Regular Session 2019-2020 House Bill 1930 P.N. 3949

PRIOR PRINTER'S NO. 2688

PRINTER'S NO. 3949

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1930

Session of

2019

INTRODUCED BY HENNESSEY, SCHLEGEL CULVER, MILLARD, MURT, RYAN,

McNEILL, PICKETT, STEPHENS, B. MILLER, READSHAW, WARREN,

POLINCHOCK, DeLUCA, STAATS, JAMES, MENTZER, WHEELAND,

MULLINS, ROTHMAN AND NELSON, OCTOBER 15, 2019

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,

HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2020

AN ACT

Amending the act of November 6, 1987 (P.L.381, No.79), entitled

"An act relating to the protection of the abused, neglected,

exploited or abandoned elderly; establishing a uniform

Statewide reporting and investigative system for suspected

abuse, neglect, exploitation or abandonment of the elderly;

providing protective services; providing for funding; and

making repeals," making extensive amendments; and adding

provisions relating to preliminary provisions,

administration, criminal history for employees, reporting

suspected abuse by employees and miscellaneous provisions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 102, 103 and 301 of the act of November

6, 1987 (P.L.381, No.79), known as the Older Adults Protective

Services Act, are amended to read:

Section 102. Legislative [policy] intent.

[It is declared the policy of the Commonwealth of

Pennsylvania] The General Assembly finds and declares that:

(1) It is the policy of the Commonwealth that older

adults who lack the capacity to protect themselves and are at

imminent risk of abuse, neglect, exploitation or abandonment

shall have access to and be provided with services necessary

to protect their health, safety and welfare.

(2) It is not the purpose of this act to place

restrictions upon the personal liberty of [incapacitated]

older adults, but this act should be liberally construed to

assure the availability of protective services to all older

adults in need of them.

(3) Such services shall safeguard the rights of

[incapacitated] older adults while protecting them from

abuse, neglect, exploitation and abandonment. [It is the

intent of the General Assembly]

(4) The General Assembly intends to provide for the

detection and reduction, correction or elimination of abuse,

neglect, exploitation and abandonment[,] and to establish a

program of protective services for older adults in need of

them.

(5) It is the policy of the Commonwealth that

convictions for certain offenses that evidence a reckless

disregard for the vulnerability of care-dependent

populations, certain offenses involving misappropriation or

misuse of property or convictions that involve inappropriate

or irresponsible behavior may legitimately warrant time-

limited bans on employment working with older adults under

this act.

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

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caretaker.

"Abuse." The occurrence of one or more of the following

acts:

(1) The infliction of injury, unreasonable confinement,

intimidation or punishment with resulting 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 harassment, rape or abuse, as defined in the

act of October 7, 1976 (P.L.1090, No.218), known as the

Protection From Abuse Act.

No older adult shall be found to be abused 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.]

(3) Sexual abuse, including:

(i) rape;

(ii) involuntary deviate sexual intercourse;

(iii) sexual assault;

(iv) aggravated indecent assault;

(v) indecent assault; and

(vi) incest.

(4) Sexual harassment, including:

(i) unwelcome sexual advances;

(ii) requests for sexual favors; and

(iii) other unwelcome verbal or physical conduct of

a sexual nature.

"Administrator." The person responsible for the

[administration] management of a facility. The term includes a

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person responsible for employment decisions or an independent

contractor responsible for administration of a facility.

["Agency." The local provider of protective services, which

is the area agency on aging or the agency designated by the area

agency on aging to provide protective services in the area

agency's planning and service area.]

"Agent." A person authorized to act on behalf of an older

adult, including a person acting pursuant to a power of

attorney.

"Applicant." An individual who submits an application to be

considered for employment.

"Area agency on aging" or "AAA." The single local agency or

its agent 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 AND COGNITIVE well-being, along with

a description of the older adult's current resources and needs

using instruments and procedures established by the department.

"Care." Services provided to meet [a person's] an older

adult's need for personal care or health care[. Services may

include homemaker services, assistance with activities of daily

living, physical therapy, occupational therapy, speech therapy,

medical social services, home-care aide services, companion-care

services, private duty nursing services, respiratory therapy,

intravenous therapy, in-home dialysis and durable medical

equipment services, which are routinely provided unsupervised

and which require interaction with the care-dependent person.

The term does not include durable medical equipment delivery.]

which requires interaction with the older adult.

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

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or cognitive disability, INCLUDING ALZHEIMER'S DISEASE AND

DEMENTIA, or impairment, requires assistance to meet needs for

food, shelter, clothing, personal care or health care.

"Caretaker." [An individual or institution 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 family relationship, or by

order of a court of competent jurisdiction. It is not the intent

of this act to impose responsibility on any individual if such

responsibility would not otherwise exist in law.

"Client assessment." Social, physical and psychological

findings along with a description of the person's current

resources and needs.

"Court." A court of common pleas or a district magistrate

court, where applicable.] Any person who:

(1) is an owner, operator, manager or employee of any of

the following licensed or unlicensed entities:

(i) a nursing home, personal care home, assisted

living facility RESIDENCE , private care residence or

domiciliary care home;

(ii) a community residential facility or

intermediate care facility for a person with mental

disabilities;

(iii) an adult daily living center;

(iv) a home health service provider; or

(v) a health care facility 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.

(2) provides care to an older adult in the settings

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described under paragraph (1);

(3) has an obligation to care for an older adult person

for monetary consideration in the settings described under

paragraph (1);

(4) is an adult who resides with an older adult and who

has a legal duty to provide care or who has voluntarily

assumed an obligation to provide care because of a familial

relationship, contract or court order; or

(5) is an adult who does not reside with an older adult

but who has a legal duty to provide care or who has

affirmatively assumed a responsibility for care or who has

responsibility by contract or court order.

"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 that, where feasible,

is obtained in writing.

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

"Employee." An individual who [is employed by a facility.

The term includes contract employees who have direct contact

with residents or unsupervised access to their personal living

quarters. The term includes any person who is employed or who

enters into a contractual relationship to provide care to a

care-dependent individual for monetary consideration in the

individual's place of residence.]:

(1) is employed by a facility, or the affiliated

corporate entity of a facility, or enters into a contractual

relationship with a facility, an older adult, an older

adult's family, agent, legal representative or the affiliated

corporate entity of a facility, to provide care to an older

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adult;

(2) has unsupervised access to another individual and

that individual's living quarters, resources or personal

records; or

(3) is a student doing an internship or clinical

rotation or any other individual who has been granted access

to a facility or older adult to perform a clinical service

for a fee PAID BY THE FACILITY .

"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 or authorization of the

older adult or with consent or authorization obtained through

misrepresentation, coercion or threats of force, [that results]

resulting in monetary, personal or other benefit, gain or profit

for [the perpetrator] that caretaker or person, or monetary or

personal loss to the older adult.

"Facility." Any of the following:

(1) A domiciliary care home 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) [A home health care agency.]

(3) A long-term care nursing facility 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.] Any of the

following entities as defined in section 802.1 of the Health

Care Facilities Act:

(i) A home health care agency.

(ii) A long-term care nursing facility.

(iii) A hospice.

(iv) A home care agency.

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(v) A home care registry.

(4) 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.

(5) A personal care home as defined in section 1001 of

the act of June 13, 1967 (P.L.31, No.21), known as the

[Public Welfare] Human Services Code.

(6) An assisted living residence as defined in section

1001 of the Human Services Code.

(7) A PACE provider as defined in section 1894 of the

Social Security Act (49 Stat. 620, 42 U.S.C. § 1395eee).

(8) 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." The wrongful or unauthorized

taking or attempt to take by withholding, appropriation,

concealment or use of money, assets or property of an older

adult, including any act or omission taken by a person,

including through the use of a power of attorney, guardianship,

custodian, trustee, personal representative or conservatorship

of an older adult or by an individual who stands in a position

of trust and confidence with the older adult, including business

transactions to:

(1) obtain or attempt to obtain control, through

deception, intimidation or undue influence, over the older

adult's money, assets or property to deprive the older adult

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of the ownership, use, benefit or possession of the older

adult's money, assets or property; or

(2) convert or attempt to 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 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) Any 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 funds, including

any person who engages as a business in an informal money

transfer system or any network of people who engage as a

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business in facilitating the transfer of money domestically

or internationally outside of the conventional financial

institutions system.

(15) A person required to be registered as an investment

adviser by the Investment Advisers Act of 1940 (54 Stat. 847,

15 U.S.C. § 80b-1 et seq.) or under the laws of this

Commonwealth.

(16) Any business or agency that engages in activity the

department determines, by regulation, to be similar to,

related to or a substitute for any activity engaged in by a

business described in paragraphs (1) through (14).

["Home health care agency." Any of the following:

(1) A home health care organization or agency licensed

by the Department of Health.

(2) A public or private agency or organization, or part

of an agency or organization, which provides care to a care-

dependent individual in the individual's place of residence.]

"Incapacitated person." An adult whose ability to receive or

evaluate information effectively or communicate decisions in any

way is impaired to such a significant extent that the adult is

partially or totally unable to manage the adult's financial

resources or to meet essential requirements for the adult's

physical health and safety.

"Intimidation." An act or omission by any person or entity

toward another person [which is intended to, or with knowledge

that the act or omission will, obstruct, impede, impair, prevent

or interfere] that obstructs, impedes, impairs, prevents or

interferes with the administration of this act or any other law

intended to protect older adults from mistreatment.

"Law enforcement official." Any of the following:

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(1) A police officer of a municipality.

(2) A district attorney.

(3) The Pennsylvania State Police.

(4) A county sheriff.

(5) The Attorney General of the Commonwealth.

(6) The United States Department of Justice and other

Federal law enforcement agencies.

(7) A law enforcement authority in another state.

"Mandatory reporter." Any of the following:

(1) A facility employee or administrator.

(2) A health care provider that is:

(i) a licensed hospital or health care facility; or

(ii) an individual licensed, certified or otherwise

regulated to provide health care services under the laws

of this Commonwealth, including a physician,

GERIATRICIAN, NEUROLOGIST, podiatrist, optometrist,

psychologist, psychiatrist, physical therapist, certified

nurse practitioner, registered nurse, nurse midwife,

physician's assistant, chiropractor, dentist, pharmacist

or any other individual accredited or certified to

provide behavioral health services.

(3) Coroner LAW ENFORCEMENT OFFICER .

"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. No older

adult who does not consent to the provision of protective

services shall 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.

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"Older adult." [A person] An individual within the

jurisdiction of [the] this 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 OR

COGNITIVE health, for whom there is no responsible caretaker and

who is at imminent risk of danger to his person or property.

"Protective services." Those activities, resources and

supports provided to older adults under this act to detect,

prevent, reduce or eliminate abuse, neglect, exploitation and

abandonment.

["Protective setting." A setting chosen by the agency where

services can be provided in the least restrictive environment to

protect the physical and mental well-being of the older adult.]

"Recipient." An individual who receives care, services or

treatment in or from a facility.

"Secretary." The Secretary of Aging of the Commonwealth.

["Serious bodily injury." Injury which creates a substantial

risk of death or which causes serious permanent disfigurement or

protracted loss or impairment of the function of a body member

or organ.

"Serious physical injury." An injury that:

(1) causes a person severe pain; or

(2) significantly impairs a person's physical

functioning, either temporarily or permanently.]

"Serious bodily injury." Injury that:

(1) creates a substantial risk of death; or

(2) causes serious permanent disfigurement or protracted

loss or impairment of the function of a body member or organ.

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The term does not include an isolated accidental injury self-

inflicted by the older adult.

"Service plan." A written plan [developed]:

(1) Developed by the [agency] area agency on aging on

the basis of comprehensive assessment of [a client's need

which describes identified needs, goals to be achieved and

specific services to support goal attainment, with regular

follow-up and predetermined reassessment of client progress.

Specific services to support goal attainment may include, but

is not limited to, homemaker services, home-delivered meals,

attendant care, other in-home services, emergency shelter or

food, legal aid services, transportation and other such

services. Service plans are cooperatively developed by the

agency staff, the client or the client's appointed guardian,

and other family members when appropriate. The plan shall

also address, where applicable, special needs of other

members of the household unit as they may affect the older

adult's need for protective services.]

"Sexual abuse." Intentionally, knowingly or recklessly

causing or attempting to cause rape, involuntary deviate sexual

intercourse, sexual assault, statutory sexual assault,

aggravated indecent assault, indecent assault or incest.] an

older adult that describes identified needs and specific

services designed to support goal attainment.

(2) That includes regular follow-up and predetermined

reassessment of progress.

(3) In which the specific services support goal

attainment and may include, but need not be limited to:

(i) Homemaker services.

(ii) Home-delivered meals.

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(iii) Personal care.

(iv) Other in-home services.

(v) Emergency shelter or food.

(vi) Legal aid services.

(vii) Transportation.

(viii) Victim services or counseling.

(IX) REFERRALS FOR COGNITIVE ASSESSMENT.

(ix) (X) Other such services.

(4) Cooperatively developed by the area agency on aging

staff, the older adult or his legal representative, and other

family members, and staff from the facility, when

appropriate.

(5) That addresses special needs of other members of the

household unit if they affect the older adult's need for

protective services.

"Suspicious death." A death that is unexpected with

unexplained circumstances or cause.

Section 301. Duties of department and area agencies on aging.

(a) Public information and interdepartmental consultation.--

The department shall conduct an ongoing public awareness

campaign designed to inform and educate older adults,

professionals and the general public about the need for [an] and

the availability of protective services under this [chapter]

ACT. The department shall consult with other [departments of the

Commonwealth] State agencies on the design and implementation of

the ongoing public awareness campaign. The department shall also

consider the concerns of area agencies on aging and the entities

identified by them under subsection (c).

(b) Staff training.--

(1) The department shall, AFTER CONSULTATION WITH A

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REPRESENTATIVE OF THE AREA AGENCY ON AGING, establish minimum

standards of training and experience [which] that protective

services providers funded by the department shall be required

to follow in the selection and assignment of staff for the

provision of protective services.

(2) The department shall establish a training program

for mandatory reporters about the requirement to report under

this act.

(1) Each area agency on aging shall include a protective

services plan as part of its annual plan. The plan shall

describe the local implementation of this [chapter] act,

including the organization, staffing, mode of operations and

financing of protective services, as well as the provisions

made for purchase of services, interagency relations,

interagency agreements, service referral mechanisms and locus

of responsibility for cases with multiservice agency needs.

(2) [The [description of] SUBJECT TO THE REQUIREMENTS OF

SECTION 312, THE department shall establish the [methods]

STANDARDS that will be used by the [agency] AAA, its

designees and its service providers to assure the privacy of

older adults receiving services and the confidentiality of

all records [shall be established by the department]. The

department shall establish a schedule for the submission and

approval of the plans.

(3) The [plan shall include] area agency on aging shall

include in the plan, a list of all entities, whether public

or private, that have been identified by the [area agency on

aging] AAA as having substantial contact with potential

victims or alleged perpetrators of abuse, neglect,

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exploitation and abandonment. [This list shall be submitted]

The area agency on aging shall submit this list to the

department for purposes of the public information campaign

under subsection (a).

Section 2. The act is amended by adding a section to read:

Section 301.1. Duties of financial institutions and

fiduciaries.

(a) Training.--A 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

for its employees to:

(1) Identify activities that constitute the financial

exploitation of older adults.

(2) Recognize signs of potential financial exploitation

of older adults.

(3) Prevent and deter the financial exploitation of

older adults.

(4) Respond to suspected cases of financial exploitation

of older adults.

(b) Model training program.--The department, in cooperation

with the Department of Banking and Securities and

representatives of the financial services industry in this

Commonwealth, shall establish a model training program that may

be used to satisfy the requirements of subsection (a). A

national organization's training program may be adopted as the

model program if the training is certified or accredited.

institution subject to visitorial examination by a regulatory

authority that incorporates the training activities required by

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subsection (a) into the financial institution's employee

training program to control fraud and money laundering that is

subject to examination by the regulatory authority shall be

deemed to be in compliance with subsection (a).

(d) Authority to prohibit disbursement of funds and

transactions.--

(1) If a financial institution or fiduciary reasonably

believes after initiating an internal review that a requested

disbursement or transaction may result in the financial

exploitation of an older adult, the financial institution or

fiduciary may, but is not required to, refuse to make the

disbursement or engage in the transaction, as appropriate, to

prevent financial exploitation of the 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 funds or engage in a

transaction under this section if an area agency on aging or

law enforcement official requests the financial institution

or fiduciary to do so in writing or provides information in

writing to the financial institution 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.

(3) A financial institution or fiduciary is not required

to refuse to disburse funds or engage in a transaction when

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provided with information alleging that financial

exploitation of an older adult may have occurred, may have

been attempted or is being attempted and may use the

financial institution's or fiduciary's discretion to

determine whether or not to refuse to disburse funds 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

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:

(i) Make a reasonable effort to notify all persons

authorized to transact business on the account or that

are beneficiaries of the account affected by the refusal

to make the disbursement or engage in the transaction,

orally or in writing, except for any person reasonably

believed to have engaged in the suspected or attempted

financial exploitation of the older adult.

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

or law enforcement officials.

(5) A notification provided under paragraph (4)(i) is

sufficient if the notice states that a financial institution

or fiduciary has temporarily blocked the disbursement of

funds or delayed the execution of transactions as authorized

by this subsection and identifies the name of the financial

institution or fiduciary and any account or transactions to

which the notification applies and provides a name and

telephone number of a contact person representing the

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financial institution or fiduciary or the area agency on

aging or law enforcement agency to which a report has been

provided under paragraph (4)(ii).

(6) Any refusal to disburse funds 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

disburse the funds or engage in a transaction, unless

sooner terminated or extended by an order of a court of

competent jurisdiction, or upon a request made by a law

enforcement official, the department or an area agency on

aging. An additional 25 business days shall be permitted,

if requested by a law enforcement official, the

department or an area agency on aging or following the

submission of an application for a court order further

extending the time period; or

(ii) except as provided by paragraph (i), the time

when the financial institution or fiduciary is satisfied

that the disbursement will not result in financial harm

to the older adult. A request provided by subparagraph

(i) shall be documented in writing.

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

extending the refusal by the financial institution or

fiduciary to disburse funds 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

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competent jurisdiction may also order other protective relief

as authorized.

(e) Immunity.--Except as provided by subsection (g), 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 or failure to identify the

financial exploitation of an older adult.

(2) A decision to make a report or not make a report

under subsection (a).

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

transaction under subsection (c) or a decision to allow the

disbursement of funds or the conduct of transactions under

subsection (c).

(4) The release of information to a law enforcement

agency, the department or an area agency on aging as

authorized by this chapter.

(f) Additional immunities and defenses.--Notwithstanding any

other law to the contrary:

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

a transaction as 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

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

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

availability of funds and collection of checks (regulation

cc)).

(g) Limitation.--The immunities and defenses provided under

subsections (e) and (f) 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.

(h) Suspicious activity reports.--

(1) 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.

(2) Except as prohibited by Federal law, any other

Commonwealth agency that receives or is granted access to

such reports from the United States Department of the

Treasury shall make the reports or access to the reports

available to the department in order to facilitate the

discharge of the department's duties under this act.

Section 3. Section 302 of the act is amended to read:

Section 302. Reporting; protection from retaliation; immunity.

(a) [Reporting] Voluntary reports.--Any person, including an

employee of a financial institution or fiduciary, having

reasonable cause to [believe] suspect that an older adult [is in

need of protective services] may be a victim of abuse, neglect,

exploitation or abandonment may report such information to the

[agency which is the local provider of protective services.

Where applicable, reports shall comply with the provisions of

20190HB1930PN3949 - 21 -

Chapter 7.

(b) Receiving reports.--The agency shall be capable of

receiving reports of older adults in need of protective services

24 hours a day, seven days a week (including holidays). This

capability may include the use of a local emergency response

system or a crisis intervention agency, provided that access can

be made to a protective services caseworker in appropriate

emergency situations as set forth in regulations promulgated by

the department. All reports received orally under this section

shall be reduced to writing immediately by the person who

receives the report.

or cooperating with the agency, including providing testimony in

any administrative or judicial proceeding, and the victim shall

be free from any discriminatory, retaliatory or disciplinary

action by an employer or by any other person or entity. Any

person who violates this subsection is subject to a civil

lawsuit by the reporter or the victim wherein the reporter or

victim shall recover treble compensatory damages, compensatory

and punitive damages or $5,000, whichever is greater.

(c.1) Intimidation; penalty.--Any person, including the

victim, with knowledge sufficient to justify making a report or

cooperating with the agency, including possibly providing

testimony in any administrative or judicial proceeding, shall be

free from any intimidation by an employer or by any other person

or entity. Any person who violates this subsection is subject to

civil lawsuit by the person intimidated or the victim wherein

the person intimidated or the victim shall recover treble

compensatory damages, compensatory and punitive damages or

$5,000, whichever is greater.

20190HB1930PN3949 - 22 -

(d) Immunity.--Any person participating in the making of a

report or who provides testimony in any administrative or

judicial proceeding arising out of a report shall be immune from

any civil or criminal liability on account of the report or

testimony unless the person acted in bad faith or with malicious

purpose. This immunity shall not extend to liability for acts of

abuse, neglect, exploitation or abandonment, even if such acts

are the subject of the report or testimony.] area agency on

aging.

(e) Mandatory reports.--

(1) 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 AAA shall advise the mandatory reporter of additional

reporting requirements that may pertain under paragraph (2).

Within 48 hours of making the oral report, the mandatory

reporter shall make a written report to the AAA.

(2) 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, in

addition to any duty imposed under paragraph (1), 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 AAA shall forward the report to the department

within 48 hours of receipt.

(3) A written mandatory report under this subsection

shall be in a manner and on forms prescribed by the

20190HB1930PN3949 - 23 -

department. At a minimum, the report shall include the

following information, as well as any additional information

required by regulation:

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

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

representative or next of kin.

(iii) Name and address of the facility, if

applicable.

(iv) 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.

(v) 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.

(vi) 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.

(4) A mandatory reporter shall be trained by the

department or its agent on the requirements to report under

this act.

(f) Coroner.--For a report under subsection (a) or (b) 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.

Section 4. Sections 303 and 304 of the act are repealed:

20190HB1930PN3949 - 24 -

<--

[Section 303. Investigations of reports of need for protective

services.

(a) Investigation.--It shall be the agency's responsibility

to provide for an investigation of each report made under

section 302. 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. These regulations

shall provide for the methods of conducting investigations under

this section and shall assure that steps are taken to avoid any

conflict of interest between the investigator and service

delivery functions. Reports and investigations under this

section shall comply with Chapter 7, where applicable.

(b) Investigation involving licensed facilities.--Any report

concerning older adults residing in a State-licensed facility

shall be investigated under procedures developed by the

department in consultation with the State agency licensing such

facility. If the report concerns a resident of a State-licensed

facility for whom the area agency on aging provides ombudsman

services, the ombudsman of the area agency on aging must be

notified.

agency, the report is unsubstantiated, the case shall be closed

and all information identifying the reporter and the alleged

abuser 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

six months under procedures established by the department.

(d) Substantiated reports.--If the report is substantiated

20190HB1930PN3949 - 25 -

by the agency, or if the client assessment is necessary in order

to determine whether or not the report is substantiated, the

agency shall provide for a timely client assessment if the older

adult consents to an assessment. Upon completion of the

assessment, written findings shall be prepared which shall

include recommended action. This service plan shall provide for

the least restrictive alternative, encouraging client self-

determination and continuity of care. The service plan 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 a client assessment or the development of a

service plan, the agency may apply to the case the provisions of

section 307.

Section 304. Provision of services; access to records and

persons.

(a) Availability of protective services.--The agency shall

offer protective services under any of the following conditions:

(1) An older adult requests such services.

(2) Another interested person requests such services on

behalf of an older adult.

(3) If, after investigation of a report, the agency

determines the older adult is in need of such services.

(b) Consent by request.--Except as provided in section 307,

an individual shall receive protective services voluntarily. In

no event may protective services be provided under this chapter

to any person who does not consent to such services or who,

having consented, withdraws such consent, unless such services

are ordered by a court, requested by a guardian of the older

adult or provided under section 307. Nothing in this chapter

20190HB1930PN3949 - 26 -

shall prevent the agency from petitioning for the appointment of

a guardian pursuant to Title 20 of the Pennsylvania Consolidated

Statutes (relating to decedents, estates and fiduciaries).

with the provision of services or interferes with the right of

an older adult to consent to provision of services, the agency

may petition the court for an order enjoining such interference.

(d) Access to records.--The agency shall have access to all

records relevant to:

(1) Investigations of reports under section 303.

(2) Assessment of client need.

(3) Service planning when an older adult's need for

protective services has been or is being established.

(4) The delivery of services arranged for under the

service plan developed by the agency to respond to an older

adult's assessed need for specific services.

(e) Access to persons.--The agency shall have access to

older persons who have been reported to be in need of protective

services in order to:

(1) Investigate reports under section 303 and Chapter 7.

(2) Assess client need and develop a service plan for

addressing needs determined.

(3) Provide for the delivery of services by the agency

or other service provider arranged for under the service plan

developed by the agency.

(f) Denial of access to persons.--If the agency is denied

access to an older adult reported to be in need of protective

services and access is necessary to complete the investigation

or the client assessment and service plan, or the delivery of

needed services in order to prevent further abuse, neglect,

20190HB1930PN3949 - 27 -

exploitation or abandonment of the older adult reported to be in

need of protective services, the agency may petition the court

for an order to require the appropriate access when either of

the following conditions apply:

(1) The caretaker or a third party has interfered with

the completion of the investigation or the client assessment

and service plan or the delivery of services.

(2) The agency 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, or exploitation or abandonment.

(g) Access by consent.--The agency's access to confidential

records held by other agencies or individuals and the agency's

access to an older adult reported to be in need of protective

services shall require the consent of the older adult or a

court-appointed guardian except as provided for under this

section or section 307.

(h) Denial of access to records.--If the agency is denied

access to records necessary for the completion of a proper

investigation of a report or a client assessment and 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

20190HB1930PN3949 - 28 -

denying access to records because of incompetence, coercion,

extortion or justifiable fear of future abuse, neglect,

exploitation or abandonment.]

Section 5. The act is amended by adding sections to read:

Section 304.1. Receipt and investigation of reports.

(a) Receipt.--The area agency on aging shall be capable of

receiving reports of older adults in need of protective services

24 hours per day, seven days per week. This capability may

include the use of a local emergency response system or a crisis

intervention agency provided that 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

immediately in a manner set forth by the department.

(b) Investigation.--

(1) The 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 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.

(2) Consent of the older adult is not required in order

to begin investigating reports of abuse, neglect,

exploitation or abandonment.

(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:

20190HB1930PN3949 - 29 -

(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

AAA or other service provider arranged for under the

service plan.

(2) If the AAA is denied access to an older adult

reported to be in need of protective services, the AAA may

petition the court for an order to require any of the

following:

(i) Access to the older adult.

(ii) A medical evaluation of the older adult.

(iii) A psychiatric or psychological evaluation of

the older adult.

(3) For purposes of paragraph (2), denial of access may

include:

(i) interference by a caretaker or third party with

the completion of the investigation or the assessment and

service plan or the delivery of services; or

(ii) refusal of the older person to permit or

cooperate with the AAA investigation as a result of

coercion, extortion or justifiable fear of future abuse,

neglect, exploitation, abandonment or death.

(d) Access to records.--

(1) The AAA shall, subject to the consent of the older

adult, have access to all records for the purposes of:

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

(ii) Planning and delivery of services.

(iii) Investigating reports.

(2) Records of State agencies, private organizations,

20190HB1930PN3949 - 30 -

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 AAA 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 AAA unless the disclosure

would be prohibited by any other provision of Federal or

State law. Except as provided by a court order, access to

records of financial institutions shall be limited to records

relating to the most recent transaction or transactions that

may comprise financial exploitation and that occurred not

more than 60 calendar days prior to the first transaction

that was reported or 60 calendar days after the last

transaction that was reported.

(3) If the AAA can demonstrate that the older adult has

denied access to the older adult's records because of

incapacity, coercion, extortion or justifiable fear, the AAA

shall have the power to access all records. If the older

adult denying access to records is competent, the AAA may

petition the court for an order to require access.

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

the older adult's records, the AAA may petition the court for

an order to require access.

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

compensate any person requested or ordered to provide records

to the AAA 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 96-

630, 12 U.S.C. § 3415).

20190HB1930PN3949 - 31 -

<--

(e) Investigations involving facilities.--

(1) If the report concerns a facility, the area agency

on aging shall notify the local ombudsman and the licensing

agency. Any investigations concerning facilities shall be

conducted under procedures developed by the department in

consultation with the State agency with oversight authority

for such facility.

(2) The department and any other State agency shall

share information with one another and with mandatory

reporters, fiduciaries and financial institutions necessary

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

and to assist financial institutions and fiduciaries in

exercising their authority to prohibit disbursement of funds

and transactions as provided by section 301.1(c).

(3) Facilities shall take reasonable steps to protect

the older adults following receipt of a report of suspected

abuse, neglect, abandonment or exploitation involving a

facility employee, including a plan of supervision or

suspension.

(4) A FACILITY SHALL BE DETERMINED TO BE A CARETAKER IF:

(I) THE FACILITY HAS TERMINATED THE EMPLOYEE; OR

(II) THE FACILITY HAS ELIMINATED THE ALLEGED

PERPETRATOR'S ACCESS TO THE OLDER ADULT BY PROHIBITING

THE ALLEGED PERPETRATOR FROM ENTERING THE FACILITY.

(f) Investigations involving law enforcement.--

(1) Law enforcement officials, the area agency on aging

and mandatory reporters shall coordinate their respective

investigations and shall advise each other and provide any

applicable additional information on an ongoing basis.

(2) Upon receiving a report that falls into any of the

20190HB1930PN3949 - 32 -

<--

following categories, the AAA shall immediately notify law

enforcement:

(i) Suspicious death.

(ii) Serious bodily injury.

(iii) Sexual abuse.

(3) Following a referral to law enforcement:

(i) The AAA shall contact law enforcement to obtain

information about any actions taken and the outcomes,

including any decisions regarding criminal charges.

(ii) Law enforcement shall provide this information

to the extent that it is available.

(iii) To the extent a law enforcement agency

exercises discretion not to 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.

(iv) The AAA shall report this information to the

department in a manner prescribed by the department.

(g) Unsubstantiated reports.--If, after investigation by the

area agency on aging, the report is unsubstantiated, the case

shall be closed. For purposes of substantiating a pattern of

abuse, neglect, exploitation or abandonment, case records shall

be maintained for six months.

(h) Substantiated reports.--

(1) If, after investigation by the area agency on aging,

the report is substantiated, the AAA, in conjunction with the

older adult, the older adult's caregiver, including the

healthcare provider or representative from the facility,

20190HB1930PN3949 - 33 -

shall develop a service plan.

(2) The service plan shall encourage self-determination

and continuity of care in the least restrictive setting.

(3) For purposes of substantiating a pattern of abuse,

neglect, exploitation or abandonment, case records shall be

maintained for three years.

(4) The AAA may pursue civil or criminal remedies.

(5) An older adult shall not be found to be abused or

neglected 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.

Section 304.2. Provision of protective services.

(a) Availability of protective services.--The area agency on

aging shall offer protective services under any BOTH of the

following conditions:

(1) An older adult requests protective services.

(2) Another interested person requests protective

services on behalf of an older adult.

(3) After investigation of a report, the AAA determines

the older adult is in need of protective services.

(1) EITHER:

(I) AN OLDER ADULT REQUESTS PROTECTIVE SERVICES; OR

(II) ANOTHER INTERESTED PERSON REQUESTS PROTECTIVE

SERVICES ON BEHALF OF AN OLDER ADULT; AND

(2) AFTER INVESTIGATION OF A REPORT, THE AAA DETERMINES

THE OLDER ADULT IS IN NEED OF PROTECTIVE SERVICES.

(b) Consent by request.--An older adult shall receive

protective services voluntarily, unless protective services are

ordered by a court of competent jurisdiction or requested by the

20190HB1930PN3949 - 34 -

<--

older adult's legal representative.

interferes with the provision of protective services or

interferes with the right of an older adult to consent to

provision of protective services, the area agency on aging may

petition the court for an order enjoining such interference.

(d) Financial obligations; liabilities and payments.--All

older adults receiving services and all agencies providing

protective services under this act shall comply with the

following provisions regarding liability for the payment of

services:

(1) Funding to provide or make available protective

services under this act shall not be used in place of any

public or private entitlements or benefits for which the

older adult receiving protective services under this act is

or may be eligible.

(2) Funding available to local protective services

agencies under this act 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

20190HB1930PN3949 - 35 -

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, protective

services determined by a service plan to be necessary to

reduce, correct or eliminate abuse, neglect, exploitation

or abandonment of an older adult when such protective

services are not available within the existing resources

of the AAA or other appropriate provider. Purchase of

protective services under this subparagraph shall be

limited to a 30-day period, which period 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 protective services received

by other older adults when the receipt of such protective

services by others is not subject to cost sharing.

Section 6. Sections 305 and 306 of the act are repealed:

[Section 305. Immunity from civil and criminal liability.

In the absence of willful misconduct or gross negligence, the

agency, the director, employees of the agency, 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.

Section 306. Confidentiality of records.

(a) General rule.--Information contained in reports, records

of investigation, client assessment and service plans shall be

20190HB1930PN3949 - 36 -

considered confidential and shall be maintained under

regulations promulgated by the department to safeguard

confidentiality. Except as provided below, this information

shall not be disclosed to anyone outside the agency other than

to a court of competent jurisdiction or pursuant to a court

order.

(b) Limited access to the agency's protective services

records.--

(1) In the event that an investigation by the agency

results in a report of criminal conduct, law enforcement

officials shall have access to all relevant records

maintained by the agency or the department.

(2) In arranging specific services to carry out service

plans, the agency may disclose to appropriate service

providers such information as may be necessary to initiate

the delivery of services.

(3) A subject of a report made under section 302 may

receive, upon written request, all information contained in

the report except that prohibited from being disclosed by

paragraph (4).

(4) The release of information that would identify the

person who made a report of suspected abuse, neglect,

exploitation or abandonment or person who cooperated in a

subsequent investigation, is hereby prohibited unless the

secretary can determine that such a release will not be

detrimental to the safety of such person.

(5) When the department is involved in the hearing of an

appeal by a subject of a report made under section 302, the

appropriate department staff shall have access to all

information in the report record relevant to the appeal.

20190HB1930PN3949 - 37 -

(6) For the purposes of monitoring agency performance,

appropriate staff of the department may access agency

protective services records.]

Section 7. Section 307 of the act is amended to read:

Section 307. Involuntary intervention by emergency court order.

(a) Emergency petition.--[Where there was clear and

convincing evidence that if protective services are not

provided, the person to be protected is at imminent risk of

death or serious physical harm, the agency may petition the

court for an emergency order to provide the necessary services.

The courts of common pleas of each judicial district shall

ensure that a judge or district justice is available on a 24-

hour-a-day, 365-day-a-year basis to accept and decide on

petitions for an emergency court order under this section

whenever the agency determines that a delay until normal court

hours would significantly increase the danger the older adult

faces.]

(1) 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.

(2) The court of common pleas shall grant the AAA'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.

(3) The courts of common pleas of each judicial district

shall ensure that a judge or magisterial district judge is

available on a 24-hour-a-day, 365-days-a-year basis to accept

20190HB1930PN3949 - 38 -

and rule on petitions for emergency court orders under this

section whenever the AAA 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 such protective services as are 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, such counsel shall be

appointed by the court.

(d) Forcible entry.--[Where it is necessary to forcibly

enter premises after obtaining a court order, a peace officer

may do so, accompanied by a representative of the agency.] If it

is necessary to forcibly enter a 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 [agency] area

agency on aging shall take reasonable steps to [assure] ensure

that while the [person is receiving] older adult receives

protective services under an emergency court order, the [health

and safety needs of any of the [person's] older adult's

dependents are met and that] personal property and the dwelling

the [person] older adult occupies are secure. IF ANY OF THE

OLDER ADULT'S DEPENDENTS HAVE HEALTH AND SAFETY NEEDS, THE AAA

SHALL MAKE A REFERRAL TO CHILD PROTECTIVE SERVICES OR ADULT

PROTECTIVE SERVICES BASED ON THE AGE OF THE DEPENDENT.

20190HB1930PN3949 - 39 -

<--

[(f) Exclusion of remedy.--Nothing in this chapter shall be

interpreted to deny any older adult access to the emergency

medical services or police protection that would be provided to

anyone, regardless of age, in similar circumstances.]

Section 8. Sections 308, 309, 310, and 311 of the act are

repealed:

[Section 308. Individual rights.

(a) Rights of protective services clients.--The agency shall

observe the following minimum requirements to safeguard the

rights of an older adult who is reported to be in need of

protective services:

(1) The agency shall discreetly notify the older person

during the investigation that a report has been made and

shall provide the person with a brief summary of the nature

of the report.

(2) As provided under section 306(b)(3), the older adult

may request, and the agency shall provide, additional

information contained in the report.

(3) Any denial of services by the department or an

authorized agency under this chapter 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.

(4) Nothing in this act shall limit the right of any

older person to file a petition pursuant to the act of

October 7, 1976 (P.L.1090, No.218), known as the Protection

From Abuse Act.

(b) Rights of alleged abusers.--An individual who is alleged

in a protective services report to be a perpetrator of the

20190HB1930PN3949 - 40 -

abuse, neglect, exploitation or abandonment of an older adult

shall be entitled to the following if the report is

substantiated by the agency:

(1) Such an individual shall be notified by the agency

at the conclusion of the investigation of the report that

allegations have been made and shall be given a brief summary

of the allegations.

(2) As provided under section 306(b)(3), the alleged

perpetrator may request, and the agency shall provide,

additional information contained in the report.

(3) An alleged perpetrator is entitled to file an appeal

with the department under 1 Pa. Code Part II (relating to

general rules of administrative practice and procedure) to

challenge the agency's finding resulting from the

investigation of a report made under section 303.

Section 309. Financial obligations; liabilities and payments.

All individuals receiving services and all agencies providing

services under this chapter shall comply with the following

provisions regarding liability for the payment of services:

(1) Funding to provide or make available protective

services under this chapter shall not supplant any public and

private entitlements or resources for which persons receiving

protective services under this chapter are or may be

eligible, and shall not be available until such persons have

exhausted their eligibility and receipt of benefits under

said public and private entitlements or resources.

(2) Funding available to local protective services

agencies under this chapter may be used to cover the costs of

activities including, but not limited to, the following:

(i) Administering protective services plans required

20190HB1930PN3949 - 41 -

under section 301(c).

(ii) Receiving and maintaining records of reports of

abuse under section 302.

(iii) Conducting investigations of reported abuse

under section 303.

(iv) Carrying out client assessments and developing

service plans under section 303.

(v) Petitioning the court under sections 304 and

307.

(vi) Providing emergency involuntary intervention

under section 307.

(vii) Arranging for available services needed to

carry out service plans, which may include, as

appropriate, arranging for services for other household

members 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 such services are not

available within the existing resources of the agency 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

promulgated by the department.

(3) The obligation of the Commonwealth and the counties

to provide funds to the department or any agency for services

provided pursuant to this chapter shall be entirely

discharged by the appropriations made to the department or an

agency. Provided that the agency has met its responsibility

20190HB1930PN3949 - 42 -

under the law, no action at law or equity shall be instituted

in any court to require the department, any agency, county or

the Commonwealth to provide benefits or services under this

chapter for which appropriations from the Commonwealth or

counties are not available.

(4) Protective services clients receiving the same

services provided to others under an agency service plan

shall not be required to pay a fee for any services not

subject to cost sharing for other older adults.

Section 310. Regulations; enforcement.

(a) Promulgation of regulations.--The department shall

promulgate the rules and regulations to carry out this chapter

and shall be responsible for presenting to the General Assembly

annually a report on the program and services performed.

(b) Enforcement.--This chapter shall be enforced only after

promulgation of regulations by the department, which shall occur

no later than 12 months following passage of this chapter,

except that section 301 shall apply when the area agency on

aging certifies to the department that it is prepared to fulfill

its responsibilities. The certification shall be made within 90

days following promulgation of regulations.

Section 311. Funds for payment of administration of chapter.

Funds necessary to administer this chapter shall be provided

by annual appropriation by the General Assembly.]

Section 9. The act is amended by adding sections to read:

Section 312. Confidentiality of records.

(a) General rule.--Information contained in reports, records

of investigation, assessments and service plans created under

this act shall be considered privileged and confidential and

shall be maintained under regulations issued by the department.

20190HB1930PN3949 - 43 -

Except as provided below, this information shall only be

disclosed by the area agency on aging for the purpose of

development and implementation of protective services. Neither

the department nor the AAA may release information that could be

detrimental to an older adult, except that such information

shall be released to law enforcement under subsection (b)(2).

All information contained in protective services records is

subject to other Federal and State confidentiality and security

laws.

(b) Access.--

(1) Any person in possession of protective services

records may only provide access to the records, or

information contained in the records, to:

(i) A court of competent jurisdiction or another

party pursuant to a court order for purposes of

implementation of this act or other law enforcement or

official governmental purposes, but not for use by

nongovernmental persons in civil litigation. A subpoena

shall not be deemed a court order for purposes of this

section.

(ii) Law enforcement officials or the coroner, if

the information is relevant to their investigation of

abuse, neglect, exploitation or abandonment or death of

the older adult.

(iii) A practitioner of the healing arts who is

examining or treating the older adult and who suspects

that the older adult is in need of protection under this

act.

(iv) The director or an individual specifically

designated in writing by the director of any hospital or

20190HB1930PN3949 - 44 -

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 act.

(v) A financial institution or fiduciary as

necessary to exercise the authority to prohibit

disbursement of funds and transactions provided by

section 301.1(c).

(2) In arranging specific services to carry out service

plans, the area agency on aging may disclose to appropriate

service providers such information as may be necessary to

initiate delivery of services.

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

the older adult's guardian, if the guardian is not named as

the alleged perpetrator, 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.

(4) A person who makes a report of suspected abuse,

neglect, exploitation or abandonment may receive, upon

written request, confirmation that the report was received

and the AAA is acting in accordance with this act.

(5) For the purposes of monitoring agency performance or

conducting other official duties, appropriate staff of the

department, as designated by the secretary, may access AAA

protective services records.

(6) The department or the AAA may collaborate or share a

summary of protective services information with State

agencies for purposes of official Commonwealth business.

(7) The department or the AAA may share a summary of

20190HB1930PN3949 - 45 -

protective services information with another AAA that is

performing duties under this act that are relevant to older

adults within their jurisdictions.

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

performs older adult protective services similar to those

under this act may access protective services records

relevant to older adults within their jurisdiction.

witnesses.--

(1) Except for disclosures to law enforcement officials,

the release of records that would identify the individual who

made a report under this act or an individual who cooperated

in a subsequent investigation is prohibited.

(2) Where records are provided pursuant to court order,

the identity of the reporter and cooperating witnesses shall

be redacted, unless otherwise ordered by the court after an

in camera review.

Section 313. Rights of older adults.

(a) General rule.--An 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 a brief summary

of the nature of the report.

(b) Release of information.--As provided in section

312(b) (3), an older adult who is the subject of a report, or the

older adult's guardian, if the guardian is not named as the

alleged perpetrator in the report, may receive, upon written

request, a summary of 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

20190HB1930PN3949 - 46 -

investigation.

department or an authorized area agency on aging under this act

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.

Section 314. Electronic records.

Any requirements of this act that information be prepared,

filed, submitted, requested, maintained or signed in writing may

be satisfied by the use of an electronic record or signature to

the extent otherwise permitted by law, unless the department, an

AAA or a law enforcement agency requires the use of a written

record or signature.

Section 10. Sections 501, 502 and 503 of the act are

repealed:

[Section 501. 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:

"Applicant." An individual who submits an application, which

is being considered for employment, to a facility.

"State Police." The Pennsylvania State Police.

Section 502. Information relating to prospective facility

personnel.

(a) General rule.--A facility shall require all applicants

to submit with their applications, and shall require all

administrators and any operators who have or may have direct

contact with a recipient to submit, the following information

obtained within the preceding one-year period:

20190HB1930PN3949 - 47 -

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

history record information), a report of criminal history

record information from the State Police or a statement from

the State Police that their central repository contains no

such information relating to that person. The criminal

history record information shall be limited to that which is

disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to

general regulations).

(2) Where the applicant is not and for the two years

immediately preceding the date of application has not been a

resident of this Commonwealth, administration shall require

the applicant to submit with the application for employment 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 applicant shall

submit a full set of fingerprints in a manner prescribed by

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 applicant's eligibility. The

determination shall be submitted to the administrator by the

applicant prior to commencing employment. 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

20190HB1930PN3949 - 48 -

information is made pursuant to this section.

(b) (Reserved).

Section 503. Grounds for denying employment.

(a) General rule.--In no case shall a facility hire an

applicant or retain an employee required to submit information

pursuant to section 502(a) if the applicant's or employee's

criminal history record information indicates the applicant or

employee has been convicted of any of the following offenses:

(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) An offense under one or more of the following

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

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

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 3127 (relating to indecent exposure).

Section 3301 (relating to arson and related

offenses).

Section 3502 (relating to burglary).

20190HB1930PN3949 - 49 -

Section 3701 (relating to robbery).

A felony offense under Chapter 39 (relating to theft

and related offenses) or two or more misdemeanors under

Chapter 39.

Section 4101 (relating to forgery).

Section 4114 (relating to securing execution of

documents by deception).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of

children).

Section 4305 (relating to dealing in infant

children).

Section 4952 (relating to intimidation of witnesses

or victims).

Section 4953 (relating to retaliation against witness

or victim).

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).

Section 6312 (relating to sexual abuse of children).

(3) A Federal or out-of-State offense similar in nature

to those crimes listed in paragraphs (1) and (2).

held civilly liable for any action directly related to good

faith compliance with this section.]

Section 11. The act is amended by adding a section to read:

Section 503.1. Criminal history.

20190HB1930PN3949 - 50 -

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

a facility shall require the applicant to submit to the facility

the following information obtained within the preceding one-year

period:

(1) Pursuant to 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 their

central repository contains no such information relating to

the applicant. 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 this section.

(2) Where the applicant is not, and for the two years

immediately preceding the date of application has not been, a

resident of this Commonwealth, the facility shall require the

applicant to submit with the application for employment 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), subject to the

following:

(i) The department shall be the intermediary for the

purposes of this paragraph. The applicant shall submit a

full set of fingerprints to the Federal Bureau of

Investigation in a manner designated by the department.

The provisions of 18 Pa.C.S. § 9121(b)(2) shall not apply

to criminal history information or other criminal history

record information requested or received under this

20190HB1930PN3949 - 51 -

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section.

(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) The department may require the applicant to submit

additional information from a court or other authority 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.

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

HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL RECORD

INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A STATEMENT

FROM THE PENNSYLVANIA STATE POLICE THAT THE CENTRAL

REPOSITORY CONTAINS NO INFORMATION RELATING TO THE APPLICANT.

THE INDIVIDUAL SHALL SUBMIT THE REPORT TO THE DEPARTMENT. THE

CRIMINAL HISTORY RECORD INFORMATION SHALL BE LIMITED TO

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

(2) (RELATING TO GENERAL REGULATIONS).

(2) A FULL SET OF FINGERPRINTS TO THE PENNSYLVANIA STATE

POLICE, IN A MANNER PRESCRIBED BY THE PENNSYLVANIA STATE

POLICE. THE PENNSYLVANIA STATE POLICE SHALL SUBMIT THE FULL

SET OF FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION

FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. THE

PENNSYLVANIA STATE POLICE WILL PROVIDE THE DEPARTMENT WITH

THE NATIONAL CRIMINAL HISTORY RECORD INFORMATION OF THE

APPLICANT. THE INFORMATION UNDER THIS PARAGRAPH SHALL NOT BE

20190HB1930PN3949 - 52 -

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LIMITED BY 18 PA.C.S. § 9121(B)(2).

(A.1) DETERMINATION.--THE INFORMATION OBTAINED FROM THE

CRIMINAL HISTORY RECORD CHECKS UNDER SUBSECTION (A) SHALL BE

USED BY THE DEPARTMENT TO DETERMINE THE APPLICANT'S ELIGIBILITY

UNDER SUBSECTION (B). THE DETERMINATION SHALL BE SUBMITTED TO

THE ADMINISTRATOR BY THE DEPARTMENT PRIOR TO EMPLOYMENT

COMMENCING.

(A.2) 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 SUBSECTION (C), THE EMPLOYEE SHALL PROVIDE THE

ADMINISTRATOR OR DESIGNEE WITH A 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 SUBSECTION

(C), 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 SPECIFIED IN

SUBSECTION (A) SHALL BE BORNE BY THE FACILITY.

(b) Prohibited offenses.--The following offenses and Federal

or out-of-State offenses similar in nature shall be prohibited,

as follows:

(1) Lifetime ban. A facility may not hire or engage an

applicant required to submit criminal history information

under this act if the DEPARTMENT DETERMINES THAT THE

applicant's criminal history record information indicates

20190HB1930PN3949 - 53 -

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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. (relating

to crimes and offenses):

Chapter 25 (relating to criminal homicide).

Section 2718 (relating to strangulation).

Section 3011 (relating to trafficking in

individuals).

Section 3121 (relating to rape).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.2 (relating to institutional sexual

assault).

(2) Twenty-five year ban. A SUBJECT TO SUBSECTION (C), A

facility may not hire or engage an applicant required to

submit criminal history information under this act for a

period of 25 years from the individual's APPLICANT'S release

or discharge from a State or county correctional institution

or from termination of supervised probation or parole,

whichever is later, if the DEPARTMENT DETERMINES THAT 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.:

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).

20190HB1930PN3949 - 54 -

<--

Section 2716 (relating to weapons of mass

destruction).

Section 2717 (relating to terrorism).

Section 2901 (relating to kidnapping).

Section 2903 (relating to false imprisonment).

Section 3122.1 (relating to statutory sexual

assault).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126 (relating to indecent assault).

Section 3129 (relating to sexual intercourse with an

animal).

Section 3212 (relating to infanticide).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

A felony offense under section 4304 (relating to

endangering welfare of children).

Section 4305 (relating to dealing in infant

children).

Section 5510 (relating to abuse of corpse).

Section 5903 (a)(1), (a)(3)(ii), (a)(5)(ii), (a)(6),

materials and performances).

Section 6312 (relating to sexual abuse of children).

Section 6318 (relating to unlawful contact with a

minor).

Section 6319 (relating to solicitation of minors to

traffic drugs).

Section 6320 (relating to the sexual exploitation of

20190HB1930PN3949 - 55 -

children).

(3) Ten-year ban. A SUBJECT TO SUBSECTION (C), A

facility may not hire or engage an applicant required to

submit criminal history information under this act for a

period of ten years from the individual's APPLICANT'S release

or discharge from a State or county correctional institution

or from termination of supervised probation or parole,

whichever is later, if the DEPARTMENT DETERMINES THAT THE

applicant's criminal history record information indicates

that the applicant has been convicted of:

(i) Any of the following provisions of 18 Pa.C.S.:

Two or more misdemeanors under section 2705 (relating

to recklessly endangering another person).

Section 2710 (relating to ethnic intimidation).

Section 2902 (relating to unlawful restraint).

A felony offense under section 2904 (relating to

interference with custody of children).

Section 2909 (relating to concealment of whereabouts

of a child).

Section 3127 (relating to indecent exposure).

Section 3131 (relating to unlawful dissemination of

intimate image).

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).

20190HB1930PN3949 - 56 -

<--

Section 4103 (relating to fraudulent destruction,

removal or concealment of recordable instruments).

Section 4106 (relating to access device fraud).

Section 4114 (relating to securing execution of

documents by deception).

Section 4115 (relating to falsely impersonating

persons privately employed).

Section 4120 (relating to identity theft).

A misdemeanor of the first degree under section 4304

(relating to endangering the welfare of a child).

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).

(4) 5-year ban. A SUBJECT TO SUBSECTION (C), A facility

may not hire or engage an applicant required to submit

criminal history information under this act for a period of

five years from the individual's APPLICANT'S release or

discharge from a State or county correctional institution or

from termination of supervised probation or parole, whichever

is later, if the DEPARTMENT DETERMINES THAT THE applicant's

criminal history record information indicates that the

applicant has been convicted of:

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

(relating to vehicles):

20190HB1930PN3949 - 57 -

<--

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).

Section 3802 (relating to driving under influence of

alcohol or controlled substance) graded as a misdemeanor

of the second degree or higher.

(ii) 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.

(iii) A misdemeanor of the first degree or a felony

under 18 Pa.C.S. § 4105 (relating to bad checks).

(iv) Convictions listed under subparagraph (i) shall

only be prohibited if the position the applicant is

applying for includes driving or transporting older

adults.

(1) Unless prohibited by Federal law, the department may

grant a waiver of the prohibitions under subsection (b) when

the individual APPLICANT submits a written waiver request.

(2) A facility shall provide the applicant with

information regarding the waiver process provided in this

subsection.

(3) The waiver request shall be submitted on a form

provided by the department and shall contain the following:

(i) The length of time since the individual's

conviction.

(ii) The nature and circumstances of the

20190HB1930PN3949 - 58 -

<--

individual's conviction.

(iii) 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.

(iv) Evidence of the individual's rehabilitation.

(v) The nature of and requirements for the job.

(vi) The relationship of the offense to the

applicant's current or prospective job position.

(vii) A copy of any previously approved waiver

requests.

(viii) If available and applicable, a letter from a

probation or parole officer.

(IX) THE TYPE OF FACILITY.

(d) Waiver approval.--

(1) The department shall review and issue a decision on

approval or denial of the waiver request within 30 days.

(2) If the waiver request is denied, the response letter

from the department shall include information regarding the

appeal process.

(e) Applicability.--

(1) A waiver request granted under subsection (d)

applies only to the crimes and facilities types listed on the

waiver application.

(2) If granted, the waiver shall remain in place

indefinitely and be transferrable to the same or similar

position with an employer of an applicable facility type.

(3) The waiver shall not apply if the applicant attempts

to secure new employment for a substantially different

position at another facility or agency.

20190HB1930PN3949 - 59 -

<--

(4) The waiver shall not be applicable to any new

conviction that occurs after the waiver has been approved.

(f) Limitations.--

(1) The grant of a waiver request by the department does

not guarantee employment to the individual.

(2) If new criminal charges are filed against an

individual who has obtained a waiver from the department, the

individual must report the new criminal charges to both the

employer and the department within seven days of the charges

being filed.

(3) If the new conviction is banned under this act, the

employee must submit a new waiver request.

(g) Appeal rights.--If the department denies an individual's

request for a waiver, the individual shall have 20 days to

submit a written appeal to the Secretary of Aging.

(1) Upon receipt of such notice of appeal, the Secretary

of Aging shall have 30 days to complete a review of the

relevant facts and circumstances and issue a final decision.

(2) All final decisions by the Secretary of Aging shall

be reviewable in accordance with the laws.

(h) Duties and responsibilities of the department.--

(1) Within 60 days from the effective date of this

section, the department shall develop a waiver form to be

used by individuals seeking a waiver from the restrictions

listed in subsection (b).

(2) Within 90 days from the effective date of this

section, the department shall develop a procedure for the

hearing of appeals resulting from department denials of

waiver request applications.

(i) Date of release or discharge.--To determine an

20190HB1930PN3949 - 60 -

individual's release, discharge or termination of supervision,

the 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.

(j) Employee disclosure.--

(1) The department shall develop a standardized form to

be used by facilities for the written reporting by employees

and administrators of any conviction for an offense

enumerated under subsection (b). The form shall be published

on the department's publicly accessible Internet website and

in the Pennsylvania Bulletin.

(2) Facilities required to use the form under paragraph

(1) shall comply with the following:

(i) The form shall contain a list of the prohibited

offenses under subsection (b) and a space for the

employee to indicate any convictions. Employees and

administrators who have not been convicted of any

enumerated offense shall respond "no conviction."

(ii) Employees and administrators shall be informed

that failure to accurately report any conviction for an

offense enumerated under subsection (b) shall subject the

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

(relating to unsworn falsification to authorities).

(3) Facilities shall require employees and

administrators to complete and submit the form on an annual

basis relating to any conviction that occurred during the

prior 12-month period. Employees and administrators shall

advise their employers with written notice utilizing the form

not later than 72 hours after a conviction.

20190HB1930PN3949 - 61 -

(4) If an employee or administrator refuses to submit

the form, the facility shall immediately require the employee

to submit a current report of criminal history record

information as required under subsection (a).

(k) Penalties.--

(1) An employee or administrator who discloses a

conviction for an offense enumerated under subsection (b)

shall be subject to termination.

(2) An employee or administrator who willfully fails to

disclose a conviction for an offense enumerated under

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

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

(l) Provisional employees for limited periods.--

(1) Facilities may employ applicants 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 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

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 act.

(2) If the information obtained from the criminal

history report reveals that the applicant is disqualified

from employment, the applicant shall be dismissed

20190HB1930PN3949 - 62 -

immediately.

(3) The department shall develop guidelines, in

consultation with the Department of Health and the Department

of Human Services, 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.

Section 12. Sections 504, 505, 506, 507, 508, 702, 703, 704,

705 and 706 of the act are repealed:

[Section 504. Regulations.

The department, in consultation with the Department of Health

and the Department of Public Welfare, shall promulgate the

regulations necessary to carry out this chapter.

[Section 505. Violations.

(a) Administrative.--

(1) An administrator who intentionally or willfully

fails to comply or obstructs compliance with the provisions

of this chapter commits a violation of this chapter and shall

be subject to an administrative penalty under paragraph (3).

(2) A facility owner that intentionally or willfully

fails to comply with or obstructs compliance with this

chapter commits a violation of this chapter and shall be

subject to an administrative penalty under paragraph (3).

(3) The Commonwealth agency or Commonwealth agencies

which license the facility have jurisdiction to determine

violations of this chapter and may issue an order assessing a

civil penalty of not more than $2,500. An order under this

paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to

practice and procedure of Commonwealth agencies) and Ch. 7

Subch. A (relating to judicial review of Commonwealth agency

20190HB1930PN3949 - 63 -

<--

action).

(b) Criminal.--

(1) An administrator who intentionally or willfully

fails to comply or obstructs compliance with this chapter

commits a misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay a fine of $2,500 or to

imprisonment for not more than one year, or both.

(2) A facility owner that intentionally or willfully

fails to comply with or obstructs compliance with this

chapter commits a misdemeanor of the third degree and shall,

upon conviction, be sentenced to pay a fine of $2,500 or to

imprisonment for not more than one year, or both.

Section 506. Provisional employees for limited periods.

Notwithstanding section 502, administrators may employ

applicants on a provisional basis for a single period not to

exceed 30 days or, for applicants under section 502(a)(2), a

period of 90 days, if all of the following conditions are met:

(1) The applicant has applied for the information

required under section 502 and the applicant provides a copy

of the appropriate completed request forms to the

administrator.

(2) The administrator has no knowledge of information

pertaining to the applicant which would disqualify him from

employment pursuant to section 503, subject to 18 Pa.C.S. §

4911 (relating to tampering with public records or

information).

(3) The applicant swears or affirms in writing that he

is not disqualified from employment under section 503.

(4) If the information obtained under section 502

reveals that the applicant is disqualified from employment

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under section 503, the applicant shall be immediately

dismissed by the administrator.

(5) The department shall develop guidelines regarding

the supervision of applicants. For a home health care agency,

supervision shall include random direct supervision by an

employee who has been employed by the facility for a period

of one year.

Section 507. State Police.

No later than one year following the effective date of this

chapter, the State Police and the department shall report to the

Aging and Youth Committee of the Senate and the Aging and Youth

Committee of the House of Representatives with their findings

and recommendations regarding the implementation of this

chapter.

Section 508. Applicability.

This chapter shall apply as follows:

(1) An individual who, on the effective date of this

chapter, has continuously for a period of one year been an

employee of the same facility shall be exempt from section

502 as a condition of continued employment.

(2) If an employee is not exempt under paragraph (1),

the employee and the facility shall comply with section 502

within one year of the effective date of this chapter.

(3) If an employee who is exempt under paragraph (1)

seeks employment with a different facility, the employee and

the facility shall comply with section 502.

(4) An employee who has obtained the information

required under section 502 may transfer to another facility

established and supervised by the same owner and is not

required to obtain additional reports before making the

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transfer.

Section 702. Reports to department and coroner.

(a) Department.--

(1) Within 48 hours of receipt of a written report under

section 701(a) involving sexual abuse, serious physical

injury, serious bodily injury or suspicious death, the agency

shall transmit a written report to the department.

Supplemental reports shall be transmitted as they are

obtained by the agency.

(2) A report under this subsection shall be made in a

manner and on forms prescribed by the department. The report

shall include, at a minimum, the following information:

(i) The name and address of the alleged victim.

(ii) Where the suspected abuse occurred.

(iii) The age and sex of the alleged perpetrator and

victim.

(iv) The nature and extent of the suspected abuse,

including any evidence of prior abuse.

(v) The name and relationship of the individual

responsible for causing the alleged abuse to the victim,

if known, and any evidence of prior abuse by that

individual.

(vi) The source of the report.

(vii) The individual making the report and where

that individual can be reached.

(viii) The actions taken by the reporting source,

including taking of photographs and x-rays, removal of

recipient and notification under subsection (b).

(ix) Any other information which the department may

require by regulation.

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(b) Coroner.--For a report under section 701(a) which

concerns the death of a recipient, if there is reasonable cause

to suspect that the recipient died as a result of abuse, the

agency shall give the oral report and forward a copy of the

written report to the appropriate coroner within 24 hours.

Section 703. Investigation.

(a) Law enforcement officials.--Upon receipt of a report

under section 701(b), law enforcement officials shall conduct an

investigation to determine what criminal charges, if any, will

be filed.

(b) Notification.--If law enforcement officials have

reasonable cause to suspect that a recipient has suffered sexual

abuse, serious physical injury, serious bodily injury or a

suspicious death, law enforcement officials shall notify the

agency.

enforcement officials, the facility and the agency shall

coordinate their respective investigations. Law enforcement

officials, the facility and the agency shall advise each other

and provide any applicable additional information on an ongoing

basis.

(d) Further notification.--Law enforcement officials shall

notify the agency and the facility of a decision regarding

criminal charges. The agency and the department shall keep a

record of any decision regarding criminal charges.

(e) Compliance with Chapter 3.--In addition to the

provisions of this section, the agency shall comply with Chapter

Section 704. Restrictions on employees.

(a) Plan of supervision.--Upon notification that an employee

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is alleged to have committed abuse, the facility shall

immediately implement a plan of supervision or, where

appropriate, suspension of the employee, subject to approval by

the agency and by the Commonwealth agency with regulatory

authority over the facility. A plan of supervision for a home

health care agency must include periodic random direct

inspections of care-dependent individuals by a facility employee

who has been continuously employed by that facility for a period

of at least one year.

(b) Prohibition.--Upon the filing of criminal charges

against an employee, the Commonwealth agency which licenses the

facility shall order the facility to immediately prohibit that

employee from having access to recipients at the facility. If

that employee is a director, operator, administrator or

supervisor, that employee shall be subject to restrictions

deemed appropriate by the Commonwealth agency which licenses the

facility to assure the safety of recipients of the facility.

Section 705. Confidentiality of and access to confidential

reports.

(a) General rule.--Except as provided in subsection (b), a

report under this chapter shall be confidential.

(b) Exceptions.--A report under this chapter shall be made

available to all of the following:

(1) An employee of the department or of an agency in the

course of official duties in connection with responsibilities

under this chapter.

(2) An employee of the Department of Health or the

Department of Public Welfare in the course of official

duties.

(3) An employee of an agency of another state which

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performs protective services similar to those under this

chapter.

(4) A practitioner of the healing arts who is examining

or treating a recipient and who suspects that the recipient

is in need of protection under this chapter.

(5) The director, or an individual specifically

designated in writing by the director, of any hospital or

other medical institution where a victim is being treated if

the director or designee suspects that the recipient is in

need of protection under this chapter.

(6) A guardian of the recipient.

(7) A court of competent jurisdiction pursuant to a

court order.

(8) The Attorney General.

(9) Law enforcement officials of any jurisdiction as

long as the information is relevant in the course of

investigating cases of abuse.

(10) A mandated reporter under Chapter 3 who made a

report of suspected abuse. Information released under this

paragraph shall be limited to the following:

(i) The final status of the report following the

investigation.

(ii) Services provided or to be provided by the

agency.

suspected of committing the abuse shall be excised from a report

made available under subsection (b)(4), (5) and (10).

(d) Release of information to alleged perpetrator and

victim.--Upon written request, an alleged perpetrator and victim

may receive a copy of all information except that prohibited

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from being disclosed by subsection (e).

(e) Protecting identity of person making report.--Except for

reports to law enforcement officials, the release of data that

would identify the individual who made a report under this

chapter or an individual who cooperated in a subsequent

investigation is prohibited. Law enforcement officials shall

treat all reporting sources as confidential information.

Section 706. Penalties.

(a) Administrative.--

(1) An administrator who intentionally or willfully

fails to comply or obstructs compliance with the provisions

of this chapter or who intimidates or commits a retaliatory

act against an employee who complies in good faith with the

provisions of this chapter commits a violation of this

chapter and shall be subject to an administrative penalty

under paragraph (3).

(2) A facility owner that intentionally or willfully

fails to comply with or obstructs compliance with this

chapter or that intimidates or commits a retaliatory act

against an employee who complies in good faith with this

chapter commits a violation of this chapter and shall be

subject to an administrative penalty under paragraph (3).

(3) The Commonwealth agency or Commonwealth agencies

which regulate the facility have jurisdiction to determine

violations of this chapter and may issue an order assessing a

civil penalty of not more than $2,500. An order under this

paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to

practice and procedure of Commonwealth agencies) and Ch. 7

Subch. A (relating to judicial review of Commonwealth agency

action).

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(b) Criminal.--

(1) An administrator who intentionally or willfully

fails to comply or obstructs compliance with this chapter

commits a misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay a fine of $2,500 or to

imprisonment for not more than one year, or both.

(2) A facility owner that intentionally or willfully

fails to comply with or obstructs compliance with this

chapter commits a misdemeanor of the third degree and shall,

upon conviction, be sentenced to pay a fine of $2,500 or to

imprisonment for not more than one year, or both.

under this chapter to report a case of suspected abuse who

willfully fails to do so commits a summary offense for the first

violation and a misdemeanor of the third degree for a second or

subsequent violation.]

Section 13. The act is amended by adding a section to read:

Section 706.1. Penalties.

(a) Civil penalties.--

(1) A mandatory reporter who fails to comply or

obstructs compliance with the provisions of this act or who

intimidates or commits a retaliatory act against an

individual who complies in good faith with the provisions of

this act commits a violation of this act and shall be subject

to an administrative penalty. The department shall determine

violations of this act 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

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action).

(2) The Commonwealth agency or agencies which license a

facility shall determine violations of section 503.1 and may

issue an order assessing a civil penalty of not more than

$5,000.

(A.1) LIABILITY.--IN THE ABSENCE OF WILLFUL MISCONDUCT OR

GROSS NEGLIGENCE, A FACILITY MAY NOT BE HELD LIABLE FOR ANY

CLAIM ARISING OUT OF THE MISCONDUCT OF AN EMPLOYEE IF THE

MISCONDUCT RELATES TO THE PORTION OF THE EMPLOYEE'S CRIMINAL

HISTORY RECORD FOR WHICH A WAIVER WAS GRANTED. THE LIMITED

LIABILITY UNDER THIS SUBSECTION SHALL REMAIN IN EFFECT FOR THE

FIRST TWO YEARS OF EMPLOYMENT OF THE EMPLOYEE WITH A WAIVER.

(b) Damages for retaliatory action.--

(1) The older adult or any person making a report or

cooperating with an 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 or entity.

(2) Any person who violates this subsection is subject

to a civil lawsuit by the reporter or the older adult wherein

the reporter or older adult shall recover treble compensatory

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

whichever is greater.

(1) Any person, including an older adult, with knowledge

sufficient to justify making a report or cooperating with an

area agency on aging, including possibly providing testimony

in any administrative or judicial proceeding, shall be free

from any intimidation by an employer or by any other person

or entity.

20190HB1930PN3949 - 72 -

<--

(2) Any person who violates this subsection is subject

to a civil lawsuit by the person intimidated or the older

adult wherein the person intimidated or the older adult shall

recover treble compensatory damages, compensatory and

punitive damages or $5,000, whichever is greater.

(d) Criminal penalties.--

(1) A mandatory reporter under this act 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 imprisonment for not

more than one year, or both.

(2) It shall be unlawful for a person to knowingly or

intentionally make or cause to be made a false statement or

representation of a material fact in a report of need, in

accordance with 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities). A person who makes a false

statement is guilty of a misdemeanor of the second degree for

each violation with a maximum penalty of $10,000 and five

years' imprisonment.

(e) Immunity.--

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

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 act.

(2) This immunity shall not extend to liability for acts

of abuse, neglect, exploitation or abandonment, even if such

20190HB1930PN3949 - 73 -

acts are the subject of the report or testimony.

(3) Any company, institution and all affiliated entities

that employ a person required or permitted to make a report

under this act shall not be held civilly liable for any

action directly related to good faith compliance with this

act.

(f) Funds.--Funds collected under this act by the department

shall be dedicated for department programs to investigate and

prevent the abuse, neglect, exploitation and abandonment of

older adults.

Section 14. Section 707 of the act is repealed:

[Section 707. Immunity.

An administrator or a facility shall not be held civilly

liable for any action directly related to good faith compliance

with this chapter.]

Section 15. The act is amended by adding sections to read:

Section 707.1. Immunity from civil and criminal liability.

In the absence of willful misconduct or gross negligence, an

area agency on aging, the director, employees of an 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

act.

Section 707.2. Funding.

Funds necessary to administer this act shall be provided by

annual appropriation by the General Assembly.

Section 16. Section 708 of the act is amended to read:

Section 708. Regulations and annual report.

(a) General rule.--The Department of Aging, the Department

20190HB1930PN3949 - 74 -

of Health and the Department of [Public Welfare] Human Services

shall promulgate the regulations necessary to carry out this

[chapter.] act.

(b) Duty to report.--The department shall present to the

General Assembly annually a report on the program and services

performed, including any additional budgetary needs.

Section 17. This act shall take effect as follows:

(1) The addition of section 301.1 of the act 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.

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