTER SHALL BE CONSIDERED PRIVILEGED AND CONFIDENTIAL

AND SHALL BE MAINTAINED UNDER REGULATIONS PROMULGATED BY THE

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DEPARTMENT. THE DEPARTMENT OR THE AREA AGENCY ON AGING MAY NOT

RELEASE INFORMATION THAT COULD BE DETRIMENTAL TO THE OLDER ADULT

EXCEPT THAT THE INFORMATION SHALL BE RELEASED TO A LAW

ENFORCEMENT OFFICIAL UNDER SUBSECTION (B)(2) AND MAY BE USED BY

THE DEPARTMENT IN CIVIL PROCEEDINGS, SUBJECT TO PROTECTIVE

ORDERS. ALL INFORMATION CONTAINED IN PROTECTIVE SERVICE RECORDS

IS SUBJECT TO OTHER FEDERAL AND STATE CONFIDENTIALITY AND

SECURITY LAWS.

(B) RELEASE OF PROTECTIVE SERVICES RECORDS.--PROTECTIVE

SERVICES RECORDS MAY BE PROVIDED AS FOLLOWS:

(1) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO A

COURT OF COMPETENT JURISDICTION OR TO ANOTHER PARTY PURSUANT

TO A COURT ORDER. A SUBPOENA SHALL NOT BE A COURT ORDER FOR

PURPOSES OF THIS SECTION.

(2) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO LAW

ENFORCEMENT OFFICIALS OR A CORONER IF THE INFORMATION IS

RELEVANT TO THE OFFICIAL'S OR CORONER'S INVESTIGATION OF

ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT OR DEATH OF THE

OLDER ADULT.

(3) IN ARRANGING SPECIFIC SERVICES TO CARRY OUT SERVICE

PLANS, THE AREA AGENCY ON AGING MAY DISCLOSE INFORMATION TO

APPROPRIATE SERVICE PROVIDERS AS MAY BE NECESSARY TO INITIATE

THE DELIVERY OF SERVICES.

(4) THE OLDER ADULT WHO IS THE SUBJECT OF A REPORT OR

THE OLDER ADULT'S GUARDIAN, IF THE GUARDIAN IS NOT NAMED AS A

PERPETRATOR IN THE REPORT, MAY RECEIVE, UPON WRITTEN REQUEST,

A SUMMARY OF THE REPORT OF NEED EXCEPT INFORMATION THAT WOULD

IDENTIFY THE PERSON WHO MADE A REPORT OF SUSPECTED ABUSE,

NEGLECT, EXPLOITATION OR ABANDONMENT OR PERSONS WHO

COOPERATED IN A SUBSEQUENT INVESTIGATION.

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(5) A PERSON WHO MADE A REPORT OF SUSPECTED ABUSE,

NEGLECT, EXPLOITATION OR ABANDONMENT MAY RECEIVE, UPON

WRITTEN REQUEST, CONFIRMATION FROM THE DEPARTMENT THAT THE

REPORT WAS RECEIVED AND THE AREA AGENCY ON AGING IS ACTING IN

ACCORDANCE WITH THIS SUBCHAPTER.

(6) FOR THE PURPOSES OF MONITORING AGENCY PERFORMANCE OR

CONDUCTING OTHER OFFICIAL DUTIES, APPROPRIATE STAFF OF THE

DEPARTMENT, AS DESIGNATED BY THE SECRETARY OF AGING, MAY

ACCESS PROTECTIVE SERVICES RECORDS.

(7) THE DEPARTMENT OR THE AREA AGENCY ON AGING MAY

COLLABORATE OR SHARE INFORMATION INCLUDED IN PROTECTIVE

SERVICES RECORDS WITH COMMONWEALTH AGENCIES FOR PURPOSES OF

OFFICIAL COMMONWEALTH BUSINESS.

(8) THE DEPARTMENT OR THE AREA AGENCY ON AGING MAY SHARE

A SUMMARY OF PROTECTIVE SERVICES INFORMATION WITH ANOTHER

AREA AGENCY ON AGING THAT IS PERFORMING RESPONSIBILITIES

UNDER THIS SUBCHAPTER RELEVANT TO OLDER ADULTS WITHIN THE

AREA AGENCY ON AGING'S JURISDICTION.

(9) AN EMPLOYEE OF AN AGENCY OF ANOTHER STATE WHO

PERFORMS OLDER ADULT PROTECTIVE SERVICES SIMILAR TO THOSE

UNDER THIS SUBCHAPTER MAY ACCESS A SUMMARY OF PROTECTIVE

SERVICES INFORMATION RELEVANT TO OLDER ADULTS WITHIN THE AREA

AGENCY ON AGING'S JURISDICTION.

(10) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO A

HEALTH CARE PROVIDER WHO IS EXAMINING OR TREATING THE OLDER

ADULT AND WHO SUSPECTS THAT THE OLDER ADULT IS IN NEED OF

PROTECTION UNDER THIS SUBCHAPTER.

(11) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO THE

DIRECTOR, OR AN INDIVIDUAL SPECIFICALLY DESIGNATED IN WRITING

BY THE DIRECTOR, OF A HOSPITAL OR OTHER MEDICAL INSTITUTION

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WHERE THE OLDER ADULT IS BEING TREATED IF THE DIRECTOR OR

DESIGNEE SUSPECTS THAT THE RECIPIENT IS IN NEED OF PROTECTION

UNDER THIS CHAPTER.

(12) UNLESS PROHIBITED BY FEDERAL LAW, PROTECTIVE

SERVICES RECORDS RELATING TO FINANCIAL EXPLOITATION MAY BE

PROVIDED TO A FINANCIAL INSTITUTION OR FIDUCIARY AS NECESSARY

TO EXERCISE THE AUTHORITY TO PROHIBIT DISBURSEMENT OF FUNDS

AND TRANSACTIONS PROVIDED UNDER SECTION 6952 (RELATING TO

DISBURSEMENT OF FUNDS AND TRANSACTIONS).

SUBCHAPTER E

REPORTING

SEC.

6940. VOLUNTARY REPORTING.

6941. MANDATORY REPORTING.

6942. MANDATORY REPORTING TO LAW ENFORCEMENT OFFICIALS AND

DEPARTMENT.

6943. CONTENTS OF REPORTS.

6944. MANDATORY REPORTER TRAINING.

6945. CORONER.

6946. PROTECTING IDENTITY OF REPORTER AND COOPERATING

WITNESSES.

§ 6940. VOLUNTARY REPORTING.

A PERSON HAVING REASONABLE CAUSE TO BELIEVE THAT AN OLDER

ADULT MAY BE A VICTIM OF ABUSE, NEGLECT, EXPLOITATION OR

ABANDONMENT MAY REPORT THE INFORMATION TO THE AREA AGENCY ON

AGING.

§ 6941. MANDATORY REPORTING.

A MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO SUSPECT THAT

AN OLDER ADULT MAY BE A VICTIM OF ABUSE, NEGLECT, EXPLOITATION

OR ABANDONMENT SHALL IMMEDIATELY MAKE AN ORAL REPORT TO THE AREA

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AGENCY ON AGING. IF APPLICABLE, THE AREA AGENCY ON AGING SHALL

ADVISE THE MANDATORY REPORTER OF ADDITIONAL REPORTING

REQUIREMENTS THAT MAY APPLY UNDER SECTION 6942 (RELATING TO

MANDATORY REPORTING TO LAW ENFORCEMENT OFFICIALS AND

DEPARTMENT). WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE

MANDATORY REPORTER SHALL MAKE A WRITTEN REPORT TO THE AREA

AGENCY ON AGING.

§ 6942. MANDATORY REPORTING TO LAW ENFORCEMENT OFFICIALS AND

DEPARTMENT.

IN ADDITION TO THE REPORT UNDER SECTION 6941 (RELATING TO

MANDATORY REPORTING), A MANDATORY REPORTER WHO HAS REASONABLE

CAUSE TO SUSPECT THAT AN OLDER ADULT MAY BE A VICTIM OF

SUSPICIOUS DEATH, SERIOUS BODILY INJURY OR SEXUAL ABUSE SHALL

IMMEDIATELY CONTACT LAW ENFORCEMENT OFFICIALS AND THE DEPARTMENT

TO MAKE AN ORAL REPORT. WITHIN 48 HOURS OF MAKING THE ORAL

REPORT, THE MANDATORY REPORTER SHALL MAKE A WRITTEN REPORT TO

APPROPRIATE LAW ENFORCEMENT OFFICIALS AND TO THE AREA AGENCY ON

AGING. THE AREA AGENCY ON AGING SHALL FORWARD THE REPORT TO THE

DEPARTMENT WITHIN 48 HOURS OF RECEIPT.

§ 6943. CONTENTS OF REPORTS.

A WRITTEN MANDATORY REPORT UNDER THIS SECTION SHALL BE IN A

MANNER AND ON FORMS PRESCRIBED BY THE DEPARTMENT. AT A MINIMUM,

THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION, AS WELL AS

ANYTHING ADDITIONAL REQUIRED BY REGULATION:

(1) NAME, AGE, SEX AND ADDRESS OF THE OLDER ADULT.

(2) NAME AND ADDRESS OF THE OLDER ADULT'S LEGAL

REPRESENTATIVE OR NEXT OF KIN.

(3) NAME AND ADDRESS OF THE FACILITY, IF APPLICABLE.

(4) NATURE AND LOCATION OF THE REPORTED INCIDENT AND ANY

SPECIFIC COMMENTS OR OBSERVATIONS DIRECTLY RELATED TO THE

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ALLEGED INCIDENT AND THE OLDER ADULT INVOLVED.

(5) ANY RELEVANT INFORMATION KNOWN RELATED TO THE

IDENTITY OF THE ALLEGED PERPETRATOR, INCLUDING, BUT NOT

LIMITED TO, NAME, AGE, SEX AND RELATIONSHIP TO THE OLDER

ADULT.

(6) NAME OF THE INDIVIDUAL MAKING THE REPORT, CONTACT

INFORMATION FOR THE REPORTER AND INFORMATION REGARDING ANY

ACTIONS TAKEN BY THE REPORTER IN RESPONSE TO THE INCIDENT.

§ 6944. MANDATORY REPORTER TRAINING.

MANDATORY REPORTERS SHALL BE TRAINED BY EITHER THE DEPARTMENT

OR AN AGENT OF THE DEPARTMENT ON THE REQUIREMENTS TO REPORT

IDENTIFIED WITHIN THIS SUBCHAPTER.

§ 6945. CORONER.

IF THERE IS REASONABLE CAUSE TO SUSPECT THAT AN OLDER ADULT

DIED AS A RESULT OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT,

THE AREA AGENCY ON AGING SHALL GIVE THE ORAL REPORT AND FORWARD

A COPY OF THE WRITTEN REPORT TO THE APPROPRIATE CORONER WITHIN

24 HOURS.

§ 6946. PROTECTING IDENTITY OF REPORTER AND COOPERATING

WITNESSES.

(A) PROHIBITION.--EXCEPT FOR DISCLOSURES TO LAW ENFORCEMENT

OFFICIALS, THE RELEASE OF RECORDS THAT WOULD IDENTIFY THE

INDIVIDUAL WHO MADE A REPORT UNDER THIS SUBCHAPTER OR AN

INDIVIDUAL WHO COOPERATED IN A SUBSEQUENT INVESTIGATION IS

PROHIBITED.

(B) IDENTITY PROTECTION.--IF RECORDS ARE PROVIDED PURSUANT

TO A COURT ORDER, THE IDENTITY OF THE REPORTER AND COOPERATING

WITNESSES SHALL BE DELETED, UNLESS OTHERWISE ORDERED BY THE

COURT AFTER AN IN-CAMERA REVIEW.

SUBCHAPTER F

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FINANCIAL INSTITUTIONS AND FIDUCIARIES

SEC.

6950. REPORTING FINANCIAL EXPLOITATION.

6951. FINANCIAL SERVICES PROVIDER TRAINING.

6952. DISBURSEMENT OF FUNDS AND TRANSACTIONS.

6953. IMMUNITY AND DEFENSES.

§ 6950. REPORTING FINANCIAL EXPLOITATION.

NOTWITHSTANDING ANY LAW LIMITING OR PROHIBITING DISCLOSURE,

EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW, A FINANCIAL

SERVICES PROVIDER, INCLUDING A DESIGNATED EMPLOYEE OF A

FINANCIAL SERVICES PROVIDER, MAY REPORT FINANCIAL EXPLOITATION

IF THE EMPLOYEE REASONABLY BELIEVES THAT FINANCIAL EXPLOITATION

OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR

IS BEING ATTEMPTED.

§ 6951. FINANCIAL SERVICES PROVIDER TRAINING.

(A) REQUIREMENT.--A FINANCIAL SERVICES PROVIDER WITH

EMPLOYEES IN THIS COMMONWEALTH OR WITH EMPLOYEES REGULARLY

ENGAGING IN FINANCIAL TRANSACTIONS WITH OR ON BEHALF OF OLDER

ADULTS IN THIS COMMONWEALTH SHALL PROVIDE TRAINING TO EMPLOYEES

WHO HAVE DIRECT CONTACT WITH OLDER ADULTS AND CONDUCT FINANCIAL

TRANSACTIONS FOR OR ON BEHALF OF OLDER ADULTS.

(B) PROGRAM.--THE DEPARTMENT, IN CONSULTATION WITH THE

DEPARTMENT OF BANKING AND SECURITIES AND REPRESENTATIVES OF THE

FINANCIAL SERVICES INDUSTRY, MAY ESTABLISH A MODEL TRAINING

PROGRAM FOR EMPLOYEES OF FINANCIAL SERVICES PROVIDERS REGARDING

THE IDENTIFICATION AND PREVENTION OF FINANCIAL EXPLOITATION OF

OLDER ADULTS AND ON PROCEDURES TO PROVIDE RELIEF TO OLDER ADULTS

FROM FINANCIAL EXPLOITATION, INCLUDING TRAINING REGARDING THE

FOLLOWING:

(1) WHEN TO REPORT SUSPECTED FINANCIAL EXPLOITATION.

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(2) TO WHOM SUSPECTED EXPLOITATION SHOULD BE REPORTED.

(3) THE INFORMATION TO BE INCLUDED IN A REPORT.

(4) THE APPLICABLE LAWS, RULES AND REGULATIONS THAT MUST

BE FOLLOWED WHILE REPORTING SUSPECTED FINANCIAL EXPLOITATION.

SHALL INCLUDE INFORMATION THAT:

(1) ASSISTS EMPLOYEES IN RECOGNIZING SIGNS OF POTENTIAL

FINANCIAL ABUSE OF AN OLDER ADULT, INCLUDING, BUT NOT LIMITED

TO, THE FOLLOWING:

(I) UNUSUAL ACTIVITY IN AN OLDER ADULT'S RETIREMENT

ACCOUNT, BROKERAGE ACCOUNT OR OTHER ACCOUNTS MANAGED BY

AN AGENT OR INVESTMENT ADVISER REPRESENTATIVE OR DEPOSIT

ACCOUNT.

(II) AUTOMATED TELLER MACHINE WITHDRAWALS BY AN

OLDER ADULT WHO PREVIOUSLY NEVER USED AN AUTOMATED TELLER

MACHINE OR DEBIT CARD.

(III) SUSPICIOUS SIGNATURES ON CHECKS.

(2) INFORMS EMPLOYEES ABOUT THE APPLICABLE PROVISIONS OF

THIS CHAPTER AND THE PROCESS THAT EMPLOYEES SHOULD USE IF

MAKING AN ABUSE REPORT OR A REPORT OF NEED FOR PROTECTIVE

SERVICES.

(D) COMPLIANCE.--A FINANCIAL SERVICES PROVIDER SHALL BE

DEEMED IN COMPLIANCE WITH THIS SECTION IF THE PROVIDER USES A

MODEL TRAINING PROGRAM ESTABLISHED BY THE DEPARTMENT OR IS

SUBJECT TO VISITORIAL EXAMINATION BY A REGULATORY AUTHORITY THAT

REQUIRES EMPLOYEE TRAINING TO CONTROL FRAUD OR MONEY LAUNDERING

AND INCORPORATES THE ACTIVITIES REQUIRED UNDER SUBSECTIONS (B)

AND (C) INTO ITS TRAINING PROGRAM.

§ 6952. DISBURSEMENT OF FUNDS AND TRANSACTIONS.

(A) REASONABLE BELIEF.--IF A FINANCIAL SERVICES PROVIDER OR

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FIDUCIARY REASONABLY BELIEVES, AFTER INITIATING AN INTERNAL

REVIEW OF A DISBURSEMENT OR TRANSACTION, THAT FINANCIAL

EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN

ATTEMPTED OR IS BEING ATTEMPTED, THE FINANCIAL SERVICES PROVIDER

OR FIDUCIARY MAY REFUSE TO DISBURSE FUNDS OR ENGAGE IN A

TRANSACTION, AS APPROPRIATE, TO PREVENT FINANCIAL EXPLOITATION

OF AN OLDER ADULT WITH RESPECT TO THE FOLLOWING ACCOUNTS:

(1) AN ACCOUNT OF THE OLDER ADULT.

(2) AN ACCOUNT ON WHICH THE OLDER ADULT IS A

BENEFICIARY, INCLUDING A TRUST OR GUARDIANSHIP ACCOUNT.

(3) AN ACCOUNT OF A PERSON SUSPECTED OF PERPETRATING

FINANCIAL EXPLOITATION OF AN OLDER ADULT.

(B) AREA AGENCY ON AGING OR LAW ENFORCEMENT.--A FINANCIAL

SERVICES PROVIDER OR FIDUCIARY MAY REFUSE TO DISBURSE FUNDS OR

ENGAGE IN A TRANSACTION UNDER THIS SECTION IF AN AREA AGENCY ON

AGING OR LAW ENFORCEMENT OFFICIAL PROVIDES INFORMATION TO THE

FINANCIAL SERVICES PROVIDER OR FIDUCIARY DEMONSTRATING THAT IT

IS REASONABLE TO BELIEVE THAT FINANCIAL EXPLOITATION OF AN OLDER

ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING

ATTEMPTED.

SHALL NOT BE REQUIRED TO REFUSE TO DISBURSE FUNDS OR ENGAGE IN A

TRANSACTION WHEN PROVIDED WITH INFORMATION ALLEGING THAT

FINANCIAL EXPLOITATION MAY HAVE OCCURRED, MAY HAVE BEEN

ATTEMPTED OR IS BEING ATTEMPTED, BUT MAY USE ITS DISCRETION TO

DETERMINE WHETHER TO REFUSE TO DISBURSE FUNDS BASED ON THE

INFORMATION AVAILABLE TO THE FINANCIAL SERVICES PROVIDER OR

FIDUCIARY.

(D) DUTIES.--EXCEPT AS PROVIDED BY FEDERAL OR STATE LAW, A

FINANCIAL SERVICES PROVIDER OR FIDUCIARY THAT REFUSES TO

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DISBURSE FUNDS OR ENGAGE IN A TRANSACTION BASED ON A REASONABLE

BELIEF THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE

OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED SHALL:

(1) MAKE A REASONABLE EFFORT TO NOTIFY, ORALLY OR IN

WRITING, EACH PERSON AUTHORIZED TO TRANSACT BUSINESS ON THE

ACCOUNT, THAT IS A BENEFICIARY OF THE ACCOUNT OR THAT HAS

BEEN AUTHORIZED BY THE OLDER ADULT TO RECEIVE NOTIFICATIONS

REGARDING ACCOUNT ACTIVITY, EXCEPT FOR A PERSON REASONABLY

BELIEVED TO HAVE ENGAGED IN SUSPECTED OR ATTEMPTED FINANCIAL

EXPLOITATION OF THE OLDER ADULT. A NOTIFICATION SHALL BE

SUFFICIENT IF IT PROVIDES THE FOLLOWING:

(I) NOTICE THAT THE FINANCIAL INSTITUTION OR

FIDUCIARY HAS TEMPORARILY BLOCKED THE DISBURSEMENT OF

FUNDS OR DELAYED THE EXECUTION OF TRANSACTIONS AS

AUTHORIZED UNDER SECTION 6950 (RELATING TO REPORTING

FINANCIAL EXPLOITATION).

(II) THE NAME OF THE FINANCIAL INSTITUTION OR

FIDUCIARY.

(III) THE ACCOUNT OR TRANSACTION TO WHICH THE

NOTIFICATION APPLIES.

(IV) THE NAME AND PHONE NUMBER OF A CONTACT PERSON

REPRESENTING THE FINANCIAL INSTITUTION OR FIDUCIARY.

(V) THE PHONE NUMBER OF THE AREA AGENCY ON AGING OR

LAW ENFORCEMENT OFFICIAL TO WHICH A REPORT HAS BEEN

PROVIDED.

(2) IMMEDIATELY MAKE AN ORAL REPORT TO THE AGENCY.

WITHIN TWO BUSINESS DAYS OF MAKING AN ORAL REPORT, THE

FINANCIAL SERVICES PROVIDER SHALL MAKE A WRITTEN REPORT TO

THE AREA AGENCY ON AGING.

(E) EXPIRATION.--A REFUSAL TO DISBURSE FUNDS OR ENGAGE IN A

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TRANSACTION AS AUTHORIZED BY THIS SECTION BASED ON THE

REASONABLE BELIEF OF A FINANCIAL SERVICES PROVIDER THAT

FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY

HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED SHALL EXPIRE UPON THE

SOONER OF THE FOLLOWING:

(1) FIFTEEN BUSINESS DAYS AFTER THE DATE ON WHICH THE

FINANCIAL SERVICES PROVIDER OR FIDUCIARY FIRST REFUSED TO

DISBURSE THE FUNDS OR ENGAGE IN THE TRANSACTION, UNLESS

TERMINATED OR EXTENDED BY AN ORDER OF A COURT OF COMPETENT

JURISDICTION, A LAW ENFORCEMENT OFFICIAL, THE DEPARTMENT OR

AN AREA AGENCY ON AGING. AN ADDITIONAL 10 BUSINESS DAYS SHALL

BE PERMITTED, IF REQUESTED BY A LAW ENFORCEMENT OFFICIAL, THE

DEPARTMENT OR AN AREA AGENCY ON AGING, FOLLOWING THE

SUBMISSION OF A PETITION FOR A COURT ORDER FURTHER EXTENDING

THE TIME PERIOD.

(2) EXCEPT AS PROVIDED UNDER PARAGRAPH (1), THE TIME

WHEN THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY IS

SATISFIED THAT THE DISBURSEMENT WILL NOT RESULT IN FINANCIAL

EXPLOITATION OF AN OLDER ADULT.

(F) ORDER.--A COURT OF COMPETENT JURISDICTION MAY ENTER AN

ORDER EXTENDING THE REFUSAL BY THE FINANCIAL SERVICES PROVIDER

OR FIDUCIARY TO DISBURSE FUNDS OR ENGAGE IN A TRANSACTION BASED

ON A REASONABLE BELIEF THAT FINANCIAL EXPLOITATION OF AN OLDER

ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING

ATTEMPTED. A COURT OF COMPETENT JURISDICTION MAY ALSO ORDER

OTHER PROTECTIVE RELIEF AS AUTHORIZED.

§ 6953. IMMUNITY AND DEFENSES.

(A) IMMUNITY.--EXCEPT AS PROVIDED UNDER SUBSECTION (C), A

FINANCIAL SERVICES PROVIDER OR FIDUCIARY AND ITS DIRECTORS,

OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE SUBJECT TO A CLAIM

20170SB0899PN1906 - 72 -

FOR DAMAGES OR OTHER CIVIL OR CRIMINAL LIABILITY FOR THE

FOLLOWING:

(1) THE IDENTIFICATION OR FAILURE TO IDENTIFY THE

FINANCIAL EXPLOITATION OF AN OLDER ADULT.

(2) A DECISION TO MAKE A REPORT OR NOT MAKE A REPORT

UNDER THIS CHAPTER.

(3) A DECISION TO ALLOW THE DISBURSEMENT OF FUNDS OR

ENGAGE IN A TRANSACTION UNDER THIS CHAPTER.

(4) A REFUSAL TO DISBURSE FUNDS OR ENGAGE IN A

TRANSACTION UNDER THIS CHAPTER.

(5) THE RELEASE OF INFORMATION TO A LAW ENFORCEMENT

OFFICIAL, THE DEPARTMENT OR AN AREA AGENCY ON AGING AS

AUTHORIZED BY THIS CHAPTER.

(6) THE PROVISION OF A NOTICE UNDER SECTION 6952

(RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

(B) ADDITIONAL IMMUNITIES AND DEFENSES.--NOTWITHSTANDING ANY

OTHER LAW TO THE CONTRARY:

(1) THE REFUSAL BY A FINANCIAL SERVICES PROVIDER TO

ENGAGE IN A TRANSACTION AUTHORIZED UNDER THIS SUBSECTION

SHALL NOT CONSTITUTE THE WRONGFUL DISHONOR OF AN ITEM UNDER

13 PA.C.S. § 4402 (RELATING TO LIABILITY OF BANK TO CUSTOMER

FOR WRONGFUL DISHONOR; TIME OF DETERMINING INSUFFICIENCY OF

ACCOUNT).

(2) A REASONABLE BELIEF THAT PAYMENT OF A CHECK WILL

FACILITATE THE FINANCIAL EXPLOITATION OF AN OLDER ADULT SHALL

CONSTITUTE REASONABLE GROUNDS TO DOUBT THE COLLECTABILITY OF

THE ITEM FOR PURPOSES OF THE EXPEDITED FUNDS AVAILABILITY ACT

(PUBLIC LAW 100-86, 12 U.S.C. § 4001 ET SEQ.), THE CHECK

CLEARING FOR THE 21ST CENTURY ACT (PUBLIC LAW 108-100, 12

U.S.C. § 5001 ET SEQ.) AND 12 CFR PT. 229 (RELATING TO

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AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS).

THIS SECTION SHALL NOT APPLY TO A DIRECTOR, OFFICER, EMPLOYEE OR

AGENT INVOLVED IN THE FINANCIAL EXPLOITATION OF AN OLDER ADULT.

SUBCHAPTER G

CRIMINAL HISTORY

SEC.

6960. CRIMINAL HISTORY.

6961. GROUNDS FOR DENYING EMPLOYMENT.

6962. PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.

§ 6960. CRIMINAL HISTORY.

(A) GENERAL RULE.--A FACILITY SHALL REQUIRE AN INDIVIDUAL

UNDER SUBSECTION (B) TO SUBMIT THE FOLLOWING INFORMATION, WHICH

MUST HAVE BEEN OBTAINED WITHIN THE PRECEDING ONE-YEAR PERIOD:

(1) UNDER 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL

HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY

RECORD INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A

STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE CENTRAL

REPOSITORY CONTAINS NO INFORMATION RELATING TO THAT PERSON.

THE CRIMINAL HISTORY RECORD INFORMATION SHALL BE LIMITED TO

THAT WHICH IS DISSEMINATED UNDER 18 PA.C.S. § 9121(B)(2)

(RELATING TO GENERAL REGULATIONS).

(2) A REPORT OF FEDERAL CRIMINAL HISTORY RECORD

INFORMATION PURSUANT TO THE FEDERAL BUREAU OF INVESTIGATION'S

APPROPRIATION UNDER THE DEPARTMENTS OF STATE, JUSTICE, AND

COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION

ACT, 1973 (PUBLIC LAW 92-544, 86 STAT. 1109). THE DEPARTMENT

SHALL BE THE INTERMEDIARY FOR THE PURPOSES OF THIS PARAGRAPH.

FOR THE PURPOSES OF THIS PARAGRAPH, THE INDIVIDUAL SHALL

SUBMIT A FULL SET OF FINGERPRINTS IN A MANNER PRESCRIBED BY

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THE DEPARTMENT. THE COMMONWEALTH SHALL SUBMIT THE

FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR A

NATIONAL CRIMINAL HISTORY RECORD CHECK. THE INFORMATION

OBTAINED FROM THE CRIMINAL RECORD CHECK SHALL BE USED BY THE

DEPARTMENT TO DETERMINE THE INDIVIDUAL'S ELIGIBILITY. THE

DETERMINATION SHALL BE SUBMITTED TO THE ADMINISTRATOR BY THE

APPLICANT, PRIOR TO COMMENCING EMPLOYMENT, OR BY THE

EMPLOYEE. THE ADMINISTRATOR SHALL INSURE CONFIDENTIALITY OF

THE INFORMATION. THE PROVISIONS OF 18 PA.C.S. § 9121(B)(2)

SHALL NOT APPLY IF THE REQUEST FOR A REPORT OF FEDERAL

CRIMINAL HISTORY RECORD INFORMATION IS MADE UNDER THIS

SECTION.

(B) REPORTS.--THE FOLLOWING INDIVIDUALS SHALL SUBMIT THE

REPORTS OF CRIMINAL HISTORY RECORD INFORMATION REQUIRED UNDER

SUBSECTION (A):

(1) AN APPLICANT, WITH THE APPLICANT'S APPLICATION.

(2) AN EMPLOYEE.

(3) AN ADMINISTRATOR WHO HAS OR MAY HAVE DIRECT CONTACT

WITH A RECIPIENT.

(4) AN OPERATOR WHO HAS OR MAY HAVE DIRECT CONTACT WITH

A RECIPIENT.

INFORMATION SHALL BE OBTAINED IN ACCORDANCE WITH THE FOLLOWING:

(1) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, AN

INDIVIDUAL UNDER SUBSECTION (B) SHALL BE REQUIRED TO OBTAIN

THE REPORT OF CRIMINAL HISTORY RECORD INFORMATION REQUIRED

UNDER SUBSECTION (A)(2) EVERY 60 MONTHS. THE DATE FOR

REQUIRED RENEWAL SHALL BE FROM THE DATE OF THE INDIVIDUAL'S

OLDEST REPORT OF CRIMINAL HISTORY RECORD INFORMATION.

(2) AN INDIVIDUAL IDENTIFIED IN SUBSECTION (B) WITH A

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CURRENT REPORT OF CRIMINAL HISTORY RECORD INFORMATION ISSUED

PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE

REQUIRED TO OBTAIN THE REPORT OF CRIMINAL HISTORY RECORD

INFORMATION REQUIRED UNDER SUBSECTION (A)(2) WITHIN 60 MONTHS

FROM THE DATE OF THE INDIVIDUAL'S OLDEST REPORT OF CRIMINAL

HISTORY RECORD INFORMATION OR, IF THE CURRENT REPORT OF

CRIMINAL HISTORY RECORD INFORMATION IS OLDER THAN 60 MONTHS,

WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.

(3) AN INDIVIDUAL IDENTIFIED IN SUBSECTION (B) WHO WAS

PREVIOUSLY NOT REQUIRED TO HAVE A REPORT OF CRIMINAL HISTORY

INFORMATION SHALL BE REQUIRED TO OBTAIN THE REPORTS OF

CRIMINAL HISTORY INFORMATION REQUIRED UNDER SUBSECTION (A)(1)

AND (2) NO LATER THAN A YEAR FROM THE EFFECTIVE DATE OF THIS

SECTION.

(D) WRITTEN NOTICE OF NEW ARREST OR CONVICTION.--

(1) IF AN EMPLOYEE IS ARRESTED FOR OR CONVICTED OF AN

OFFENSE THAT WOULD CONSTITUTE GROUNDS FOR DENYING EMPLOYMENT

UNDER SECTION 6961 (RELATING TO GROUNDS FOR DENYING

EMPLOYMENT), THE EMPLOYEE SHALL PROVIDE THE ADMINISTRATOR OR

DESIGNEE WITH WRITTEN NOTICE NOT LATER THAN 72 HOURS AFTER

THE ARREST OR CONVICTION.

(2) IF THE PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS

OR THE ADMINISTRATOR HAS A REASONABLE BELIEF THAT AN EMPLOYEE

WAS ARRESTED OR CONVICTED FOR AN OFFENSE THAT WOULD

CONSTITUTE GROUNDS FOR DENYING EMPLOYMENT UNDER SECTION 6961,

OR THE EMPLOYEE HAS PROVIDED NOTICE AS REQUIRED UNDER

PARAGRAPH (1), THE PERSON RESPONSIBLE FOR EMPLOYMENT

DECISIONS OR THE ADMINISTRATOR SHALL IMMEDIATELY REQUIRE THE

EMPLOYEE TO SUBMIT CURRENT INFORMATION AS REQUIRED UNDER

SUBSECTION (A). THE COST OF THE INFORMATION SET FORTH IN

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SUBSECTION (A) SHALL BE BORNE BY THE FACILITY.

§ 6961. GROUNDS FOR DENYING EMPLOYMENT.

(A) GENERAL RULE.--SUBJECT TO SUBSECTION (F), A FACILITY MAY

NOT HIRE OR RETAIN AN INDIVIDUAL REQUIRED TO SUBMIT INFORMATION

UNDER SECTION 6960 (RELATING TO CRIMINAL HISTORY) IF THE

INDIVIDUAL'S CRIMINAL HISTORY RECORD INFORMATION INDICATES THE

INDIVIDUAL HAS BEEN CONVICTED OF AN OFFENSE UNDER ONE OR MORE OF

THE FOLLOWING PROVISIONS OF 18 PA.C.S. (RELATING TO CRIMES AND

OFFENSES):

(1) A FELONY UNDER CHAPTER 25 (RELATING TO CRIMINAL

HOMICIDE).

(2) SECTION 3011 (RELATING TO TRAFFICKING IN

INDIVIDUALS).

(3) SECTION 3121 (RELATING TO RAPE).

(4) SECTION 3124.2 (RELATING TO INSTITUTIONAL SEXUAL

ASSAULT).

(5) SECTION 3125 (RELATING TO AGGRAVATED INDECENT

ASSAULT).

(6) A FEDERAL OR OUT-OF-STATE OFFENSE SIMILAR IN NATURE

TO THOSE CRIMES LISTED UNDER THIS SUBSECTION.

(B) TWENTY-FIVE-YEAR BAN.--SUBJECT TO SUBSECTION (F), A

FACILITY MAY NOT HIRE OR RETAIN AN INDIVIDUAL REQUIRED TO SUBMIT

INFORMATION UNDER SECTION 6960 WITHIN 25 YEARS FROM THE

INDIVIDUAL'S RELEASE OR DISCHARGE FROM A STATE OR COUNTY

CORRECTIONAL INSTITUTION OR FROM TERMINATION OF SUPERVISED

PROBATION OR PAROLE, WHICHEVER IS LATER, IF THE INDIVIDUAL'S

CRIMINAL HISTORY RECORD INFORMATION INDICATES THE INDIVIDUAL HAS

BEEN CONVICTED OF ANY OF THE FOLLOWING OFFENSES UNDER ONE OR

MORE OF THE FOLLOWING PROVISIONS OF 18 PA.C.S.:

(1) A MISDEMEANOR UNDER CHAPTER 25.

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(2) A FELONY UNDER CHAPTER 27 (RELATING TO ASSAULT).

(3) A MISDEMEANOR UNDER SECTION 2713 (RELATING TO

NEGLECT OF CARE-DEPENDENT PERSON).

(4) A MISDEMEANOR UNDER SECTION 2718 (RELATING TO

STRANGULATION).

(5) SECTION 2901 (RELATING TO KIDNAPPING).

(6) SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).

(7) SECTION 2903 (RELATING TO FALSE IMPRISONMENT).

(8) SECTION 3122.1 (RELATING TO STATUTORY SEXUAL

ASSAULT).

(9) SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL

INTERCOURSE).

(10) SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).

(11) SECTION 3126 (RELATING TO INDECENT ASSAULT).

(12) SECTION 3127 (RELATING TO INDECENT EXPOSURE).

(13) SECTION 3129 (RELATING TO SEXUAL INTERCOURSE WITH

ANIMAL).

(14) SECTION 3301 (RELATING TO ARSON AND RELATED

OFFENSES).

(15) SECTION 3502 (RELATING TO BURGLARY).

(16) CHAPTER 37 (RELATING TO ROBBERY).

(17) SECTION 4115 (RELATING TO FALSELY IMPERSONATING

PERSONS PRIVATELY EMPLOYED).

(18) A FELONY UNDER SECTION 4120 (RELATING TO IDENTITY

THEFT).

(19) SECTION 4302 (RELATING TO INCEST).

(20) SECTION 4303 (RELATING TO CONCEALING DEATH OF

CHILD).

(21) A FELONY OFFENSE UNDER SECTION 4304 (RELATING TO

ENDANGERING WELFARE OF CHILDREN).

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(22) SECTION 4305 (RELATING TO DEALING IN INFANT

CHILDREN).

(23) SECTION 5902(B.1) (RELATING TO PROSTITUTION AND

RELATED OFFENSES).

(24) SECTION 5903(A)(1), (3)(II), (4)(II), (5)(II) OR

(6), (C) OR (D) (RELATING TO OBSCENE AND OTHER SEXUAL

MATERIALS AND PERFORMANCES).

(25) SECTION 6312 (RELATING TO SEXUAL ABUSE OF

CHILDREN).

(26) SECTION 6318 (RELATING TO UNLAWFUL CONTACT WITH

MINOR).

(27) SECTION 6319 (RELATING TO SOLICITATION OF MINORS TO

TRAFFIC DRUGS).

(28) SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF

CHILDREN).

(29) A FEDERAL OR OUT-OF-STATE OFFENSE SIMILAR IN NATURE

TO THE CRIMES LISTED UNDER THIS SUBSECTION.

NOT HIRE OR RETAIN AN INDIVIDUAL REQUIRED TO SUBMIT INFORMATION

UNDER SECTION 6960 WITHIN 10 YEARS FROM THE INDIVIDUAL'S RELEASE

OR DISCHARGE FROM A STATE OR COUNTY CORRECTIONAL INSTITUTION OR

FROM TERMINATION OF SUPERVISED PROBATION OR PAROLE, WHICHEVER IS

LATER, IF THE INDIVIDUAL'S CRIMINAL HISTORY RECORD INFORMATION

INDICATES THE INDIVIDUAL HAS BEEN CONVICTED OF ANY OF THE

FOLLOWING OFFENSES UNDER ONE OR MORE OF THE FOLLOWING PROVISIONS

OF 18 PA.C.S.:

(1) A MISDEMEANOR UNDER SECTION 2710 (RELATING TO ETHNIC

INTIMIDATION).

(2) A FELONY UNDER SECTION 2904 (RELATING TO

INTERFERENCE WITH CUSTODY OF CHILDREN).

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(3) SECTION 2909 (RELATING TO CONCEALMENT OF WHEREABOUTS

OF A CHILD).

(4) SECTION 3131 (RELATING TO UNLAWFUL DISSEMINATION OF

INTIMATE IMAGE).

(5) A FELONY UNDER CHAPTER 39 (RELATING TO THEFT AND

RELATED OFFENSES) OR TWO OR MORE MISDEMEANORS UNDER CHAPTER

39.

(6) SECTION 4101 (RELATING TO FORGERY).

(7) SECTION 4103 (RELATING TO FRAUDULENT DESTRUCTION,

REMOVAL OR CONCEALMENT OF RECORDABLE INSTRUMENTS).

(8) A FELONY UNDER SECTION 4106 (RELATING TO ACCESS

DEVICE FRAUD) OR TWO OR MORE MISDEMEANORS UNDER SECTION 4106.

(9) SECTION 4114 (RELATING TO SECURING EXECUTION OF

DOCUMENTS BY DECEPTION).

(10) A MISDEMEANOR UNDER SECTION 4120 (RELATING TO

IDENTITY THEFT).

(11) A MISDEMEANOR UNDER SECTION 4304.

(12) SECTION 4952 (RELATING TO INTIMIDATION OF WITNESSES

OR VICTIMS).

(13) SECTION 4953 (RELATING TO RETALIATION AGAINST

WITNESS, VICTIM OR PARTY).

(14) SECTION 6301 (RELATING TO CORRUPTION OF MINORS).

(15) A FEDERAL OR OUT-OF-STATE OFFENSE SIMILAR IN NATURE

TO THE CRIMES LISTED IN THIS SUBSECTION.

(D) FIVE-YEAR BAN.--SUBJECT TO SUBSECTION (F), A FACILITY

MAY NOT HIRE OR RETAIN AN INDIVIDUAL REQUIRED TO SUBMIT

INFORMATION UNDER SECTION 6960 WITHIN FIVE YEARS FROM THE

INDIVIDUAL'S RELEASE OR DISCHARGE FROM A STATE OR COUNTY

CORRECTIONAL INSTITUTION OR FROM TERMINATION OF SUPERVISED

PROBATION OR PAROLE, WHICHEVER IS LATER, IF THE INDIVIDUAL'S

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CRIMINAL HISTORY RECORD INFORMATION INDICATES THE INDIVIDUAL HAS

BEEN CONVICTED OF ANY OF THE FOLLOWING OFFENSES UNDER ONE OR

MORE OF THE FOLLOWING PROVISIONS OF 18 PA.C.S.:

(1) AN OFFENSE DESIGNATED AS A FELONY UNDER THE ACT OF

APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(2) A FELONY UNDER SECTION 4105 (RELATING TO BAD

CHECKS).

(3) A FEDERAL OR OUT-OF-STATE OFFENSE SIMILAR IN NATURE

TO THE CRIMES LISTED IN PARAGRAPHS (1) AND (2).

(E) DATE OF RELEASE OR DISCHARGE.--TO DETERMINE THE DATE OF

AN INDIVIDUAL'S RELEASE, DISCHARGE OR TERMINATION OF

SUPERVISION, AN INDIVIDUAL SHALL PROVIDE TO THE DEPARTMENT, UPON

REQUEST, DOCUMENTATION RELATING TO THE INDIVIDUAL'S RELEASE OR

DISCHARGE FROM A STATE OR COUNTY CORRECTIONAL INSTITUTION OR

FROM TERMINATION OF SUPERVISED PROBATION OR PAROLE.

(F) WAIVER REQUEST.--UNLESS PROHIBITED BY FEDERAL LAW, THE

DEPARTMENT MAY GRANT A WAIVER OF THE PROHIBITIONS UNDER

SUBSECTIONS (A), (B), (C) AND (D) WHEN AN INDIVIDUAL SUBMITS A

WRITTEN WAIVER REQUEST. THE DEPARTMENT SHALL REVIEW A WRITTEN

REQUEST WITHIN 45 DAYS. THE WAIVER REQUEST SHALL BE SUBMITTED ON

A FORM AS PRESCRIBED BY THE DEPARTMENT AND SHALL CONTAIN THE

FOLLOWING:

(1) THE LENGTH OF TIME SINCE THE INDIVIDUAL'S

CONVICTION.

(2) THE CIRCUMSTANCES OF THE INDIVIDUAL'S CONVICTION.

(3) IF THE INDIVIDUAL WAS INCARCERATED, A COPY OF THE

ORDER FROM THE FEDERAL, STATE OR LOCAL JURISDICTION THAT

RELEASED THE INDIVIDUAL FROM INCARCERATION, INCLUDING THE

DATE OF RELEASE.

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(4) EVIDENCE OF AN INDIVIDUAL'S REHABILITATION.

(5) DEMONSTRATED PRIOR AND PRESENT RELEVANT WORK

EXPERIENCE OF THE INDIVIDUAL.

(6) COMPETENCY AND PROFICIENCY OF THE INDIVIDUAL IN

RELEVANT WORK, INCLUDING THE PROVISION OF ESSENTIAL CARE-

DEPENDENT SERVICES.

(7) THE RELATIONSHIP OF THE OFFENSE TO THE INDIVIDUAL'S

PROSPECTIVE OR CURRENT JOB POSITION.

(8) DEMONSTRATED GOOD MORAL CHARACTER IN PERSONAL AND

OCCUPATIONAL OR EMPLOYMENT AFFAIRS.

(9) A COPY OF A PREVIOUSLY APPROVED WAIVER REQUEST FOR

ANOTHER JOB POSITION, AS APPLICABLE.

(G) WAIVER REQUEST FOR SPECIFIED JOB.--A WAIVER REQUEST

GRANTED UNDER SUBSECTION (F) ONLY APPLIES TO A SPECIFIED JOB

POSITION. IF AN INDIVIDUAL SEEKS EMPLOYMENT IN A DIFFERENT

FACILITY OR IN A DIFFERENT JOB POSITION, THE INDIVIDUAL SHALL

SUBMIT A SUBSEQUENT WRITTEN WAIVER REQUEST.

§ 6962. PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.

(A) PROVISIONAL BASIS.--THE FOLLOWING APPLY:

(1) AN ADMINISTRATOR MAY EMPLOY AN APPLICANT ON A

PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO EXCEED 90 DAYS

IF ALL OF THE FOLLOWING CONDITIONS ARE MET:

(I) THE APPLICANT HAS APPLIED FOR A CRIMINAL HISTORY

REPORT REQUIRED UNDER SECTION 6960(A) (RELATING TO

CRIMINAL HISTORY) AND PROVIDED THE FACILITY WITH A COPY

OF THE COMPLETED REQUEST FORMS.

(II) THE FACILITY HAS NO KNOWLEDGE ABOUT THE

APPLICANT THAT WOULD DISQUALIFY THE APPLICANT FROM

PROVISIONAL EMPLOYMENT UNDER 18 PA.C.S. § 4911 (RELATING

TO TAMPERING WITH PUBLIC RECORDS OR INFORMATION).

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(III) THE APPLICANT SWEARS OR AFFIRMS IN WRITING

THAT THE APPLICANT IS NOT DISQUALIFIED FROM EMPLOYMENT

UNDER THIS SUBCHAPTER.

(IV) THE ADMINISTRATOR PROVIDES WRITTEN INFORMATION

TO THE OLDER ADULT OR FIDUCIARY NOTIFYING THAT THE CARE

PROVIDER IS A PROVISIONAL EMPLOYEE AND THE FACILITY'S

PROCEDURE FOR PROVISIONAL HIRING WHEN A CRIMINAL HISTORY

REPORT IS PENDING.

(2) IF THE INFORMATION OBTAINED FROM THE CRIMINAL

HISTORY REPORT REVEALS THAT THE APPLICANT IS DISQUALIFIED

FROM EMPLOYMENT UNDER SECTION 6961 (RELATING TO GROUNDS FOR

DENYING EMPLOYMENT), THE APPLICANT SHALL BE TERMINATED

IMMEDIATELY.

(B) SUPERVISION.--THE DEPARTMENT, IN CONSULTATION WITH THE

DEPARTMENT OF HEALTH AND THE DEPARTMENT OF HUMAN SERVICES, SHALL

DEVELOP GUIDELINES REGARDING THE SUPERVISION OF PROVISIONAL

EMPLOYEES. SUPERVISION SHALL INCLUDE RANDOM DIRECT SUPERVISION

BY AN EMPLOYEE WHO HAS BEEN EMPLOYED BY THE FACILITY FOR A

PERIOD OF AT LEAST ONE YEAR.

SUBCHAPTER H

REMEDIES

SEC.

6970. PENALTIES.

6971. IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY.

§ 6970. PENALTIES.

(A) CIVIL PENALTIES.--

(1) A MANDATORY REPORTER WHO FAILS TO COMPLY OR

OBSTRUCTS COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER OR

WHO INTIMIDATES OR COMMITS A RETALIATORY ACT AGAINST AN

INDIVIDUAL WHO COMPLIES IN GOOD FAITH WITH THE PROVISIONS OF

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THIS CHAPTER COMMITS A VIOLATION OF THIS CHAPTER AND SHALL BE

SUBJECT TO AN ADMINISTRATIVE PENALTY. THE DEPARTMENT SHALL

HAVE JURISDICTION TO DETERMINE VIOLATIONS OF THIS CHAPTER AND

MAY ISSUE AN ORDER ASSESSING A CIVIL PENALTY OF NOT MORE THAN

$5,000. AN ORDER UNDER THIS PARAGRAPH IS SUBJECT TO 2 PA.C.S.

CHS. 5 SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF

COMMONWEALTH AGENCIES) AND 7 SUBCH. A (RELATING TO JUDICIAL

REVIEW OF COMMONWEALTH AGENCY ACTION).

(2) EACH COMMONWEALTH AGENCY WHICH LICENSES A FACILITY

SHALL HAVE JURISDICTION REGARDING VIOLATIONS OF SECTION 6960

(RELATING TO CRIMINAL HISTORY) AND MAY ISSUE AN ORDER

ASSESSING A CIVIL PENALTY NOT TO EXCEED $5,000.

(3) AN OLDER ADULT OR A PERSON MAKING A REPORT OR

COOPERATING WITH THE AREA AGENCY ON AGING, INCLUDING

PROVIDING TESTIMONY IN AN ADMINISTRATIVE OR JUDICIAL

PROCEEDING, SHALL BE FREE FROM ANY DISCRIMINATORY,

RETALIATORY OR DISCIPLINARY ACTION BY AN EMPLOYER OR BY ANY

OTHER PERSON. A PERSON WHO VIOLATES THIS PARAGRAPH SHALL BE

SUBJECT TO A CIVIL ACTION BY THE REPORTER OR THE OLDER ADULT.

THE REPORTER OR OLDER ADULT SHALL RECOVER TREBLE COMPENSATORY

DAMAGES, COMPENSATORY AND PUNITIVE DAMAGES OR $5,000,

WHICHEVER IS GREATER.

(4) A PERSON, INCLUDING THE OLDER ADULT, WITH KNOWLEDGE

SUFFICIENT TO JUSTIFY MAKING A REPORT OR COOPERATING WITH THE

AREA AGENCY ON AGING, INCLUDING PROVIDING TESTIMONY IN AN

ADMINISTRATIVE OR JUDICIAL PROCEEDING, SHALL BE FREE FROM ANY

INTIMIDATION BY AN EMPLOYER OR BY ANY OTHER PERSON. A PERSON

WHO VIOLATES THIS PARAGRAPH SHALL BE SUBJECT TO A CIVIL

ACTION BY THE PERSON INTIMIDATED OR THE OLDER ADULT. THE

PERSON INTIMIDATED OR THE OLDER ADULT SHALL RECOVER TREBLE

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COMPENSATORY DAMAGES, COMPENSATORY AND PUNITIVE DAMAGES OR

$5,000, WHICHEVER IS GREATER.

(B) CRIMINAL PENALTIES.--

(1) A MANDATORY REPORTER UNDER THIS CHAPTER WHO

INTENTIONALLY FAILS TO REPORT SUSPECTED ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT COMMITS A SUMMARY OFFENSE FOR THE

FIRST VIOLATION AND A MISDEMEANOR OF THE SECOND DEGREE FOR A

SECOND OR SUBSEQUENT VIOLATION AND SHALL, UPON CONVICTION, BE

SENTENCED TO PAY A FINE OF $5,000 OR TO IMPRISONMENT FOR NOT

MORE THAN ONE YEAR, OR BOTH.

(2) A PERSON WHO MAKES A FALSE STATEMENT OR

REPRESENTATION OF A MATERIAL FACT IN A REPORT OF NEED COMMITS

A MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION,

BE SENTENCED TO PAY A FINE OF NOT MORE THAN $10,000 OR TO

IMPRISONMENT FOR NOT MORE THAN FIVE YEARS, OR BOTH.

(1) A PERSON PARTICIPATING IN THE MAKING OF A REPORT OF

NEED, OR WHO PROVIDES TESTIMONY IN AN ADMINISTRATIVE OR

JUDICIAL PROCEEDING IN A COURT OF THIS COMMONWEALTH ARISING

OUT OF A REPORT, SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL

LIABILITY ON ACCOUNT OF THE REPORT OR TESTIMONY RELATED TO

GOOD FAITH COMPLIANCE WITH THIS CHAPTER. THIS IMMUNITY SHALL

NOT EXTEND TO LIABILITY FOR ACTS OF ABUSE, NEGLECT,

EXPLOITATION OR ABANDONMENT, EVEN IF THE ACTS ARE THE SUBJECT

OF THE REPORT OR TESTIMONY.

(2) AN ENTITY THAT EMPLOYS A PERSON REQUIRED OR

PERMITTED TO MAKE A REPORT UNDER THIS CHAPTER SHALL NOT BE

HELD CIVILLY LIABLE FOR ANY ACTION DIRECTLY RELATED TO GOOD

FAITH COMPLIANCE WITH THIS CHAPTER.

(D) USE.--MONEY COLLECTED UNDER THIS CHAPTER BY THE

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DEPARTMENT SHALL BE USED FOR DEPARTMENT PROGRAMS TO INVESTIGATE

AND PREVENT THE ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT OF

OLDER ADULTS.

§ 6971. IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY.

IN THE ABSENCE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THE

AREA AGENCY ON AGING, THE DIRECTOR, EMPLOYEES OF THE AREA AGENCY

ON AGING, PROTECTIVE SERVICES WORKERS OR EMPLOYEES OF THE

DEPARTMENT SHALL NOT BE CIVILLY OR CRIMINALLY LIABLE FOR ANY

DECISION OR ACTION OR RESULTING CONSEQUENCE OF DECISIONS OR

ACTION WHEN ACTING UNDER AND ACCORDING TO THE PROVISIONS OF THIS

CHAPTER.

SUBCHAPTER I

ADMINISTRATION

SEC.

6980. FUNDING.

6981. REGULATIONS.

§ 6980. FUNDING.

MONEY NECESSARY TO ADMINISTER THIS CHAPTER SHALL BE PROVIDED

BY AN ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY.

§ 6981. REGULATIONS.

THE DEPARTMENT SHALL ISSUE RULES AND REGULATIONS TO CARRY OUT

THIS CHAPTER AND SHALL ANNUALLY PRESENT TO THE GENERAL ASSEMBLY

A REPORT ON THE PROGRAM AND SERVICES PERFORMED. STATE AGENCIES

WITH OVERSIGHT AUTHORITY OVER ENTITIES IMPACTED BY THIS CHAPTER

SHALL PROMULGATE REGULATIONS NECESSARY TO ASSIST THE DEPARTMENT

IN IMPLEMENTING THIS CHAPTER.

SECTION 2. THE FOLLOWING SHALL APPLY:

(1) ACTIVITIES INITIATED UNDER THE ACT OF NOVEMBER 6,

1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE

SERVICES ACT, SHALL CONTINUE AND REMAIN IN FULL FORCE AND

20170SB0899PN1906 - 86 -

EFFECT AND MAY BE COMPLETED UNDER 23 PA.C.S. CH. 69.

(2) ORDERS, REGULATIONS, RULES AND DECISIONS WHICH WERE

MADE UNDER THE OLDER ADULTS PROTECTIVE SERVICES ACT AND WHICH

ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS CHAPTER SHALL

REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR

MODIFIED UNDER 23 PA.C.S. CH. 69.

(3) CONTRACTS, GRANTS, AGREEMENTS, OBLIGATIONS AND

COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE OLDER

ADULTS PROTECTIVE SERVICES ACT ARE NOT AFFECTED NOR IMPAIRED

BY REPEALS UNDER THIS ACT.

SECTION 3. REPEALS ARE AS FOLLOWS:

(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER

PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 23

PA.C.S. CH. 69.

(2) THE ACT OF NOVEMBER 6, 1987 (P.L.381, NO.79), KNOWN

AS THE OLDER ADULTS PROTECTIVE SERVICES ACT, IS REPEALED.

SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF 23 PA.C.S. § 6911 SHALL TAKE EFFECT

IN ONE YEAR.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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