Regular Session 2019-2020 Senate Bill 0819 P.N. 1126

PRINTER'S NO. 1126

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

819

Session of

2019

INTRODUCED BY MENSCH, GORDNER, BROWNE, YAW, BAKER, K. WARD,

KILLION, VOGEL, J. WARD, SCHWANK, TARTAGLIONE, FONTANA,

BREWSTER, BOSCOLA, YUDICHAK, HAYWOOD, MUTH, LEACH AND BLAKE,

AUGUST 7, 2019

REFERRED TO AGING AND YOUTH, AUGUST 7, 2019

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," extensively revising provisions on older

adults protective services relating to preliminary

provisions, administration, criminal history for employees,

reporting suspected abuse by employees and miscellaneous

provisions; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapters 1, 3, 5, 7 and 51 of the act of

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

Protective Services Act, are repealed:

[CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Older Adults

Protective Services Act.

Section 102. Legislative policy.

It is declared the policy of the Commonwealth of Pennsylvania

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. 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. 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 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.

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

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.

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(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.

"Administrator." The person responsible for the

administration of a facility. The term includes a person

responsible for employment decisions or an independent

contractor.

"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.

"Care." Services provided to meet a person'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.

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

or cognitive disability or impairment, requires assistance to

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

care.

"Caretaker." An individual or institution that has assumed

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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.

"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.

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

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

resources, without the informed consent of the older adult or

with consent obtained through misrepresentation, coercion or

threats of force, that results in monetary, personal or other

benefit, gain or profit for the perpetrator 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

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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.

(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 Code.

"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.

"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 with the administration of this act or any law

intended to protect older adults from mistreatment.

"Law enforcement official." Any of the following:

(1) A police officer of a municipality.

(2) A district attorney.

(3) The Pennsylvania State Police.

"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

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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.

"Older adult." A person within the jurisdiction of the

Commonwealth who is 60 years of age or older.

"Older adult in need of protective services." An

incapacitated older adult who is unable to perform or obtain

services that are necessary to maintain physical or mental

health, for whom there is no responsible caretaker and who is at

imminent risk of danger to 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.

"Service plan." A written plan developed by the agency on

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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.

CHAPTER 3

ADMINISTRATION

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

(a) Public information and interdepartmental consultation.--

The department shall conduct an ongoing campaign designed to

inform and educate older adults, professionals and the general

public about the need for an availability of protective services

under this chapter. The department shall consult with other

departments of the Commonwealth 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.--The department shall establish minimum

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standards of training and experience which 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.

shall include a protective services plan as part of its annual

plan. The plan shall describe the local implementation of this

chapter, 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. The

description of the methods that will be used by the agency, 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. The plan shall include a list of all entities,

whether public or private, that have been identified by the area

agency on aging as having substantial contact with potential

victims or perpetrators of abuse, neglect, exploitation and

abandonment. This list shall be submitted to the department for

purposes of the public information campaign under subsection

(a).

Section 302. Reporting; protection from retaliation; immunity.

(a) Reporting.--Any person having reasonable cause to

believe that an older adult is in need of protective services

may report such information to the agency which is the local

provider of protective services. Where applicable, reports shall

comply with the provisions of Chapter 7.

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(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.

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

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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.

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

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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

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.

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(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

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

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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,

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

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may petition the court of common pleas for an order requiring

the appropriate access when either of the following conditions

apply:

(1) The older adult has provided written consent for any

confidential records to be disclosed and the keeper of the

records denies access.

(2) The agency can demonstrate that the older adult is

denying access to records because of incompetence, coercion,

extortion or justifiable fear of future abuse, neglect,

exploitation or abandonment.

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

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

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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.

(6) For the purposes of monitoring agency performance,

appropriate staff of the department may access agency

protective services records.

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

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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.

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

convincing evidence of the need for an emergency order, shall

order only such 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.

(e) Health and safety requirements.--The agency shall take

reasonable steps to assure that while the person is receiving

services under an emergency court order, the health and safety

needs of any of the person's dependents are met and that

personal property and the dwelling the person occupies are

secure.

(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 308. Individual rights.

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(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

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.

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(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

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.

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(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

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

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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.

CHAPTER 5

CRIMINAL HISTORY FOR EMPLOYEES

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

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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:

(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

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shall insure confidentiality of the information. The

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

request for a report of Federal criminal history record

information is made 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).

20190SB0819PN1126 - 22 -

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) 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

20190SB0819PN1126 - 23 -

faith compliance with this section.

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

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

20190SB0819PN1126 - 24 -

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

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.

20190SB0819PN1126 - 25 -

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

transfer.

CHAPTER 7

REPORTING SUSPECTED ABUSE BY EMPLOYEES

Section 701. Reporting by employees.

(a) Mandatory reporting to agency.--

(1) An employee or an administrator who has reasonable

cause to suspect that a recipient is a victim of abuse shall

immediately make an oral report to the agency. If applicable,

20190SB0819PN1126 - 26 -

the agency shall advise the employee or administrator of

additional reporting requirements that may pertain under

subsection (b). An employee shall notify the administrator

immediately following the report to the agency.

(2) Within 48 hours of making the oral report, the

employee or administrator shall make a written report to the

agency. The agency shall notify the administrator that a

report of abuse has been made with the agency.

(3) The employee may request the administrator to make

or to assist the employee to make the oral and written

reports required by this subsection.

(b) Mandatory reports to law enforcement officials.--

(1) An employee or an administrator who has reasonable

cause to suspect that a recipient is the victim of sexual

abuse, serious physical injury or serious bodily injury or

that a death is suspicious shall, in addition to contacting

the agency and the department, immediately contact law

enforcement officials to make an oral report. An employee

shall notify the administrator immediately following the

report to law enforcement officials.

(2) Within 48 hours of making the oral report, the

employee and an administrator shall make a written report to

appropriate law enforcement officials.

(3) The law enforcement officials shall notify the

administrator that a report has been made with the law

enforcement officials.

(4) The employee may request the administrator to make

or to assist the employee to make the oral and written

reports to law enforcement required by this subsection.

20190SB0819PN1126 - 27 -

shall be in a manner and on forms prescribed by the department.

The report shall include, at a minimum, the following

information:

(1) Name, age and address of the recipient.

(2) Name and address of the recipient's guardian or next

of kin.

(3) Name and address of the facility.

(4) Nature of the alleged offense.

(5) Any specific comments or observations that are

directly related to the alleged incident and the individual

involved.

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,

20190SB0819PN1126 - 28 -

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.

(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

20190SB0819PN1126 - 29 -

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

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

20190SB0819PN1126 - 30 -

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

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:

20190SB0819PN1126 - 31 -

(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

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

20190SB0819PN1126 - 32 -

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).

(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 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.

20190SB0819PN1126 - 33 -

Section 708. Regulations.

The Department of Aging, the Department of Health and the

Department of Public Welfare shall promulgate the regulations

necessary to carry out this chapter.

CHAPTER 51

MISCELLANEOUS PROVISIONS

Section 5101. Repeals.

All other acts and parts of acts are repealed insofar as they

are inconsistent with this act.

Section 5102. Effective date.

This act shall take effect July 1, 1988.]

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

CHAPTER 1-A

PRELIMINARY PROVISIONS

Section 101-A. Short title.

This act shall be known and may be cited as the Older Adults

Protective Services Act.

Section 102-A. Findings.

The General Assembly finds and declares as follows:

(1) Older adults who are at risk of abuse, neglect,

exploitation or abandonment must have access to and be

provided with services necessary to protect their health,

safety and welfare.

(2) The purpose of this act is to assure the

availability of protective services to older adults in need

of them without placing restrictions upon the personal

liberty of older adults.

(3) Protective services must safeguard the rights of

older adults while protecting them from abuse, neglect,

exploitation and abandonment.

20190SB0819PN1126 - 34 -

(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 to provide protective services for older adults in

need.

(5) Convictions for certain offenses that evidence a

reckless disregard for the vulnerability of care-dependent

populations, involve misappropriation or misuse of property

or involve inappropriate or irresponsible behavior may

legitimately warrant time-limited bans on employment working

with older adults under this act.

Section 103-A. 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

caretaker.

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

acts:

(1) Infliction of injury, unreasonable confinement,

intimidation or punishment resulting in physical harm, pain

or mental anguish.

(2) Willful deprivation of goods or services which are

necessary to maintain physical or mental health.

(3) Sexual abuse, including rape, involuntary deviate

sexual intercourse, sexual assault, aggravated indecent

assault, indecent assault or incest.

(4) Sexual harassment, including unwelcome sexual

advances, requests for sexual favors and other unwelcome

verbal or physical conduct of a sexual nature.

20190SB0819PN1126 - 35 -

"Administrator." The person responsible for the management

of a facility. The term includes a person responsible for

employment decisions or an independent contractor responsible

for administration of a facility.

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

considered for employment by a facility.

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

agency's agent designated by the department within each planning

and service area to administer the delivery of protective

services.

"Assessment." A determination based upon a comprehensive

review of an older adult's social, physical and psychological

status along with a description of the older adult's current

resources and needs using instruments and procedures established

by the department.

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

personal care or health care which requires interaction with the

older adult.

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

or cognitive disability or impairment, requires assistance to

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

care.

"Caretaker." A person that has assumed voluntarily, by

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

familial relationship or by order of a court of competent

jurisdiction the responsibility for the provision of care needed

to maintain the physical or mental health of an older adult.

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

"Employee." An individual who:

(1) meets any of the following criteria:

20190SB0819PN1126 - 36 -

(i) is employed by a facility;

(ii) enters into a contractual relationship with a

facility, consumer or consumer's family or legal

representative to provide care to an older adult; or

(iii) is a student doing an internship or clinical

rotation or any other individual who has been granted

access to a facility to perform a clinical service for a

fee; and

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

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

including employees of affiliated corporate entities.

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

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

resources without the informed consent of the older adult or

with consent obtained through misrepresentation, coercion or

threats of force, results in monetary, personal or other

benefit, gain or profit for that caretaker or person, or

monetary or personal loss to the older adult.

"Facility." Any of the following:

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

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

Administrative Code of 1929.

(2) An assisted living residence as defined in section

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

the Human Services Code.

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

the Human Services Code.

(4) The following entities as defined in section 802.1

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

Health Care Facilities Act:

20190SB0819PN1126 - 37 -

(i) A home care agency.

(ii) A home care registry.

(iii) A home health care agency.

(iv) A hospice.

(v) A long-term care nursing facility.

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

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

known as the Older Adult Daily Living Centers Licensing Act.

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

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

(7) Any other public or private organization or entity,

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

and is paid, in part, to provide care to care-dependent

individuals.

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

representative or other person authorized or required to act on

behalf of an older adult.

"Financial exploitation." Any of the following:

(1) The wrongful or unauthorized taking, withholding,

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

adult.

(2) An act or omission taken by a person, including

through the use of a power of attorney, guardianship or

conservatorship of an older adult, to:

(i) obtain control, through deception, intimidation

or undue influence, over the older adult's money, assets

or property to deprive the older adult of the ownership,

use, benefit or possession of the older adult's money,

assets or property; or

(ii) unlawfully convert money, assets or property of

20190SB0819PN1126 - 38 -

the older adult to deprive the older adult of the

ownership, use, benefit or possession of the older

adult's money, assets or property.

"Financial services provider." Any of the following:

(1) A depository institution or affiliate of a

depository institution as those terms are defined in section

3 of the Federal Deposit Insurance Act (64 Stat. 873, 12

U.S.C. § 1813).

(2) A credit union eligible for insurance of member

accounts under the Federal Credit Union Act (48 Stat. 1216,

12 U.S.C. § 1751 et seq.).

(3) An agent as defined in section 102(c) of the act of

December 5, 1972 (P.L.1280, No.284), known as the

Pennsylvania Securities Act of 1972.

(4) A broker-dealer as defined in section 102(e) of the

Pennsylvania Securities Act of 1972.

(5) An investment adviser as defined in section 102(j)

of the Pennsylvania Securities Act of 1972.

(6) An investment adviser representative as defined in

section 102(j.1) of the Pennsylvania Securities Act of 1972.

(7) A licensee as defined in section 2 of the act of May

15, 1933 (P.L.565, No.111), known as the Department of

Banking and Securities Code, or a similar entity.

(8) A business or agency that engages in an activity

which the department determines, by regulation, to be an

activity that is similar to, related to or a substitute for

an activity conducted by a business described in paragraph

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

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

facility or person who is licensed, certified or otherwise

20190SB0819PN1126 - 39 -

regulated to provide health care services under the laws of this

Commonwealth, including a physician, podiatrist, optometrist,

psychologist, physical therapist, certified nurse practitioner,

registered nurse, nurse midwife, physician's assistant,

chiropractor, dentist or pharmacist or an individual accredited

or certified to provide behavioral health services.

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

another person that obstructs, impedes, impairs, prevents or

interferes with the administration of this act or other law

intended to protect older adults from mistreatment.

"Law enforcement official." Any of the following:

(1) A police officer of a municipality.

(2) A district attorney.

(3) A Pennsylvania State Police officer.

(4) The Attorney General.

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

Federal law enforcement agencies, who possesses law

enforcement powers and duties.

"Mandatory reporter." Any of the following:

(1) Administrators and employees of a facility.

(2) Health care providers.

(3) Law enforcement officials.

(4) Coroners.

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

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

clear and serious threat to physical or mental health. An older

adult who does not consent to the provision of protective

services may not be found to be neglected solely on the grounds

of environmental factors which are beyond the control of the

older adult or the caretaker, such as inadequate housing,

20190SB0819PN1126 - 40 -

furnishings, income, clothing or medical care.

"Older adult." An individual within the jurisdiction of the

Commonwealth who is 60 years of age or older.

"Older adult in need of protective services." An

incapacitated older adult who is unable to perform or obtain

services that are necessary to maintain physical or mental

health, for whom there is no responsible caretaker and who is at

imminent risk of danger to self or property.

"Protective services." Those activities, resources and

supports provided to older adults under this act to detect,

prevent, reduce or eliminate abuse, neglect, exploitation and

abandonment.

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

treatment in or from a facility.

"Serious bodily injury." Injury which creates a substantial

risk of death or which causes serious disfigurement of a body

part or organ, protracted loss or impairment of the function of

a body member or organ or severe pain. The term does not include

an isolated accidental injury self-inflicted by an older adult.

"Service plan." As follows:

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

on the basis of a comprehensive assessment of an older adult

that describes identified needs, goals to be achieved and

specific services designed to support goal attainment, which

includes regular follow-up and predetermined reassessment of

progress.

(2) As used in this definition, specific services

designed to support goal attainment may include homemaker

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

services, emergency shelter or food, legal aid services and

20190SB0819PN1126 - 41 -

transportation services.

(3) Service plans shall be cooperatively developed by

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

adult's legal representative and other family members, if

appropriate.

(4) The service plan shall address special needs of

other members of the household unit if they affect the older

adult's need for protective services.

"Suspicious death." A death which is unexpected with

unexplained circumstances or cause.

Section 104-A. Intent.

It is not the intent of this act to impose responsibility on

an individual if the responsibility would not otherwise exist in

law.

CHAPTER 2-A

DUTIES OF DEPARTMENT

Sec.

201-A. Public education.

202-A. Interdepartmental consultation.

203-A. Training required.

204-A. Confidentiality.

205-A. Schedule and annual plan.

Section 201-A. Public education.

The department shall conduct an ongoing campaign designed to

inform and educate older adults, professionals and the general

public about the need for and the availability of protective

services under this act.

Section 202-A. Interdepartmental consultation.

The following apply:

(1) The department shall consult with other Commonwealth

20190SB0819PN1126 - 42 -

agencies on the design and implementation of the ongoing

public awareness campaign.

(2) The department shall consider the concerns of area

agencies on aging on the design and implementation of the

ongoing public awareness campaign.

Section 203-A. Training required.

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

standards of experience and training that protective services

providers receiving money from the department shall be required

to follow in the selection and assignment of employees for the

provision of protective services.

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

training program for mandatory reporters to inform employees

about the requirement to report under this act.

Section 204-A. Confidentiality.

The department shall establish methods which shall be used by

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

to ensure the privacy of older adults receiving services and the

confidentiality of all records.

Section 205-A. Schedule and annual plan.

(a) Establishment.--The department shall establish a

schedule for the submission and approval of the plans associated

with the development of training provided in section 203-A.

(b) Protective services plan.--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

act, including the organization, staffing, mode of operations

and financing of protective services and the provisions made for

the purchase of services, interagency relations, interagency

agreements, service referral mechanisms and locus of

20190SB0819PN1126 - 43 -

responsibility for cases with multiservice agency needs. The

plan shall include a list of each public or private entity that

has been identified by the area agency on aging as having

substantial contact with potential victims or perpetrators of

abuse, neglect, exploitation and abandonment. The list shall be

submitted to the department for purposes of the public education

campaign under section 201-A.

CHAPTER 3-A

DUTIES OF AREA AGENCIES ON AGING

Sec.

301-A. Receipt of reports.

302-A. Investigations.

303-A. Investigations involving facilities.

304-A. Investigations involving law enforcement officials.

305-A. Access to older adults.

306-A. Access to records.

307-A. Rights of older adults.

308-A. Confidentiality standards required.

309-A. Availability of protective services.

Section 301-A. Receipt of reports.

An area agency on aging must be capable of receiving reports

of older adults in need of protective services at all times.

This capability may include the use of a local emergency

response system or a crisis intervention agency, if access can

be made to a protective services caseworker in appropriate

emergency situations, as set forth in regulations issued by the

department. A report received orally shall be documented in a

manner prescribed by the department.

Section 302-A. Investigations.

(a) Duty.--An area agency on aging shall investigate each

20190SB0819PN1126 - 44 -

report in accordance with regulations issued by the department.

The investigation shall be initiated within 72 hours after the

receipt of the report and shall be carried out under regulations

issued by the department. The regulations shall provide for the

methods of conducting investigations and shall ensure that steps

are taken to avoid a conflict of interest. Consent of the older

adult is not required in order to investigate reports of abuse,

neglect, exploitation or abandonment. The department and any

other Commonwealth agency shall share information with each

other and with mandatory reporters, fiduciaries and financial

institutions as necessary to ensure the health, safety and

welfare of the older adult and to assist financial institutions

and fiduciaries in exercising the financial institutions' and

fiduciaries' authority to prohibit disbursement of funds and

transactions as provided by section 603-A.

(b) Closure.--If after investigation by the area agency on

aging the report is unsubstantiated, the case shall be closed

and all information identifying the reporter and the alleged

perpetrator shall be immediately deleted from all records. For

purposes of substantiating a pattern of abuse, neglect,

exploitation or abandonment, the name of the alleged victim and

any information describing the alleged act of abuse, neglect,

exploitation or abandonment may be maintained for a period of

three years under procedures established by the department.

the area agency on aging or if an assessment is necessary in

order to determine whether or not the report is substantiated,

the area agency on aging shall provide for a timely assessment

if the older adult consents to an assessment. Upon completion of

the assessment, written findings shall be prepared which shall

20190SB0819PN1126 - 45 -

include recommended action. The service plan shall provide for

the least restrictive alternative, encouraging self-

determination and continuity of care, shall be in writing and

shall include a recommended course of action, which may include

the pursuit of civil or criminal remedies. If an older adult

found to be in need of protective services does not consent to

an assessment or the development of a service plan, the area

agency on aging may apply the provisions of section 404-A to the

case.

(d) Environmental factors.--An older adult may not be found

to be abused solely on the grounds of environmental factors that

are beyond the control of the older adult or the caretaker, such

as inadequate housing, furnishings, income, clothing or medical

care.

Section 303-A. Investigations involving facilities.

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

shall notify the local ombudsman and the licensing agency.

Investigations concerning facilities shall be conducted under

procedures developed by the department in consultation with the

Commonwealth agency with oversight authority for the facility.

The department and any other Commonwealth agency shall share

information with each other and with mandatory reporters,

fiduciaries and financial institutions as necessary to ensure

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

financial institutions and fiduciaries in exercising the

financial institutions' and fiduciaries' authority to prohibit

disbursement of funds and transactions as provided by section

603-A. Facilities shall take reasonable steps to protect older

adults following receipt of a report of suspected abuse,

neglect, exploitation or abandonment involving an employee,

20190SB0819PN1126 - 46 -

including a plan of supervision or suspension.

Section 304-A. Investigations involving law enforcement

officials.

(a) Coordination.--To the extent possible, law enforcement

officials, an area agency on aging and other mandatory reporters

shall coordinate respective investigations and shall advise each

other and provide applicable additional information on an

ongoing basis.

(b) Notice to law enforcement.--Upon receiving a report of

any of the following, the area agency on aging shall immediately

notify a law enforcement official:

(1) Suspicious death.

(2) Serious bodily injury.

(3) Sexual abuse.

(1) Following a referral to a law enforcement official,

the area agency on aging shall contact a law enforcement

official to obtain information about actions taken and the

outcomes, including any decisions regarding criminal charges,

and the law enforcement official shall provide the

information to the extent that the information is available.

(2) An area agency on aging shall report the information

under paragraph (1) to the department in a manner prescribed

by the department.

Section 305-A. Access to older adults.

(a) General rule.--The following apply:

(1) An area agency on aging shall have access to older

adults who have been reported to be in need of protective

services in order to:

(i) Investigate reports.

20190SB0819PN1126 - 47 -

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

service plan for addressing those needs.

(iii) Provide for the delivery of services by the

area agency on aging or other service provider as

provided for under the service plan.

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

older adult reported to be in need of protective services,

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

to require the appropriate access when either of the

following conditions apply:

(i) The caretaker or a third party has interfered

with the completion of the investigation, the assessment

and service plan or the delivery of services.

(ii) The area agency on aging can demonstrate that

the older adult reported to be in need of protective

services is denying access because of coercion, extortion

or justifiable fear of future abuse, neglect,

exploitation or abandonment.

(b) Petition.--The area agency on aging may petition the

court for an order to require any of the following:

(1) Access to the older adult.

(2) A physical health evaluation of the older adult.

(3) A behavioral health evaluation of the older adult.

Section 306-A. Access to records.

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

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

all records for the purposes of:

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

(2) Planning and delivery of services.

(3) Investigating reports.

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(b) Refusal.--If the area agency on aging is denied access

to records necessary for the completion of a proper

investigation of a report, assessment or service plan, or the

delivery of needed services in order to prevent further abuse,

neglect, exploitation or abandonment of the older adult reported

to be in need of protective services, the agency may petition

the court of common pleas for an order requiring the appropriate

access when either of the following conditions apply:

(1) The older adult has provided written consent for any

confidential records to be disclosed and the keeper of the

records denies access.

(2) The agency can demonstrate that the older adult is

denying access to records because of incompetence, coercion,

extortion or justifiable fear of future abuse, neglect,

exploitation or abandonment.

private organizations, financial institutions, fiduciaries,

medical institutions and practitioners and persons reasonably

suspected of engaging in or facilitating the abuse, neglect,

exploitation or abandonment of an older adult, which the area

agency on aging reasonably believes to be necessary to complete

an investigation or assessment and service plan, shall be

requested in written form and made available to the area agency

on aging unless the disclosure is prohibited by any other

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

order, access to financial records shall be limited to records

relating to the most recent transaction or transactions that may

comprise financial exploitation, not to exceed 60 calendar days

prior to the first transaction that was reported or 60 calendar

days after the last transaction that was reported.

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

department may compensate a person requested or ordered to

provide records to the area agency on aging for the reasonable

costs of producing records in a manner consistent with the

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

Privacy Act of 1978 (Public Law 95-630, 12 U.S.C. § 3415).

Section 307-A. Rights of older adults.

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

notify an older adult during an investigation that a report has

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

of the nature of the report.

(b) Information.--As provided in section 405-A, an older

adult who is the subject of a report, or the older adult's

guardian if the guardian is not named as a perpetrator in the

report, may receive, upon written request, a summary of the

report of need except information that would identify the

individual who made a report of suspected abuse, neglect,

exploitation or abandonment or persons who cooperated in a

subsequent investigation.

area agency on aging under this 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.

Section 308-A. Confidentiality standards required.

Area agencies on aging shall utilize the department's

confidentiality standards established under section 204-A.

Section 309-A. Availability of protective services.

An area agency on aging shall offer protective services under

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any of the following conditions:

(1) An older adult requests the services.

(2) Another interested individual requests the services

on behalf of the older adult.

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

aging determines that the older adult is in need of the

services.

CHAPTER 4-A

PROTECTIVE SERVICES

Sec.

401-A. Consent by request.

402-A. Interference with services.

403-A. Financial obligations, liabilities and payments.

404-A. Involuntary intervention by emergency court order.

405-A. Confidentiality of records.

Section 401-A. Consent by request.

An older adult shall receive protective services voluntarily

unless the services are ordered by a court of competent

jurisdiction.

Section 402-A. Interference with services.

If a person interferes with the provision of services or

interferes with the right of an older adult to consent to

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

court for an order enjoining the interference.

Section 403-A. Financial obligations, liabilities and payments.

Older adults receiving protective services and 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

20190SB0819PN1126 - 51 -

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

public or private entitlements or benefits for which the

older adult receiving protective services under this chapter

is or may be eligible.

(2) Funding to provide or make available protective

services shall not be available until eligibility and receipt

of benefits under public and private entitlements or

resources have been exhausted.

(3) Funding available to local protective services

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

activities, including, but not limited to:

(i) Administering protective services plans.

(ii) Receiving and maintaining records of reports of

abuse, neglect, exploitation and abandonment.

(iii) Conducting investigations of reported abuse,

neglect, exploitation and abandonment.

(iv) Carrying out assessments and developing service

plans.

(v) Petitioning the court.

(vi) Providing for emergency involuntary

intervention.

(vii) Arranging for available services needed to

carry out service plans, which may include, as

appropriate, arranging for services for other individuals

in the household unit in order to reduce, correct or

eliminate abuse, neglect, exploitation or abandonment of

an older adult.

(viii) Purchasing, on a temporary basis, services

determined by a service plan to be necessary to reduce,

correct or eliminate abuse, neglect, exploitation or

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abandonment of an older adult if the services are not

available within the existing resources of the area

agency on aging or other appropriate provider. Purchase

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

period which may be renewed with adequate justification

under regulations issued by the department.

(4) Older adults receiving protective services shall not

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

adults if the receipt of the services by others is not

subject to cost sharing.

Section 404-A. Involuntary intervention by emergency court

order.

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

petition a court of common pleas for an emergency order to

provide protective services to an older adult who is at imminent

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

exploitation. The court of common pleas shall grant the area

agency on aging's petition if the court finds, by clear and

convincing evidence, that failure to provide protective services

will place the older adult at imminent risk of death, sexual

abuse, serious bodily injury or financial exploitation. The

courts of common pleas of each judicial district shall ensure

that a judge or magisterial district judge is available at all

times to accept and rule on petitions for emergency court orders

under this section if the area agency on aging determines that a

delay until normal court hours may significantly increase danger

to the older adult.

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

convincing evidence of the need for an emergency order, shall

order only services necessary to remove the conditions creating

20190SB0819PN1126 - 53 -

the established need.

older adult for whom protective services are being ordered, an

emergency court order under this section shall provide that the

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

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

the court.

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

premises after obtaining a court order, a law enforcement

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

agency on aging.

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

aging shall take reasonable steps to ensure that while the older

adult is receiving services under an emergency court order, the

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

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

adult are secure.

Section 405-A. Confidentiality of records.

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

of investigation, assessments and service plans created under

this chapter shall be considered privileged and confidential and

shall be maintained under regulations promulgated by the

department. The department or the area agency on aging may not

release information that could be detrimental to the older adult

except that the information shall be released to a law

enforcement official under subsection (b)(2) and may be used by

the department in civil proceedings, subject to protective

orders. All information contained in protective service records

is subject to other Federal and State confidentiality and

security laws.

20190SB0819PN1126 - 54 -

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

services records may be provided as follows:

(1) Protective services records may be provided to a

court of competent jurisdiction or to another party pursuant

to a court order. A subpoena shall not be a court order for

purposes of this section.

(2) Protective services records may be provided to law

enforcement officials or a coroner if the information is

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

abuse, neglect, exploitation, abandonment or death of the

older adult. The protective services records shall not be

subject to the act of February 14, 2008 (P.L.6, No.3), known

as the Right-to-Know Law.

(3) In arranging specific services to carry out service

plans, the area agency on aging may disclose information to

appropriate service providers as may be necessary to initiate

the delivery of services.

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

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

perpetrator in the report, may receive, upon written request,

a summary of the report of need except information that would

identify the individual who made a report of suspected abuse,

neglect, exploitation or abandonment or persons who

cooperated in a subsequent investigation.

(5) An individual who makes a report of suspected abuse,

neglect, exploitation or abandonment may receive, upon

written request, confirmation from the department that the

report was received and the area agency on aging is acting in

accordance with this chapter.

(6) For the purposes of monitoring agency performance or

20190SB0819PN1126 - 55 -

conducting other official duties, appropriate staff of the

department, as designated by the Secretary of Aging, may

access protective services records.

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

collaborate or share information included in protective

services records with Commonwealth agencies for purposes of

official Commonwealth business.

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

a summary of protective services information with another

area agency on aging that is performing responsibilities

under this chapter relevant to older adults within the area

agency on aging's jurisdiction.

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

performs older adult protective services similar to those

under this chapter may access a summary of protective

services information relevant to older adults within the area

agency on aging's jurisdiction.

(10) Protective services records may be provided to a

health care provider who is examining or treating the older

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

protection under this chapter.

(11) Protective services records may be provided to the

director, or an individual specifically designated in writing

by the director, of a hospital or other medical institution

where the older adult is being treated if the director or

designee suspects that the recipient is in need of protection

under this act.

(12) Unless prohibited by Federal law, protective

services records relating to financial exploitation may be

provided to a financial institution or fiduciary as necessary

20190SB0819PN1126 - 56 -

to exercise the authority to prohibit disbursement of funds

and transactions provided under section 603-A.

CHAPTER 5-A

REPORTING

Sec.

501-A. Voluntary reporting.

502-A. Mandatory reporting.

503-A. Mandatory reporting to law enforcement officials and

department.

504-A. Contents of reports.

505-A. Mandatory reporter training.

506-A. Coroner.

507-A. Protecting identity of reporter and cooperating

witnesses.

Section 501-A. Voluntary reporting.

An individual having reasonable cause to believe that an

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

abandonment may report the information to an area agency on

aging.

Section 502-A. Mandatory reporting.

A mandatory reporter who has reasonable cause to suspect that

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

or abandonment shall immediately make an oral report to the area

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

advise the mandatory reporter of additional reporting

requirements that may apply under section 503-A. Within 48 hours

of making the oral report, the mandatory reporter shall make a

written report to the area agency on aging.

Section 503-A. Mandatory reporting to law enforcement officials

and department.

20190SB0819PN1126 - 57 -

In addition to the report under section 502-A, a mandatory

reporter who has reasonable cause to suspect that an older adult

may be a victim of suspicious death, serious bodily injury or

sexual abuse shall immediately contact law enforcement officials

and the department to make an oral report. Within 48 hours of

making the oral report, the mandatory reporter shall make a

written report to appropriate law enforcement officials and to

the area agency on aging. The area agency on aging shall forward

the report to the department within 48 hours of receipt.

Section 504-A. Contents of reports.

A written mandatory report under this chapter shall be

prepared in a manner and on forms prescribed by the department.

At a minimum, the report shall include the following

information, as well as anything additional required by

regulation:

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

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

representative or next of kin.

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

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

specific comments or observations directly related to the

alleged incident and the older adult involved.

(5) Any relevant information known related to the

identity of the alleged perpetrator, including, but not

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

adult.

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

information for the reporter and information regarding any

actions taken by the reporter in response to the incident.

Section 505-A. Mandatory reporter training.

20190SB0819PN1126 - 58 -

Mandatory reporters shall be trained by either the department

or an agent of the department on the reporting requirements

under this chapter.

Section 506-A. Coroner.

If there is reasonable cause to suspect that an older adult

died as a result of abuse, neglect, exploitation or abandonment,

including a death within a coroner's jurisdiction under the act

of August 9, 1955 (P.L.323, No.130), known as The County Code,

an area agency on aging shall give the oral report and forward a

copy of the written report as provided in section 504-A to the

appropriate coroner within 24 hours. The written report shall be

maintained as confidential by the coroner.

Section 507-A. Protecting identity of reporter and cooperating

witnesses.

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

officials and coroners and shall not be subject to the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

the release of records that would identify the individual who

made a report under this chapter or an individual who cooperated

in a subsequent investigation is prohibited.

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

to a court order, the identity of the reporter and cooperating

witnesses shall be deleted, unless otherwise ordered by the

court after an in-camera review.

CHAPTER 6-A

FINANCIAL INSTITUTIONS AND FIDUCIARIES

Sec.

601-A. Reporting financial exploitation.

602-A. Financial services provider training.

603-A. Disbursement of money and transactions.

20190SB0819PN1126 - 59 -

604-A. Immunity and defenses.

Section 601-A. Reporting financial exploitation.

Notwithstanding any law limiting or prohibiting disclosure,

except as otherwise provided by Federal law, a financial

services provider, including a designated employee of a

financial services provider, may report financial exploitation

if the employee reasonably believes that financial exploitation

of an older adult may have occurred, may have been attempted or

is being attempted.

Section 602-A. Financial services provider training.

(a) Requirement.--A financial services provider with

employees in this Commonwealth or with employees regularly

engaging in financial transactions with or on behalf of older

adults in this Commonwealth shall provide training to employees

who have direct contact with older adults and conduct financial

transactions for or on behalf of older adults.

(b) Program.--The department, in consultation with the

Department of Banking and Securities and representatives of the

financial services industry, may establish a model training

program for employees of financial services providers regarding

the identification and prevention of financial exploitation of

older adults and on procedures to provide relief to older adults

from financial exploitation, including training regarding the

following:

(1) When to report suspected financial exploitation.

(2) To whom suspected exploitation should be reported.

(3) The information to be included in a report.

(4) The applicable laws, rules and regulations that must

be followed while reporting suspected financial exploitation.

20190SB0819PN1126 - 60 -

shall include information that:

(1) Assists employees in recognizing signs of potential

financial abuse of an older adult, including, but not limited

to, the following:

(i) Unusual activity in an older adult's retirement

account, brokerage account or other accounts managed by

an agent or investment adviser representative or deposit

account.

(ii) Automated teller machine withdrawals by an

older adult who previously never used an automated teller

machine or debit card.

(iii) Suspicious signatures on checks.

(2) Informs employees about the applicable provisions of

this act and the process that employees should use if making

an abuse report or a report of need for protective services.

(d) Compliance.--A financial services provider shall be

deemed in compliance with this section if the provider uses a

model training program established by the department or is

subject to visitorial examination by a regulatory authority that

requires employee training to control fraud or money laundering

and incorporates the activities required under subsections (b)

and (c) into the provider's training program.

Section 603-A. Disbursement of money and transactions.

(a) Reasonable belief.--If a financial services provider or

fiduciary reasonably believes, after initiating an internal

review of a disbursement or transaction, that financial

exploitation of an older adult may have occurred, may have been

attempted or is being attempted, the financial services provider

or fiduciary may refuse to disburse money or engage in a

transaction, as appropriate, to prevent financial exploitation

20190SB0819PN1126 - 61 -

of an older adult with respect to the following accounts:

(1) An account of the older adult.

(2) An account on which the older adult is a

beneficiary, including a trust or guardianship account.

(3) An account of a person suspected of perpetrating

financial exploitation of an older adult.

(b) Area agency on aging or law enforcement.--A financial

services provider or fiduciary may refuse to disburse money or

engage in a transaction under this section if an area agency on

aging or law enforcement official provides information to the

financial services provider or fiduciary demonstrating that it

is reasonable to believe that financial exploitation of an older

adult may have occurred, may have been attempted or is being

attempted.

shall not be required to refuse to disburse money or engage in a

transaction when provided with information alleging that

financial exploitation may have occurred, may have been

attempted or is being attempted, but may use its discretion to

determine whether to refuse to disburse money based on the

information available to the financial services provider or

fiduciary.

(d) Duties.--Except as provided under Federal or State law,

a financial services provider or fiduciary that refuses to

disburse money or engage in a transaction based on a reasonable

belief that financial exploitation of an older adult may have

occurred, may have been attempted or is being attempted shall:

(1) Make a reasonable effort to notify, orally or in

writing, each person authorized to transact business on the

account, that is a beneficiary of the account or that has

20190SB0819PN1126 - 62 -

been authorized by the older adult to receive notifications

regarding account activity, except for a person reasonably

believed to have engaged in suspected or attempted financial

exploitation of the older adult. A notification shall be

sufficient if it provides:

(i) Notice that the financial institution or

fiduciary has temporarily blocked the disbursement of

funds or delayed the execution of transactions as

authorized under section 601-A.

(ii) The name of the financial institution or

fiduciary.

(iii) The account or transaction to which the

notification applies.

(iv) The name and phone number of a contact person

representing the financial institution or fiduciary.

(v) The phone number of the area agency on aging or

law enforcement official to which a report has been

provided.

(2) Immediately make an oral report to the agency.

Within two business days of making an oral report, the

financial services provider shall make a written report to

the area agency on aging.

(e) Expiration.--A refusal to disburse money or engage in a

transaction as authorized by this section based on the

reasonable belief of a financial services provider that

financial exploitation of an older adult may have occurred, may

have been attempted or is being attempted shall expire upon the

sooner of the following:

(1) Fifteen business days after the date on which the

financial services provider or fiduciary first refused to

20190SB0819PN1126 - 63 -

disburse the money or engage in the transaction, unless

terminated or extended by an order of a court of competent

jurisdiction, a law enforcement official, the department or

an area agency on aging. An additional 10 business days shall

be permitted, if requested by a law enforcement official, the

department or an area agency on aging, following the

submission of a petition for a court order further extending

the time period.

(2) Except as provided under paragraph (1), the time

when the financial services provider or fiduciary is

satisfied that the disbursement will not result in financial

exploitation of an older adult.

(f) Order.--A court of competent jurisdiction may enter an

order extending the refusal by the financial services provider

or fiduciary to disburse money or engage in a transaction based

on a reasonable belief that financial exploitation of an older

adult may have occurred, may have been attempted or is being

attempted. A court of competent jurisdiction may also order

other protective relief as authorized.

Section 604-A. Immunity and defenses.

(a) Immunity.--Except as provided under subsection (c), a

financial services provider or fiduciary and its directors,

officers, employees or agents shall not be subject to a claim

for damages or other civil or criminal liability for the

following:

(1) The identification or failure to identify the

financial exploitation of an older adult.

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

under this act.

(3) A decision to allow the disbursement of money or

20190SB0819PN1126 - 64 -

engage in a transaction under this act.

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

transaction under this act.

(5) The release of information to a law enforcement

official, the department or an area agency on aging as

authorized by this act.

(6) The provision of a notice under section 603-A.

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

other law to the contrary:

(1) The refusal by a financial services provider to

engage in a transaction authorized under this subsection

shall not constitute the wrongful dishonor of an item under

13 Pa.C.S. § 4402 (relating to liability of bank to customer

for wrongful dishonor; time of determining insufficiency of

account).

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

facilitate the financial exploitation of an older adult shall

constitute reasonable grounds to doubt the collectability of

the item for purposes of the Expedited Funds Availability Act

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

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

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

availability of funds and collection of checks).

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

agent involved in the financial exploitation of an older adult.

CHAPTER 7-A

CRIMINAL HISTORY

Sec.

701-A. Criminal history.

20190SB0819PN1126 - 65 -

702-A. Grounds for denying employment.

703-A. Provisional employees for limited periods.

Section 701-A. Criminal history.

(a) General rule.--A facility shall require an individual

under subsection (b) to submit the following information, which

must have been obtained within the preceding one-year period:

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

history record information), a report of criminal history

record information from the Pennsylvania State Police or a

statement from the Pennsylvania State Police that the central

repository contains no information relating to that person.

The criminal history record information shall be limited to

that which is disseminated under 18 Pa.C.S. § 9121(b)(2)

(relating to general regulations).

(2) A report of Federal criminal history record

information pursuant to the Federal Bureau of Investigation's

appropriation under the Departments of State, Justice, and

Commerce, the Judiciary, and Related Agencies Appropriation

Act, 1973 (Public Law 92-544, 86 Stat. 1109). The department

shall be the intermediary for the purposes of this paragraph.

For the purposes of this paragraph, the individual shall

submit a full set of fingerprints in a manner prescribed by

the department. The Commonwealth shall submit the

fingerprints to the Federal Bureau of Investigation for a

national criminal history record check. The information

obtained from the criminal record check shall be used by the

department to determine the individual's eligibility. The

determination shall be submitted to the administrator by the

applicant, prior to commencing employment, or by the

employee. The administrator shall insure confidentiality of

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the information. The provisions of 18 Pa.C.S. § 9121(b)(2)

shall not apply if the request for a report of Federal

criminal history record information is made under this

section.

(b) Reports.--The following individuals shall submit the

reports of criminal history record information required under

subsection (a):

(1) An applicant, with the applicant's application.

(2) An employee.

(3) An administrator who has or may have direct contact

with a recipient.

(4) An operator who has or may have direct contact with

a recipient.

information shall be obtained in accordance with the following:

(1) Beginning on the effective date of this section, an

individual under subsection (b) shall be required to obtain

the report of criminal history record information required

under subsection (a)(2) every 60 months. The date for

required renewal shall be from the date of the individual's

oldest report of criminal history record information.

(2) An individual identified in subsection (b) with a

current report of criminal history record information issued

prior to the effective date of this subsection shall be

required to obtain the report of criminal history record

information required under subsection (a)(2) within 60 months

from the date of the individual's oldest report of criminal

history record information or, if the current report of

criminal history record information is older than 60 months,

within one year of the effective date of this section.

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(3) An individual identified in subsection (b) who was

previously not required to have a report of criminal history

information shall be required to obtain the reports of

criminal history information required under subsection (a) no

later than a year from the effective date of this section.

(d) Written notice of new arrest or conviction.--

(1) If an employee is arrested for or convicted of an

offense that would constitute grounds for denying employment

under section 702-A, the employee shall provide the

administrator or designee with written notice not later than

72 hours after the arrest or conviction.

(2) If the person responsible for employment decisions

or the administrator has a reasonable belief that an employee

was arrested or convicted for an offense that would

constitute grounds for denying employment under section 702-

A, or the employee has provided notice as required under

paragraph (1), the person responsible for employment

decisions or the administrator shall immediately require the

employee to submit current information as required under

subsection (a). The cost of the information set forth in

subsection (a) shall be borne by the facility.

Section 702-A. Grounds for denying employment.

(a) General rule.--Subject to subsection (f), a facility may

not hire or retain an individual required to submit information

under section 701-A if the individual's criminal history record

information indicates that the individual has been convicted of

an offense under one or more of the following provisions of 18

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

(1) A felony under Chapter 25 (relating to criminal

homicide).

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(2) Section 3011 (relating to trafficking in

individuals).

(3) Section 3121 (relating to rape).

(4) Section 3124.2 (relating to institutional sexual

assault).

(5) Section 3125 (relating to aggravated indecent

assault).

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

to those crimes listed under this subsection.

(b) Twenty-five-year ban.--Subject to subsection (f), a

facility may not hire or retain an individual required to submit

information under section 701-A within 25 years from the

individual's release or discharge from a State or county

correctional institution or from termination of supervised

probation or parole, whichever is later, if the individual's

criminal history record information indicates that the

individual has been convicted of any of the following offenses

under one or more of the following provisions of 18 Pa.C.S.:

(1) A misdemeanor under Chapter 25.

(2) A felony under Chapter 27 (relating to assault).

(3) A misdemeanor under section 2713 (relating to

neglect of care-dependent person).

(4) A misdemeanor under section 2718 (relating to

strangulation).

(5) Section 2901 (relating to kidnapping).

(6) Section 2902 (relating to unlawful restraint).

(7) Section 2903 (relating to false imprisonment).

(8) Section 3122.1 (relating to statutory sexual

assault).

(9) Section 3123 (relating to involuntary deviate sexual

20190SB0819PN1126 - 69 -

intercourse).

(10) Section 3124.1 (relating to sexual assault).

(11) Section 3126 (relating to indecent assault).

(12) Section 3127 (relating to indecent exposure).

(13) Section 3129 (relating to sexual intercourse with

animal).

(14) Section 3301 (relating to arson and related

offenses).

(15) Section 3502 (relating to burglary).

(16) Chapter 37 (relating to robbery).

(17) Section 4115 (relating to falsely impersonating

persons privately employed).

(18) A felony under section 4120 (relating to identity

theft).

(19) Section 4302 (relating to incest).

(20) Section 4303 (relating to concealing death of

child).

(21) A felony offense under section 4304 (relating to

endangering welfare of children).

(22) Section 4305 (relating to dealing in infant

children).

(23) Section 5902(b.1) (relating to prostitution and

related offenses).

(24) Section 5903(a)(1), (3)(ii), (4)(ii), (5)(ii) or

(6), (c) or (d) (relating to obscene and other sexual

materials and performances).

(25) Section 6312 (relating to sexual abuse of

children).

(26) Section 6318 (relating to unlawful contact with

minor).

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(27) Section 6319 (relating to solicitation of minors to

traffic drugs).

(28) Section 6320 (relating to sexual exploitation of

children).

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

to the crimes listed under this subsection.

not hire or retain an individual required to submit information

under section 701-A within 10 years from the individual's

release or discharge from a State or county correctional

institution or from termination of supervised probation or

parole, whichever is later, if the individual's criminal history

record information indicates that the individual has been

convicted of any of the following offenses under one or more of

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

(1) A misdemeanor under section 2710 (relating to ethnic

intimidation).

(2) A felony under section 2904 (relating to

interference with custody of children).

(3) Section 2909 (relating to concealment of whereabouts

of a child).

(4) Section 3131 (relating to unlawful dissemination of

intimate image).

(5) A felony under Chapter 39 (relating to theft and

related offenses) or two or more misdemeanors under Chapter

39.

(6) Section 4101 (relating to forgery).

(7) Section 4103 (relating to fraudulent destruction,

removal or concealment of recordable instruments).

(8) A felony under section 4106 (relating to access

20190SB0819PN1126 - 71 -

device fraud) or two or more misdemeanors under section 4106.

(9) Section 4114 (relating to securing execution of

documents by deception).

(10) A misdemeanor under section 4120 (relating to

identity theft).

(11) A misdemeanor under section 4304.

(12) Section 4952 (relating to intimidation of witnesses

or victims).

(13) Section 4953 (relating to retaliation against

witness, victim or party).

(14) Section 6301 (relating to corruption of minors).

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

to the crimes listed in this subsection.

(d) Five-year ban.--Subject to subsection (f), a facility

may not hire or retain an individual required to submit

information under section 701-A within five years from the

individual's release or discharge from a State or county

correctional institution or from termination of supervised

probation or parole, whichever is later, if the individual's

criminal history record information indicates that the

individual has been convicted of any of the following offenses

under one or more of the following provisions of 18 Pa.C.S.:

(1) An offense designated as a felony under the act of

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

Substance, Drug, Device and Cosmetic Act.

(2) A felony under section 4105 (relating to bad

checks).

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

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

(e) Date of release or discharge.--To determine the date of

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an individual's release, discharge or termination of

supervision, an individual shall provide to the department, upon

request, documentation relating to the individual's release or

discharge from a State or county correctional institution or

from termination of supervised probation or parole.

(f) Waiver request.--Unless prohibited by Federal law, the

department may grant a waiver of the prohibitions under

subsections (a), (b), (c) and (d) when an individual submits a

written waiver request. The department shall review a written

request within 45 days. The waiver request shall be submitted on

a form as prescribed by the department and shall contain the

following:

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

conviction.

(2) The circumstances of the individual's conviction.

(3) If the individual was incarcerated, a copy of the

order from the Federal, State or local jurisdiction that

released the individual from incarceration, including the

date of release.

(4) Evidence of an individual's rehabilitation.

(5) Demonstrated prior and present relevant work

experience of the individual.

(6) Competency and proficiency of the individual in

relevant work, including the provision of essential care-

dependent services.

(7) The relationship of the offense to the individual's

prospective or current job position.

(8) Demonstrated good moral character in personal and

occupational or employment affairs.

(9) A copy of a previously approved waiver request for

20190SB0819PN1126 - 73 -

another job position, as applicable.

(g) Waiver request for specified job.--A waiver request

granted under subsection (f) only applies to a specified job

position. If an individual seeks employment in a different

facility or in a different job position, the individual shall

submit a subsequent written waiver request.

Section 703-A. Provisional employees for limited periods.

(a) Provisional basis.--The following apply:

(1) An administrator may employ an applicant on a

provisional basis for a single period not to exceed 90 days

if all of the following conditions are met:

(i) The applicant has applied for a criminal history

report required under section 701-A(a) and provided the

facility with a copy of the completed request forms.

(ii) The facility has no knowledge about the

applicant that would disqualify the applicant from

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

to tampering with public records or information).

(iii) The applicant swears or affirms in writing

that the applicant is not disqualified from employment

under this chapter.

(iv) The administrator provides written information

to the older adult or fiduciary notifying that the health

care provider is a provisional employee and the

facility's procedure for provisional hiring when a

criminal history report is pending.

(2) If the information obtained from the criminal

history report reveals that the applicant is disqualified

from employment under section 702-A, the applicant shall be

terminated immediately.

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(b) Supervision.--The department, in consultation with the

Department of Health and the Department of Human Services, shall

develop guidelines regarding the supervision of provisional

employees. Supervision shall include random direct supervision

by an employee who has been employed by the facility for a

period of at least one year.

CHAPTER 8-A

REMEDIES

Sec.

801-A. Penalties.

802-A. Immunity from civil and criminal liability.

Section 801-A. 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 have

jurisdiction to 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 action).

(2) Each Commonwealth agency that licenses a facility

shall have jurisdiction regarding violations of section 701-A

and may issue an order assessing a civil penalty not to

exceed $5,000.

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

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cooperating with the area agency on aging, including

providing testimony in an administrative or judicial

proceeding, shall be free from any discriminatory,

retaliatory or disciplinary action by an employer or by any

other person. A person who violates this paragraph shall be

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

The reporter or older adult shall recover treble compensatory

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

whichever is greater.

(4) An individual, including the older adult, with

knowledge sufficient to justify making a report or

cooperating with the area agency on aging, including

providing testimony in an administrative or judicial

proceeding, shall be free from any intimidation by an

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

paragraph shall be subject to a civil action by the

individual intimidated or the older adult. The individual

intimidated or the older adult shall recover treble

compensatory damages, compensatory and punitive damages or

$5,000, whichever is greater.

(b) Criminal penalties.--

(1) A mandatory reporter who intentionally fails to

report suspected abuse, neglect, exploitation or abandonment

commits a summary offense for the first violation and a

misdemeanor of the second degree for a second or subsequent

violation and shall, upon conviction, be sentenced to pay a

fine of $5,000 or to imprisonment for not more than one year,

or both.

(2) An individual who makes a false statement or

representation of a material fact in a report of need commits

20190SB0819PN1126 - 76 -

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

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

imprisonment for not more than five years, or both.

(1) An individual participating in the making of a

report of need, or who provides testimony in an

administrative or judicial proceeding in a court of this

Commonwealth arising out of a report, shall be immune from

any civil or criminal liability on account of the report or

testimony related to good faith compliance with this act.

This immunity shall not extend to liability for acts of

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

are the subject of the report or testimony.

(2) An entity that employs an individual 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.

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

shall be used for department programs to investigate and prevent

the abuse, neglect, exploitation and abandonment of older

adults.

Section 802-A. Immunity from civil and criminal liability.

In the absence of willful misconduct or gross negligence, the

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

agency on aging, protective services workers or employees of the

department shall not be civilly or criminally liable for any

decision or action or resulting consequence of decisions or

action when acting under and according to the provisions of this

act.

CHAPTER 9-A

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ADMINISTRATION

Sec.

901-A. Funding.

902-A. Regulations.

Section 901-A. Funding.

Money necessary to administer this act shall be provided by

an annual appropriation by the General Assembly.

Section 902-A. Regulations.

The department shall promulgate rules and regulations to

carry out the provisions this act and shall annually present to

the General Assembly a report on the program and services

performed. State agencies with oversight authority over entities

impacted by this act shall promulgate regulations necessary to

assist the department in implementing this act.

Section 3. This act shall take effect as follows:

(1) The addition of section 202-A of the act shall take

effect in one year.

(2) The remainder of this act shall take effect

immediately.

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