PRIOR PRINTER'S NOS. 2890, 3468
PRINTER'S NO. 3505
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2425
Session of
2022
INTRODUCED BY FLOOD, M. MACKENZIE, HENNESSEY, RYAN, DRISCOLL,
McNEILL, GLEIM, MIZGORSKI, HILL-EVANS, BERNSTINE, NEILSON,
PARKER, CIRESI, DAY, LEWIS DELROSSO, THOMAS AND D. WILLIAMS,
MARCH 29, 2022
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 20, 2022
AN ACT
Providing for communication duties between the Department of
Health and the Department of Human Services with certain
agencies and the Department of Aging relating to abuse of
adults and older adults.
THIS ACT MAY BE REFERRED TO AS THE ROBERT RAPH ACT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Robert Raph
COMMUNICATION OF OLDER ADULT ABUSE Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abuse." Either of the following:
(1) as defined in section 103 of the act of November 6,
1987 (P.L.381, No.79), known as the Older Adults Protective
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Services Act; or
(2) as defined in section 103 of the act of October 7,
2010 (P.L.484, No.70), known as the Adult Protective Services
Act.
"Adult." As defined in section 103 of the Adult Protective
Services Act.
"Facility." Any of the following:
(1) 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.
(2) A hospice as defined in section 802.1 of the Health
Care Facilities Act.
(3) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
(4) An assisted living residence as defined in section
1001 of the Human Services Code.
"Older adult." As defined in section 103 of the Older Adults
Protective Services Act.
Section 3. Communication duties of departments.
(a) Allegations involving older adults.--When an allegation
of abuse involving an older adult residing in a facility is
reported to the Department of Health or the Department of Human
Services, the department that received the allegation shall:
(1) Refer the allegation to the local area agency on
aging for screening and investigation in accordance with the
act of November 6, 1987 (P.L.381, No.79), known as the Older
Adults Protective Services Act.
(2) Provide all information related to the allegation to
the local area agency on aging to aid in the investigation of
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alleged abuse.
(b) Allegations involving adults.--When an allegation of
abuse involving an adult residing in a facility is reported to
either the Department of Health or the Department of Human
Services, the department that received the allegation shall:
(1) Refer the allegation to the agency for screening and
investigation in accordance with the act of October 7, 2010
(P.L.484, No.70), known as the Adult Protective Services Act.
(2) Provide all information related to the allegation to
the agency to aid in the investigation of alleged abuse.
(3) For purposes of this subsection, the term "agency"
shall have the meaning given to it in section 103 of the
Adult Protective Services Act.
(c) Ongoing communication.--The Department of Health, the
Department of Human Services and the Department of Aging shall
establish ongoing communication to determine the most effective
and efficient manner in which the information under this section
will be shared.
(D) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO SUPERSEDE OR NEGATE THE REQUIREMENTS FOR MANDATORY
REPORTING UNDER CHAPTER 5 OF THE ADULT PROTECTIVE SERVICES ACT
OR UNDER CHAPTER 7 OF THE OLDER ADULTS PROTECTIVE SERVICES ACT.
Section 4. Effective date.
This act shall take effect immediately IN 60 DAYS.
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