HB 1611

                                                PRINTER'S NO.   1925
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 1611
                                          Session of
                                            2025
INTRODUCED BY MADDEN, BENHAM, KOSIEROWSKI, D. WILLIAMS, CARROLL,
   HILL-EVANS, PROBST, MAYES, RIVERA, FLEMING, SANCHEZ,
   BOROWSKI, PARKER, CEPEDA-FREYTIZ, PIELLI, SHUSTERMAN, GUENST,
   STEELE, HADDOCK, HOWARD AND HOHENSTEIN, JUNE 16, 2025
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
   JUNE 16, 2025
                               AN ACT
1 Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2    "An act relating to the protection of the abused, neglected,
3    exploited or abandoned elderly; establishing a uniform
4    Statewide reporting and investigative system for suspected
5    abuse, neglect, exploitation or abandonment of the elderly;
6    providing protective services; providing for funding; and
7    making repeals," extensively revising provisions relating to
8    the protection of abused elderly; establishing a uniform
9    Statewide reporting and investigative system for suspected
10    abuse of the elderly; providing for protective services;
11    prohibiting financial exploitation; providing for funding and
12    for regulations; imposing penalties; and making editorial
13    changes.
14    The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16    Section 1.    The title of the act of November 6, 1987
17 (P.L.381, No.79), known as the Older Adults Protective Services
18 Act, is amended to read:
19AN ACT
20 Relating to the protection of the abused[, neglected, exploited
21    or abandoned elderly; establishing] older adults; providing
22    for a uniform Statewide reporting and investigative system
1    for suspected abuse[, neglect, exploitation or abandonment]
2    of [the elderly] older adults; providing protective services;
3    providing for funding; and making repeals.
4    Section 2.    Chapter 1 of the act is repealed:
5[CHAPTER 1
6PRELIMINARY PROVISIONS
7 Section 101.    Short title.
8    This act shall be known and may be cited as the Older Adults
9 Protective Services Act.
10 Section 102.    Legislative policy.
11    It is declared the policy of the Commonwealth of Pennsylvania
12 that older adults who lack the capacity to protect themselves
13 and are at imminent risk of abuse, neglect, exploitation or
14 abandonment shall have access to and be provided with services
15 necessary to protect their health, safety and welfare. It is not
16 the purpose of this act to place restrictions upon the personal
17 liberty of incapacitated older adults, but this act should be
18 liberally construed to assure the availability of protective
19 services to all older adults in need of them. Such services
20 shall safeguard the rights of incapacitated older adults while
21 protecting them from abuse, neglect, exploitation and
22 abandonment. It is the intent of the General Assembly to provide
23 for the detection and reduction, correction or elimination of
24 abuse, neglect, exploitation and abandonment, and to establish a
25 program of protective services for older adults in need of them.
26 Section 103.    Definitions.
27    The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30    "Abandonment."    The desertion of an older adult by a
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1 caretaker.
2    "Abuse."    The occurrence of one or more of the following
3 acts:
4(1)    The infliction of injury, unreasonable confinement,
5    intimidation or punishment with resulting physical harm, pain
6    or mental anguish.
7(2)    The willful deprivation by a caretaker of goods or
8    services which are necessary to maintain physical or mental
9    health.
10(3)    Sexual harassment, rape or abuse, as defined in the
11    act of October 7, 1976 (P.L.1090, No.218), known as the
12    Protection From Abuse Act.
13 No older adult shall be found to be abused solely on the grounds
14 of environmental factors which are beyond the control of the
15 older adult or the caretaker, such as inadequate housing,
16 furnishings, income, clothing or medical care.
17    "Administrator."    The person responsible for the
18 administration of a facility. The term includes a person
19 responsible for employment decisions or an independent
20 contractor.
21    "Agency."    The local provider of protective services, which
22 is the area agency on aging or the agency designated by the area
23 agency on aging to provide protective services in the area
24 agency's planning and service area.
25    "Care."    Services provided to meet a person's need for
26 personal care or health care. Services may include homemaker
27 services, assistance with activities of daily living, physical
28 therapy, occupational therapy, speech therapy, medical social
29 services, home-care aide services, companion-care services,
30 private duty nursing services, respiratory therapy, intravenous
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1 therapy, in-home dialysis and durable medical equipment
2 services, which are routinely provided unsupervised and which
3 require interaction with the care-dependent person. The term
4 does not include durable medical equipment delivery.
5    "Care-dependent individual."     An adult who, due to physical
6 or cognitive disability or impairment, requires assistance to
7 meet needs for food, shelter, clothing, personal care or health
8 care.
9    "Caretaker."    An individual or institution that has assumed
10 the responsibility for the provision of care needed to maintain
11 the physical or mental health of an older adult. This
12 responsibility may arise voluntarily, by contract, by receipt of
13 payment for care, as a result of family relationship, or by
14 order of a court of competent jurisdiction. It is not the intent
15 of this act to impose responsibility on any individual if such
16 responsibility would not otherwise exist in law.
17    "Client assessment."    Social, physical and psychological
18 findings along with a description of the person's current
19 resources and needs.
20    "Court."   A court of common pleas or a district magistrate
21 court, where applicable.
22    "Department."   The Department of Aging of the Commonwealth.
23    "Employee."    An individual who is employed by a facility. The
24 term includes contract employees who have direct contact with
25 residents or unsupervised access to their personal living
26 quarters. The term includes any person who is employed or who
27 enters into a contractual relationship to provide care to a
28 care-dependent individual for monetary consideration in the
29 individual's place of residence.
30    "Exploitation."     An act or course of conduct by a caretaker
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1 or other person against an older adult or an older adult's
2 resources, without the informed consent of the older adult or
3 with consent obtained through misrepresentation, coercion or
4 threats of force, that results in monetary, personal or other
5 benefit, gain or profit for the perpetrator or monetary or
6 personal loss to the older adult.
7    "Facility."   Any of the following:
8(1)   A domiciliary care home as defined in section 2202-A
9    of the act of April 9, 1929 (P.L.177, No.175), known as The
10    Administrative Code of 1929.
11(2)   A home health care agency.
12(3)   A long-term care nursing facility as defined in
13    section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
14    known as the Health Care Facilities Act.
15(4)   An older adult daily living center as defined in
16    section 2 of the act of July 11, 1990 (P.L.499, No.118),
17    known as the Older Adult Daily Living Centers Licensing Act.
18(5)   A personal care home as defined in section 1001 of
19    the act of June 13, 1967 (P.L.31, No.21), known as the Public
20    Welfare Code.
21    "Home health care agency."    Any of the following:
22(1)   A home health care organization or agency licensed
23    by the Department of Health.
24(2)   A public or private agency or organization, or part
25    of an agency or organization, which provides care to a care-
26    dependent individual in the individual's place of residence.
27    "Intimidation."   An act or omission by any person or entity
28 toward another person which is intended to, or with knowledge
29 that the act or omission will, obstruct, impede, impair, prevent
30 or interfere with the administration of this act or any law
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1 intended to protect older adults from mistreatment.
2    "Law enforcement official."     Any of the following:
3(1)     A police officer of a municipality.
4(2)     A district attorney.
5(3)     The Pennsylvania State Police.
6    "Neglect."    The failure to provide for oneself or the failure
7 of a caretaker to provide goods or services essential to avoid a
8 clear and serious threat to physical or mental health. No older
9 adult who does not consent to the provision of protective
10 services shall be found to be neglected solely on the grounds of
11 environmental factors which are beyond the control of the older
12 adult or the caretaker, such as inadequate housing, furnishings,
13 income, clothing or medical care.
14    "Older adult."    A person within the jurisdiction of the
15 Commonwealth who is 60 years of age or older.
16    "Older adult in need of protective services."     An
17 incapacitated older adult who is unable to perform or obtain
18 services that are necessary to maintain physical or mental
19 health, for whom there is no responsible caretaker and who is at
20 imminent risk of danger to his person or property.
21    "Protective services."    Those activities, resources and
22 supports provided to older adults under this act to detect,
23 prevent, reduce or eliminate abuse, neglect, exploitation and
24 abandonment.
25    "Protective setting."    A setting chosen by the agency where
26 services can be provided in the least restrictive environment to
27 protect the physical and mental well-being of the older adult.
28    "Recipient."    An individual who receives care, services or
29 treatment in or from a facility.
30    "Secretary."    The Secretary of Aging of the Commonwealth.
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1    "Serious bodily injury."     Injury which creates a substantial
2 risk of death or which causes serious permanent disfigurement or
3 protracted loss or impairment of the function of a body member
4 or organ.
5    "Serious physical injury."    An injury that:
6(1)   causes a person severe pain; or
7(2)   significantly impairs a person's physical
8    functioning, either temporarily or permanently.
9    "Service plan."   A written plan developed by the agency on
10 the basis of comprehensive assessment of a client's need which
11 describes identified needs, goals to be achieved and specific
12 services to support goal attainment, with regular follow-up and
13 predetermined reassessment of client progress. Specific services
14 to support goal attainment may include, but is not limited to,
15 homemaker services, home-delivered meals, attendant care, other
16 in-home services, emergency shelter or food, legal aid services,
17 transportation and other such services. Service plans are
18 cooperatively developed by the agency staff, the client or the
19 client's appointed guardian, and other family members when
20 appropriate. The plan shall also address, where applicable,
21 special needs of other members of the household unit as they may
22 affect the older adult's need for protective services.
23    "Sexual abuse."   Intentionally, knowingly or recklessly
24 causing or attempting to cause rape, involuntary deviate sexual
25 intercourse, sexual assault, statutory sexual assault,
26 aggravated indecent assault, indecent assault or incest.]
27    Section 3.    The act is amended by adding chapters to read:
28CHAPTER 1-A
29PRELIMINARY PROVISIONS
30 Section 101-A.   Short title.
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1    This act shall be known and may be cited as the Older Adults
2 Protective Services Act.
3 Section 102-A.       Definitions.
4    The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7    "Abandonment."       The desertion of an older adult by a
8 caregiver.
9    "Abuse."    As follows:
10(1)    The occurrence of one or more of the following acts:
11(i)     The knowing infliction of injury, unreasonable
12confinement, intimidation or punishment with resulting
13physical harm, pain or mental anguish.
14(ii)     The willful deprivation by a caregiver of goods
15or services that are necessary to maintain physical or
16mental health.
17(iii)     Sexual abuse.
18(iv)     Abuse as defined in 23 Pa.C.S. § 6102 (relating
19to definitions).
20(v)     Exploitation.
21(vi)     Financial exploitation.
22(vii)     Neglect.
23(viii)     Abandonment.
24(2)    The term does not include an environmental factor
25    that is beyond the control of an older adult or a caregiver,
26    including the inadequacy of housing, furnishings, income,
27    clothing or medical care.
28    "Administrator."       The individual responsible for the
29 administration of a facility. The term includes an individual
30 responsible for employment decisions at a facility or an
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1 independent contractor of a facility.
2    "Applicant."    An individual who submits an application to be
3 considered for employment by a facility.
4    "Area agency on aging."    The local agency or the local
5 agency's agent designated by the department within a planning
6 and service area to administer the delivery of older adult
7 protective services.
8    "Assessment."    Comprehensive social, physical, cognitive and
9 psychological findings along with a description of an
10 individual's current resources and needs.
11    "Care."    Services provided to meet an older adult's need for
12 personal care or physical or behavioral health care. The term
13 includes homemaker services, assistance with activities of daily
14 living, physical therapy, occupational therapy, speech therapy,
15 medical social services, home-care aide services, companion-care
16 services, private duty nursing services, respiratory therapy,
17 intravenous therapy, in-home dialysis and durable medical
18 equipment services, that are routinely provided unsupervised and
19 require interaction with an older adult. The term does not
20 include durable medical equipment delivery.
21    "Caregiver."    An individual or institution that has assumed
22 the responsibility for the provision of care needed to maintain
23 the physical or mental health of an older adult. The
24 responsibility may arise voluntarily, by contract, by receipt of
25 payment for care, as a result of family relationship or by order
26 of a court of competent jurisdiction.
27    "Court."   A court of common pleas or a district magistrate
28 court, where applicable.
29    "Department."    The Department of Aging of the Commonwealth.
30    "Designated representative of a financial institution."    An
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1 individual who:
2(1)     is entitled to immunity from suit for disclosing
3    suspected financial exploitation by 12 U.S.C. § 3423
4    (relating to immunity from suit for disclosure of financial
5    exploitation of senior citizens); and
6(2)     is designated by a financial institution as the
7    individual responsible for providing information to an area
8    agency on aging, law enforcement agency or the department.
9    "Employee."    The term includes:
10(1)     An individual who is employed by a facility.
11(2)     An individual who enters into a contractual
12    relationship with a facility and has direct contact with
13    residents or unsupervised access to their personal living
14    quarters.
15(3)     An individual who is employed or enters into a
16    contractual relationship to provide care to an older adult
17    for monetary consideration in the older adult's place of
18    residence.
19    "Exploitation."    An act or course of conduct by a caregiver
20 or other person against an older adult or an older adult's
21 resources without the informed consent of the older adult or
22 with consent or authorization obtained through
23 misrepresentation, undue influence, coercion or threats of force
24 that results in monetary or personal loss to the older adult.
25 The term includes financial exploitation.
26    "Facility."    The term includes the following:
27(1)     A domiciliary care home as defined in section 2202-A
28    of the act of April 9, 1929 (P.L.177, No.175), known as The
29    Administrative Code of 1929.
30(2)     An assisted living residence as defined in section
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1    1001 of the act of June 13, 1967 (P.L.31, No.21), known as
2    the Human Services Code.
3(3)    A home health care agency as defined in section
4    802.1 of the act of July 19, 1979 (P.L.130, No.48), known as
5    the Health Care Facilities Act.
6(4)    An intermediate care facility for individuals with
7    an intellectual disability.
8(5)    A long-term care nursing facility as defined in
9    section 802.1 of the Health Care Facilities Act.
10(6)    An older adult daily living center as defined in
11    section 2 of the act of July 11, 1990 (P.L.499, No.118),
12    known as the Older Adult Daily Living Centers Licensing Act.
13(7)    A personal care home as defined in section 1001 of
14    the Human Services Code.
15(8)    An organization or group of people that uses public
16    funds and is paid, in part, to provide care, care
17    coordination or support to older adults in a licensed or
18    unlicensed setting.
19(9)    A residential treatment facility.
20(10)    A hospital.
21    "Fiduciary."   A person legally authorized to act on behalf of
22 an older adult.
23    "Financial exploitation."     As defined in 18 Pa.C.S. § 3922.1
24 (relating to financial exploitation of an older adult or care-
25 dependent person).
26    "Financial institution."    Any of the following conducting
27 business in this Commonwealth:
28(1)    A depository institution as defined in 12 U.S.C. §
29    1813(c) (relating to definitions).
30(2)    A Federal credit union or State credit union as
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1    defined in 12 U.S.C. § 1752 (relating to definitions),
2    including an institution-affiliated party of a credit union
3    as defined in 12 U.S.C. § 1786(r) (relating to termination of
4    insured credit union status and cease and desist orders and
5    removal or suspension from office and procedure).
6(3)   A financial institution under 31 CFR Subt. B Ch. X
7    Pt. 1020 (relating to rules for banks) that is required to
8    file a suspicious activity report.
9(4)   A person subject to supervision by the Department of
10    Banking and Securities or comparable Federal or State bank
11    supervisory or regulatory authority.
12    "Financial institution employee."    An individual employed by
13 a financial institution that has either:
14(1)   direct contact with an older adult; or
15(2)   access to or direct knowledge of an older adult's
16    financial records or accounts with the financial institution.
17    "Financial transaction."   The term includes an exchange or
18 transfer of money, title, assets or any type of monetary
19 instrument through any means including cash, credit cards, debit
20 cards, checks, electronic or wire transfers or any of the
21 following:
22(1)   A transfer or a request to transfer or disburse
23    funds, money or assets, or any other tangible item of value
24    in an account.
25(2)   A request to initiate a wire transfer, initiate an
26    automated clearinghouse transfer or issue a money order,
27    cashier's check or official check.
28(3)   A request to negotiate a check or other negotiable
29    instrument.
30(4)   A request to change the ownership of, or access to,
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1    an account.
2(5)    A request to sell or transfer a security or other
3    asset, or a request to affix a medallion stamp or provide a
4    form of guarantee or endorsement in connection with an
5    attempt to sell or transfer a security or other asset.
6(6)    A request for a loan, extension of credit or draw on
7    a line of credit.
8(7)    A request to encumber movable or immovable property.
9(8)    A request to designate or change the designation of
10    a beneficiary to receive property or a benefit or contractual
11    right.
12(9)    A request for access to a safe deposit box.
13(10)   Except as authorized by this chapter, a request for
14    access regarding nonpublic information regarding an older
15    adult.
16    "Health care provider."     Any of the following:
17(1)    A health care facility as defined under section 103
18    of the Health Care Facilities Act.
19(2)    A person licensed, certified or otherwise regulated
20    to provide health care services under the laws of this
21    Commonwealth.
22    "Hospital."     An institution licensed by the Department of
23 Health that has an organized medical staff established for the
24 purpose of providing to inpatients, by or under the supervision
25 of physicians, diagnostic and therapeutic services for the care
26 of persons who are injured, disabled, pregnant, diseased, sick
27 or mentally ill or rehabilitation services for the
28 rehabilitation of persons who are injured, disabled, pregnant,
29 diseased, sick or mentally ill. The term includes a facility for
30 the diagnosis and treatment of disorders within the scope of
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1 specific medical specialties. The term does not include a
2 facility caring exclusively for behavioral health patients or a
3 facility whose inpatients are predominantly individuals under 18
4 years of age.
5    "Imminent risk."     An immediate or impending action, condition
6 or situation that poses a direct threat to an older adult's
7 health or life absent intervention without delay for any reason
8 upon discovery of the action, condition or situation.
9    "Intentionally."     As specified in 18 Pa.C.S. § 302 (relating
10 to general requirements of culpability).
11    "Intimidation."     An act or omission by a person toward
12 another person intended to threaten or with the knowledge that
13 the act or omission will frighten, obstruct, impede, impair,
14 prevent or interfere with the administration of this act or
15 other law intended to protect older adults from mistreatment.
16    "Knowingly."   As specified in 18 Pa.C.S. § 302.
17    "Law enforcement agency."     The Office of Attorney General, a
18 district attorney's office or an agency that employs a law
19 enforcement official.
20    "Law enforcement official."     Any of the following:
21(1)   An individual who is employed as a police officer
22    and holds a current certificate under 53 Pa.C.S. Ch. 21
23    Subch. D (relating to municipal police education and
24    training).
25(2)   A district attorney or assistant district attorney.
26(3)   An officer of the Pennsylvania State Police.
27(4)   The Attorney General or an agent or deputy of the
28    Attorney General.
29(5)   A sheriff or deputy sheriff.
30    "Least restrictive alternative."      The least intrusive
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1 interventions, services or environment that can effectively and
2 safely address an older adult's needs.
3    "Mandatory reporter."   Any of the following:
4(1)   An administrator or employee of a facility.
5(2)   A health care provider.
6(3)   A person licensed, certified or otherwise regulated
7    to provide health care services under the laws of this
8    Commonwealth.
9(4)   An administrator or employee of an area agency on
10    aging.
11(5)   A law enforcement official.
12    "Neglect."   The failure to provide for oneself or the failure
13 of a caregiver or fiduciary to provide goods, care or services
14 essential to avoid a clear and serious threat to the physical or
15 mental health of an older adult. An older adult who does not
16 consent to the provision of protective services may not be found
17 to be neglected solely on the grounds of environmental factors
18 that are beyond the control of the older adult or the caregiver,
19 including inadequate housing, furnishings, income, clothing or
20 medical care.
21    "Older adult."   An individual who is within the jurisdiction
22 of this Commonwealth and is at least 60 years of age.
23    "Older adult in need of protective services."   An older adult
24 who, because of one or more functional limitations, needs the
25 assistance of another person to perform or obtain services that
26 are necessary to maintain physical or mental health, for whom
27 there is no responsible caregiver and there is a risk of harm to
28 their person or property or they are at imminent risk under
29 section 404-A(a).
30    "Person who is authorized to have access to the older adult's
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1 account." The term includes:
2(1)   An authorized contact provided by an older adult to
3    a financial institution, authorized signatory or beneficiary
4    on an older adult's account.
5(2)   A fiduciary authorized to manage some or all of the
6    financial affairs of an older adult.
7(3)   A co-owner of an account or other person authorized
8    to transact business on an older adult's account.
9(4)   An attorney or financial professional known to
10    represent or have represented or to assist in the management
11    of the financial affairs of an older adult.
12    "Protective services."     The activities, resources and
13 supports provided to older adults under this act to detect,
14 address, prevent, remedy, reduce or eliminate abuse.
15    "Recipient."   An older adult who receives care, services or
16 treatment in or from a facility or caregiver.
17    "Risk of harm."     The strong likelihood that an older adult
18 will experience an action, condition, situation, injury or other
19 outcome that is adverse or detrimental.
20    "Secretary."   The Secretary of Aging of the Commonwealth.
21    "Serious bodily injury."     Injury that:
22(1)   creates a substantial risk of death; or
23(2)   causes serious disfigurement of a body part or
24    organ, protracted loss or impairment of the function of a
25    body part or organ.
26    "Serious injury."     An injury that:
27(1)   causes a person severe pain; or
28(2)   significantly impairs an individual's physical or
29    mental functioning, either temporarily or permanently.
30    "Service plan."     A written comprehensive assessment by an
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1 area agency on aging of an older adult that includes a person-
2 centered and trauma-informed approach that identifies needs,
3 goals to be achieved or maintained and specific services
4 designed to support the older adult's physical and mental
5 health.
6    "Sexual abuse."     Nonconsensual sexual interaction, including
7 a touching or nontouching act, with an older adult.
8    "Substantiated perpetrator."        A person determined, based on a
9 protective services investigation, to have committed abuse of an
10 older adult.
11    "Suspicious death."       An older adult's death that occurs
12 during an active protective services case where there is a
13 potential nexus between the injury inflicted and the death of
14 the older adult.
15    "Willfully."     As specified in 18 Pa.C.S. § 302.
16 Section 103-A.     Intent.
17    It is not the intent of this act to impose responsibility on
18 an individual if the responsibility would not otherwise exist in
19 law.
20CHAPTER 2-A
21DUTIES OF DEPARTMENT
22 Section 201-A.     Public education.
23    The department shall conduct an ongoing public education and
24 outreach campaign to older adults and the general public that is
25 designed to promote and create awareness about the reporting of
26 and protection from abuse of older adults.
27 Section 202-A.     (Reserved).
28 Section 203-A.     Training.
29    (a)    Standards.--The department shall establish minimum
30 training requirements and ongoing education for all area agency
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1 on aging employees to ensure that the employees possess the
2 competency, knowledge and skills necessary for the effective
3 provision of protective services.
4    (b)   Mandatory reporters.--The department shall establish a
5 training program for mandatory reporters regarding reporting
6 requirements under this act.
7 Section 204-A.    Confidentiality.
8    The department shall establish procedures which shall be used
9 by an area agency on aging, its designees and its protective
10 services providers to ensure the privacy of older adults
11 receiving services and the confidentiality of records.
12 Section 205-A.    Schedule and annual plan.
13    (a)   Establishment.--The department shall establish a
14 schedule for the submission and approval of the plans associated
15 with the development of training provided in section 203-A.
16    (b)   Protective services annual plan.--
17(1)   An area agency on aging shall develop a protective
18    services annual plan that describes the local implementation
19    of this act, including the organization, staffing, mode of
20    operations and financing of protective services and the
21    provisions made for the purchase of services, interagency
22    relations, interagency agreements, service referral
23    mechanisms and locus of responsibility for cases with
24    multiservice agency needs.
25(2)   The plan shall include a list of each public or
26    private entity that has been identified by the area agency on
27    aging as having substantial contact with older adults who are
28    potentially in need of protective services or persons
29    substantiated as abusers against older adults.
30(3)   The area agency on aging shall submit the list to
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1    the department for purposes of the public education campaign
2    under section 201-A.
3 Section 206-A.    Waiver application availability.
4    The department shall develop a standardized application
5 process for waivers submitted under section 702-A(b). The
6 department shall make the process publicly available.
7 Section 207-A.    Reporting.
8    The department shall annually submit to the General Assembly
9 a report on the training program established under section 203-A
10 and services performed. The report shall include, at minimum,
11 statistical data on abuse, the waiver process and training
12 practices. The department shall make the report publicly
13 available.
14    Section 4.    Chapter 3 of the act is repealed:
15[CHAPTER 3
16ADMINISTRATION
17 Section 301.    Duties of department and area agencies on aging.
18    (a)   Public information and interdepartmental consultation.--
19 The department shall conduct an ongoing campaign designed to
20 inform and educate older adults, professionals and the general
21 public about the need for an availability of protective services
22 under this chapter. The department shall consult with other
23 departments of the Commonwealth on the design and implementation
24 of the ongoing public awareness campaign. The department shall
25 also consider the concerns of area agencies on aging and the
26 entities identified by them under subsection (c).
27    (b)   Staff training.--The department shall establish minimum
28 standards of training and experience which protective services
29 providers funded by the department shall be required to follow
30 in the selection and assignment of staff for the provision of
20250HB1611PN1925  - 19 -
1 protective services.
2    (c)   Protective services plans.--Each area agency on aging
3 shall include a protective services plan as part of its annual
4 plan. The plan shall describe the local implementation of this
5 chapter, including the organization, staffing, mode of
6 operations and financing of protective services, as well as the
7 provisions made for purchase of services, interagency relations,
8 interagency agreements, service referral mechanisms and locus of
9 responsibility for cases with multiservice agency needs. The
10 description of the methods that will be used by the agency, its
11 designees and its service providers to assure the privacy of
12 older adults receiving services and the confidentiality of all
13 records shall be established by the department. The department
14 shall establish a schedule for the submission and approval of
15 the plans. The plan shall include a list of all entities,
16 whether public or private, that have been identified by the area
17 agency on aging as having substantial contact with potential
18 victims or perpetrators of abuse, neglect, exploitation and
19 abandonment. This list shall be submitted to the department for
20 purposes of the public information campaign under subsection
21 (a).
22 Section 302.   Reporting; protection from retaliation; immunity.
23    (a)   Reporting.--Any person having reasonable cause to
24 believe that an older adult is in need of protective services
25 may report such information to the agency which is the local
26 provider of protective services. Where applicable, reports shall
27 comply with the provisions of Chapter 7.
28    (b)   Receiving reports.--The agency shall be capable of
29 receiving reports of older adults in need of protective services
30 24 hours a day, seven days a week (including holidays). This
20250HB1611PN1925  - 20 -
1 capability may include the use of a local emergency response
2 system or a crisis intervention agency, provided that access can
3 be made to a protective services caseworker in appropriate
4 emergency situations as set forth in regulations promulgated by
5 the department. All reports received orally under this section
6 shall be reduced to writing immediately by the person who
7 receives the report.
8    (c)   Retaliatory action; penalty.--Any person making a report
9 or cooperating with the agency, including providing testimony in
10 any administrative or judicial proceeding, and the victim shall
11 be free from any discriminatory, retaliatory or disciplinary
12 action by an employer or by any other person or entity. Any
13 person who violates this subsection is subject to a civil
14 lawsuit by the reporter or the victim wherein the reporter or
15 victim shall recover treble compensatory damages, compensatory
16 and punitive damages or $5,000, whichever is greater.
17    (c.1)   Intimidation; penalty.--Any person, including the
18 victim, with knowledge sufficient to justify making a report or
19 cooperating with the agency, including possibly providing
20 testimony in any administrative or judicial proceeding, shall be
21 free from any intimidation by an employer or by any other person
22 or entity. Any person who violates this subsection is subject to
23 civil lawsuit by the person intimidated or the victim wherein
24 the person intimidated or the victim shall recover treble
25 compensatory damages, compensatory and punitive damages or
26 $5,000, whichever is greater.
27    (d)   Immunity.--Any person participating in the making of a
28 report or who provides testimony in any administrative or
29 judicial proceeding arising out of a report shall be immune from
30 any civil or criminal liability on account of the report or
20250HB1611PN1925  - 21 -
1 testimony unless the person acted in bad faith or with malicious
2 purpose. This immunity shall not extend to liability for acts of
3 abuse, neglect, exploitation or abandonment, even if such acts
4 are the subject of the report or testimony.
5 Section 303.   Investigations of reports of need for protective
6services.
7    (a)   Investigation.--It shall be the agency's responsibility
8 to provide for an investigation of each report made under
9 section 302. The investigation shall be initiated within 72
10 hours after the receipt of the report and shall be carried out
11 under regulations issued by the department. These regulations
12 shall provide for the methods of conducting investigations under
13 this section and shall assure that steps are taken to avoid any
14 conflict of interest between the investigator and service
15 delivery functions. Reports and investigations under this
16 section shall comply with Chapter 7, where applicable.
17    (b)   Investigation involving licensed facilities.--Any report
18 concerning older adults residing in a State-licensed facility
19 shall be investigated under procedures developed by the
20 department in consultation with the State agency licensing such
21 facility. If the report concerns a resident of a State-licensed
22 facility for whom the area agency on aging provides ombudsman
23 services, the ombudsman of the area agency on aging must be
24 notified.
25    (c)   Unsubstantiated reports.--If, after investigation by the
26 agency, the report is unsubstantiated, the case shall be closed
27 and all information identifying the reporter and the alleged
28 abuser shall be immediately deleted from all records. For
29 purposes of substantiating a pattern of abuse, neglect,
30 exploitation or abandonment, the name of the alleged victim and
20250HB1611PN1925  - 22 -
1 any information describing the alleged act of abuse, neglect,
2 exploitation or abandonment may be maintained for a period of
3 six months under procedures established by the department.
4    (d)   Substantiated reports.--If the report is substantiated
5 by the agency, or if the client assessment is necessary in order
6 to determine whether or not the report is substantiated, the
7 agency shall provide for a timely client assessment if the older
8 adult consents to an assessment. Upon completion of the
9 assessment, written findings shall be prepared which shall
10 include recommended action. This service plan shall provide for
11 the least restrictive alternative, encouraging client self-
12 determination and continuity of care. The service plan shall be
13 in writing and shall include a recommended course of action,
14 which may include the pursuit of civil or criminal remedies. If
15 an older adult found to be in need of protective services does
16 not consent to a client assessment or the development of a
17 service plan, the agency may apply to the case the provisions of
18 section 307.
19 Section 304.     Provision of services; access to records and
20persons.
21    (a)   Availability of protective services.--The agency shall
22 offer protective services under any of the following conditions:
23(1)   An older adult requests such services.
24(2)   Another interested person requests such services on
25    behalf of an older adult.
26(3)   If, after investigation of a report, the agency
27    determines the older adult is in need of such services.
28    (b)   Consent by request.--Except as provided in section 307,
29 an individual shall receive protective services voluntarily. In
30 no event may protective services be provided under this chapter
20250HB1611PN1925  - 23 -
1 to any person who does not consent to such services or who,
2 having consented, withdraws such consent, unless such services
3 are ordered by a court, requested by a guardian of the older
4 adult or provided under section 307. Nothing in this chapter
5 shall prevent the agency from petitioning for the appointment of
6 a guardian pursuant to Title 20 of the Pennsylvania Consolidated
7 Statutes (relating to decedents, estates and fiduciaries).
8    (c)   Interference with services.--If any person interferes
9 with the provision of services or interferes with the right of
10 an older adult to consent to provision of services, the agency
11 may petition the court for an order enjoining such interference.
12    (d)   Access to records.--The agency shall have access to all
13 records relevant to:
14(1)   Investigations of reports under section 303.
15(2)   Assessment of client need.
16(3)   Service planning when an older adult's need for
17    protective services has been or is being established.
18(4)   The delivery of services arranged for under the
19    service plan developed by the agency to respond to an older
20    adult's assessed need for specific services.
21    (e)   Access to persons.--The agency shall have access to
22 older persons who have been reported to be in need of protective
23 services in order to:
24(1)   Investigate reports under section 303 and Chapter 7.
25(2)   Assess client need and develop a service plan for
26    addressing needs determined.
27(3)   Provide for the delivery of services by the agency
28    or other service provider arranged for under the service plan
29    developed by the agency.
30    (f)   Denial of access to persons.--If the agency is denied
20250HB1611PN1925  - 24 -
1 access to an older adult reported to be in need of protective
2 services and access is necessary to complete the investigation
3 or the client assessment and service plan, or the delivery of
4 needed services in order to prevent further abuse, neglect,
5 exploitation or abandonment of the older adult reported to be in
6 need of protective services, the agency may petition the court
7 for an order to require the appropriate access when either of
8 the following conditions apply:
9(1)   The caretaker or a third party has interfered with
10    the completion of the investigation or the client assessment
11    and service plan or the delivery of services.
12(2)   The agency can demonstrate that the older adult
13    reported to be in need of protective services is denying
14    access because of coercion, extortion or justifiable fear of
15    future abuse, neglect, or exploitation or abandonment.
16    (g)   Access by consent.--The agency's access to confidential
17 records held by other agencies or individuals and the agency's
18 access to an older adult reported to be in need of protective
19 services shall require the consent of the older adult or a
20 court-appointed guardian except as provided for under this
21 section or section 307.
22    (h)   Denial of access to records.--If the agency is denied
23 access to records necessary for the completion of a proper
24 investigation of a report or a client assessment and service
25 plan, or the delivery of needed services in order to prevent
26 further abuse, neglect, exploitation or abandonment of the older
27 adult reported to be in need of protective services, the agency
28 may petition the court of common pleas for an order requiring
29 the appropriate access when either of the following conditions
30 apply:
20250HB1611PN1925  - 25 -
1(1)   The older adult has provided written consent for any
2    confidential records to be disclosed and the keeper of the
3    records denies access.
4(2)   The agency can demonstrate that the older adult is
5    denying access to records because of incompetence, coercion,
6    extortion or justifiable fear of future abuse, neglect,
7    exploitation or abandonment.
8 Section 305.    Immunity from civil and criminal liability.
9    In the absence of willful misconduct or gross negligence, the
10 agency, the director, employees of the agency, protective
11 services workers or employees of the department shall not be
12 civilly or criminally liable for any decision or action or
13 resulting consequence of decisions or action when acting under
14 and according to the provisions of this chapter.
15 Section 306.    Confidentiality of records.
16    (a)   General rule.--Information contained in reports, records
17 of investigation, client assessment and service plans shall be
18 considered confidential and shall be maintained under
19 regulations promulgated by the department to safeguard
20 confidentiality. Except as provided below, this information
21 shall not be disclosed to anyone outside the agency other than
22 to a court of competent jurisdiction or pursuant to a court
23 order.
24    (b)   Limited access to the agency's protective services
25 records.--
26(1)   In the event that an investigation by the agency
27    results in a report of criminal conduct, law enforcement
28    officials shall have access to all relevant records
29    maintained by the agency or the department.
30(2)   In arranging specific services to carry out service
20250HB1611PN1925  - 26 -
1    plans, the agency may disclose to appropriate service
2    providers such information as may be necessary to initiate
3    the delivery of services.
4(3)   A subject of a report made under section 302 may
5    receive, upon written request, all information contained in
6    the report except that prohibited from being disclosed by
7    paragraph (4).
8(4)   The release of information that would identify the
9    person who made a report of suspected abuse, neglect,
10    exploitation or abandonment or person who cooperated in a
11    subsequent investigation, is hereby prohibited unless the
12    secretary can determine that such a release will not be
13    detrimental to the safety of such person.
14(5)   When the department is involved in the hearing of an
15    appeal by a subject of a report made under section 302, the
16    appropriate department staff shall have access to all
17    information in the report record relevant to the appeal.
18(6)   For the purposes of monitoring agency performance,
19    appropriate staff of the department may access agency
20    protective services records.
21 Section 307.    Involuntary intervention by emergency court order.
22    (a)   Emergency petition.--Where there was clear and
23 convincing evidence that if protective services are not
24 provided, the person to be protected is at imminent risk of
25 death or serious physical harm, the agency may petition the
26 court for an emergency order to provide the necessary services.
27 The courts of common pleas of each judicial district shall
28 ensure that a judge or district justice is available on a 24-
29 hour-a-day, 365-day-a-year basis to accept and decide on
30 petitions for an emergency court order under this section
20250HB1611PN1925  - 27 -
1 whenever the agency determines that a delay until normal court
2 hours would significantly increase the danger the older adult
3 faces.
4    (b)    Limited order.--The court, after finding clear and
5 convincing evidence of the need for an emergency order, shall
6 order only such services as are necessary to remove the
7 conditions creating the established need.
8    (c)    Right to counsel.--In order to protect the rights of an
9 older adult for whom protective services are being ordered, an
10 emergency court order under this section shall provide that the
11 older adult has the right to legal counsel. If the older adult
12 is unable to provide for counsel, such counsel shall be
13 appointed by the court.
14    (d)    Forcible entry.--Where it is necessary to forcibly enter
15 premises after obtaining a court order, a peace officer may do
16 so, accompanied by a representative of the agency.
17    (e)    Health and safety requirements.--The agency shall take
18 reasonable steps to assure that while the person is receiving
19 services under an emergency court order, the health and safety
20 needs of any of the person's dependents are met and that
21 personal property and the dwelling the person occupies are
22 secure.
23    (f)    Exclusion of remedy.--Nothing in this chapter shall be
24 interpreted to deny any older adult access to the emergency
25 medical services or police protection that would be provided to
26 anyone, regardless of age, in similar circumstances.
27 Section 308.   Individual rights.
28    (a)    Rights of protective services clients.--The agency shall
29 observe the following minimum requirements to safeguard the
30 rights of an older adult who is reported to be in need of
20250HB1611PN1925  - 28 -
1 protective services:
2(1)   The agency shall discreetly notify the older person
3    during the investigation that a report has been made and
4    shall provide the person with a brief summary of the nature
5    of the report.
6(2)   As provided under section 306(b)(3), the older adult
7    may request, and the agency shall provide, additional
8    information contained in the report.
9(3)   Any denial of services by the department or an
10    authorized agency under this chapter may be appealed
11    according to the provisions of the rules and regulations
12    issued by the department under Article XXII-A of the act of
13    April 9, 1929 (P.L.177, No.175), known as The Administrative
14    Code of 1929.
15(4)   Nothing in this act shall limit the right of any
16    older person to file a petition pursuant to the act of
17    October 7, 1976 (P.L.1090, No.218), known as the Protection
18    From Abuse Act.
19    (b)   Rights of alleged abusers.--An individual who is alleged
20 in a protective services report to be a perpetrator of the
21 abuse, neglect, exploitation or abandonment of an older adult
22 shall be entitled to the following if the report is
23 substantiated by the agency:
24(1)   Such an individual shall be notified by the agency
25    at the conclusion of the investigation of the report that
26    allegations have been made and shall be given a brief summary
27    of the allegations.
28(2)   As provided under section 306(b)(3), the alleged
29    perpetrator may request, and the agency shall provide,
30    additional information contained in the report.
20250HB1611PN1925  - 29 -
1(3)     An alleged perpetrator is entitled to file an appeal
2    with the department under 1 Pa. Code Part II (relating to
3    general rules of administrative practice and procedure) to
4    challenge the agency's finding resulting from the
5    investigation of a report made under section 303.
6 Section 309.    Financial obligations; liabilities and payments.
7    All individuals receiving services and all agencies providing
8 services under this chapter shall comply with the following
9 provisions regarding liability for the payment of services:
10(1)     Funding to provide or make available protective
11    services under this chapter shall not supplant any public and
12    private entitlements or resources for which persons receiving
13    protective services under this chapter are or may be
14    eligible, and shall not be available until such persons have
15    exhausted their eligibility and receipt of benefits under
16    said public and private entitlements or resources.
17(2)     Funding available to local protective services
18    agencies under this chapter may be used to cover the costs of
19    activities including, but not limited to, the following:
20(i)    Administering protective services plans required
21under section 301(c).
22(ii)    Receiving and maintaining records of reports of
23abuse under section 302.
24(iii)    Conducting investigations of reported abuse
25under section 303.
26(iv)    Carrying out client assessments and developing
27service plans under section 303.
28(v)    Petitioning the court under sections 304 and
29307.
30(vi)    Providing emergency involuntary intervention
20250HB1611PN1925  - 30 -
1under section 307.
2(vii)    Arranging for available services needed to
3carry out service plans, which may include, as
4appropriate, arranging for services for other household
5members in order to reduce, correct or eliminate abuse,
6neglect, exploitation or abandonment of an older adult.
7(viii)    Purchasing, on a temporary basis, services
8determined by a service plan to be necessary to reduce,
9correct or eliminate abuse, neglect, exploitation or
10abandonment of an older adult when such services are not
11available within the existing resources of the agency or
12other appropriate provider. Purchase of services under
13this provision is limited to a 30-day period which may be
14renewed with adequate justification under regulations
15promulgated by the department.
16(3)     The obligation of the Commonwealth and the counties
17    to provide funds to the department or any agency for services
18    provided pursuant to this chapter shall be entirely
19    discharged by the appropriations made to the department or an
20    agency. Provided that the agency has met its responsibility
21    under the law, no action at law or equity shall be instituted
22    in any court to require the department, any agency, county or
23    the Commonwealth to provide benefits or services under this
24    chapter for which appropriations from the Commonwealth or
25    counties are not available.
26(4)     Protective services clients receiving the same
27    services provided to others under an agency service plan
28    shall not be required to pay a fee for any services not
29    subject to cost sharing for other older adults.
30 Section 310.    Regulations; enforcement.
20250HB1611PN1925  - 31 -
1    (a)   Promulgation of regulations.--The department shall
2 promulgate the rules and regulations to carry out this chapter
3 and shall be responsible for presenting to the General Assembly
4 annually a report on the program and services performed.
5    (b)   Enforcement.--This chapter shall be enforced only after
6 promulgation of regulations by the department, which shall occur
7 no later than 12 months following passage of this chapter,
8 except that section 301 shall apply when the area agency on
9 aging certifies to the department that it is prepared to fulfill
10 its responsibilities. The certification shall be made within 90
11 days following promulgation of regulations.
12 Section 311.    Funds for payment of administration of chapter.
13    Funds necessary to administer this chapter shall be provided
14 by annual appropriation by the General Assembly.]
15    Section 5.    The act is amended by adding chapters to read:
16CHAPTER 3-A
17DUTIES OF AREA AGENCIES ON AGING
18 Section 301-A.    Receipt of reports.
19    An area agency on aging shall receive at all times,
20 electronically and orally, a report of an older adult in need of
21 protective services. The report must be documented in a manner
22 prescribed by the department.
23 Section 302-A.    Investigations.
24    (a)   Duty to conduct.--
25(1)   An area agency on aging shall investigate a report,
26    in accordance with regulations issued by the department, to
27    determine if an older adult is in need of protective
28    services.
29(2)   The regulations shall provide for the methods of
30    conducting investigations and shall ensure that steps are
20250HB1611PN1925  - 32 -
1    taken to avoid a conflict of interest.
2(3)   To the extent permitted by law, the department may
3    exchange information with Federal agencies or the
4    Commonwealth as necessary to ensure the health, safety and
5    welfare of an older adult and protect an older adult from
6    financial exploitation under section 603-A.
7    (b)   Closure.--Upon closure of a case, the area agency on
8 aging shall retain information for a minimum of six months under
9 procedures established by the department.
10    (c)   Timely assessment.--
11(1)   If a report is substantiated by an area agency on
12    aging or an assessment is necessary in order to determine
13    whether or not the report is substantiated, the area agency
14    on aging shall provide for a timely assessment, provided the
15    older adult consents to an assessment.
16(2)   Upon completion of the assessment, the area agency
17    on aging shall prepare written findings and recommended
18    action. The service plan shall:
19(i)    provide for the least restrictive alternative,
20encouraging self-determination and continuity of care;
21(ii)    be in writing; and
22(iii)    include a recommended course of action that
23may include the pursuit of civil or criminal remedies.
24(3)   If an older adult found to be in need of protective
25    services does not consent to an assessment or the development
26    of a service plan, the area agency on aging may apply section
27    404-A to the case.
28    (d)   Environmental factors.--An older adult may not be found
29 to be abused solely on the grounds of environmental factors that
30 are beyond the control of the older adult or caregiver,
20250HB1611PN1925  - 33 -
1 including inadequate housing, furnishings, income, clothing or
2 medical care.
3 Section 303-A.     Investigations involving facilities.
4    (a)   Duty to conduct.--If a report under section 301-A
5 concerns a facility, the area agency on aging shall notify the
6 local ombudsman and the licensing agency and the investigation
7 concerning the facility shall be coordinated with the licensing
8 agency and conducted under procedures developed by the
9 department in consultation with the Commonwealth agency with
10 oversight authority for the facility.
11    (b)   Duty of facility.--The facility shall take reasonable
12 steps to protect older adults following receipt of a report of
13 suspected abuse involving an employee, including a plan of
14 supervision or suspension of the employee.
15 Section 304-A.     Investigations involving law enforcement
16officials.
17    (a)   Coordination.--To the extent possible, law enforcement
18 officials, an area agency on aging and other mandatory reporters
19 shall coordinate respective investigations and shall advise each
20 other and provide applicable additional information on an
21 ongoing basis.
22    (b)   Notice to law enforcement officials.--Upon receipt of a
23 report of any of the following, the area agency on aging shall
24 immediately notify a law enforcement official:
25(1)   Suspicious death.
26(2)   Serious bodily injury.
27(3)   Serious injury.
28(4)   Rape, involuntarily deviate sexual intercourse,
29    sexual assault, institutional sexual assault, statutory
30    sexual assault, aggravate indecent assault, indecent assault
20250HB1611PN1925  - 34 -
1    or incest as defined by 18 Pa.C.S. (relating to crimes and
2    offenses).
3    (c)   Actions following referral.--
4(1)   Following a referral to a law enforcement official,
5    the area agency on aging shall contact the law enforcement
6    official to obtain information about any action taken and the
7    outcome, including any decision regarding criminal charges,
8    and the law enforcement official shall provide the
9    information to the extent that the information is available.
10(2)   An area agency on aging shall report the information
11    under paragraph (1) to the department in a manner prescribed
12    by the department.
13 Section 305-A.        Access to older adults.
14    (a)   Power of area agency on aging.--
15(1)   An area agency on aging shall have access to an
16    older adult who has been reported to be in need of protective
17    services in order to:
18(i)     Investigate a report.
19(ii)     Assess needs of the older adult and develop a
20service plan for addressing the needs.
21(iii)     Provide for the delivery of services by the
22area agency on aging or other protective services
23provider under the service plan.
24(2)   If the area agency on aging is denied access to an
25    older adult reported to be in need of protective services,
26    the area agency on aging may petition the court for an order
27    to require the appropriate access when either of the
28    following conditions apply:
29(i)     The caregiver or a third party has interfered
30with the completion of the investigation, the assessment
20250HB1611PN1925  - 35 -
1and service plan or the delivery of services.
2(ii)    The area agency on aging demonstrates the older
3adult reported to be in need of protective services is
4being denied access because of undue influence, coercion,
5extortion or justifiable fear of future abuse.
6    (b)   Petition.--The area agency on aging may petition the
7 court for an order to require any of the following:
8(1)   Access to the older adult.
9(2)   A physical health evaluation of the older adult.
10(3)   A behavioral health evaluation of the older adult.
11 Section 306-A.        Access to records.
12    (a)   Area agency on aging access.--An area agency on aging
13 shall, with the consent of an older adult, have access to all
14 records for the purposes of:
15(1)   Assessing the older adult's need for services.
16(2)   Planning and delivery of services.
17(3)   Investigating a report relating to the older adult.
18    (b)   Refusal.--If the area agency on aging is denied access
19 to records necessary for the completion of a proper
20 investigation of a report, assessment or service plan or the
21 delivery of needed services in order to prevent further abuse of
22 the older adult reported to be in need of protective services,
23 the area agency on aging may petition the court of common pleas
24 for an order requiring the appropriate access when either of the
25 following conditions apply:
26(1)   The older adult has provided written consent for
27    confidential records to be disclosed and the keeper of the
28    records denies access.
29(2)   The area agency on aging demonstrates that the older
30    adult is being denied access to records because the older
20250HB1611PN1925  - 36 -
1    adult is unable to give informed consent due to cognitive
2    impairment or because of undue influence, coercion, extortion
3    or justifiable fear of future abuse.
4    (c)    Request of certain records.--
5(1)   If an area agency on aging reasonably believes
6    records from a Commonwealth agency, private organization,
7    financial institution, fiduciary, medical institution and
8    practitioner or person reasonably suspected of engaging in or
9    facilitating the abuse of an older adult, are necessary to
10    complete an investigation, assessment, or service plan, the
11    area agency on aging shall request in written form the
12    records, and the records shall be made available to the area
13    agency on aging, unless the disclosure is prohibited by any
14    other provision of Federal or State law.
15(2)   Except as provided by a court order, access to a
16    financial record shall be limited to a record relating to the
17    most recent financial transaction or financial transactions
18    that may comprise financial exploitation, not to exceed 60
19    calendar days prior to the first financial transaction
20    reported and 60 calendar days after the last financial
21    transaction reported.
22    (d)   Medical records.--To facilitate an area agency on
23 aging's protective services investigation, assessment or service
24 plan under this subsection, a medical institution and
25 practitioner shall provide an older adult's medical records
26 within five business days, in accordance with Federal and State
27 law, upon receipt of written consent.
28    (e)   Compensation.--The area agency on aging or the
29 department may compensate a person requested or ordered to
30 provide records to the area agency on aging for the reasonable
20250HB1611PN1925  - 37 -
1 costs of producing records in a manner consistent with the
2 requirements of 12 U.S.C. § 3415 (relating to cost
3 reimbursement).
4 Section 307-A.    Rights of older adults.
5    (a)   Notification.--An area agency on aging shall discreetly
6 notify an older adult during an investigation that a report has
7 been made and shall provide the older adult with a brief summary
8 of the nature of the report.
9    (b)   Information.--
10(1)   As provided in section 405-A, an older adult who is
11    the subject of a report, or the older adult's guardian if the
12    guardian is not named as an abuser in the report, may
13    receive, upon written request, a summary of the report of
14    need except information that would identify the individual
15    who made a report of suspected abuse or persons who
16    cooperated in a subsequent investigation.
17(2)   Upon request, the mandated reporter who filed the
18    report of abuse may be informed whether a case had been
19    opened as a result of the report.
20    (c)   Appeal.--A denial of services by the department or an
21 area agency on aging under this chapter may be appealed in
22 accordance with the rules and regulations issued by the
23 department under Article XXII-A of the act of April 9, 1929
24 (P.L.177, No.175), known as The Administrative Code of 1929.
25 Section 308-A.    Substantiated perpetrators.
26    If an investigation by an area agency on aging finds that an
27 individual is a substantiated perpetrator, the individual may
28 appeal the findings of the investigation and shall be entitled
29 to the following:
30(1)   Notification by the area agency on aging at the
20250HB1611PN1925  - 38 -
1    conclusion of the investigation that the individual has been
2    determined to be a substantiated perpetrator and a brief
3    summary of the investigative findings.
4(2)   The right to file an appeal with the department
5    under 1 Pa. Code Pt. II (relating to general rules of
6    administrative practice and procedure) to challenge the
7    determination.
8(3)   The right to request additional information related
9    to the determination, upon the filing of an appeal. Upon
10    request, the area agency on aging shall provide, consistent
11    with the confidentiality requirements of this act, a brief
12    summary of the information that supports the determination.
13 Section 309-A.   Electronic records.
14    A requirement of this act that information be prepared,
15 filed, submitted, requested, maintained or signed in writing may
16 be satisfied by the use of an electronic record or signature to
17 the extent permitted by law, unless the department, an area
18 agency on aging or a law enforcement agency requires the use of
19 a non-electronic record or original signature.
20 Section 310-A.   Confidentiality standards required.
21    An area agency on aging shall utilize the department's
22 confidentiality standards established under section 204-A.
23 Section 311-A.   Availability of protective services.
24    An area agency on aging shall offer protective services to an
25 individual determined by the area agency on aging to be an older
26 adult in need of protective services under this act.
27CHAPTER 4-A
28PROTECTIVE SERVICES
29 Section 401-A.   Consent by request.
30    An older adult shall receive protective services voluntarily
20250HB1611PN1925  - 39 -
1 unless the services are ordered by a court of competent
2 jurisdiction.
3 Section 402-A.      Interference with services.
4    If a person interferes with the provision of services or
5 interferes with the rights of an older adult to consent to the
6 provision of services, an area agency on aging may petition the
7 court for an order enjoining the interference.
8 Section 403-A.      Financial obligations, liabilities and payments.
9    An older adult receiving protective services and an agency
10 providing services under this chapter shall comply with the
11 following provisions regarding liability for the payment of
12 services:
13(1)   Funding to provide protective services under this
14    chapter may not be used in place of any public or private
15    entitlement or benefit for which the older adult receiving
16    protective services under this chapter is or may be eligible.
17(2)   Funding to provide protective services may not be
18    used until eligibility and receipt of benefits under public
19    and private entitlements or resources have been exhausted.
20(3)   Funding available to local area agencies on aging
21    under this chapter may be used to cover the costs of
22    activities, including:
23(i)     Administering protective services plans.
24(ii)     Receiving and maintaining records of reports of
25abuse.
26(iii)     Conducting investigations of reported abuse.
27(iv)     Carrying out assessments and developing service
28plans.
29(v)     Petitioning the court.
30(vi)     Providing for emergency involuntary
20250HB1611PN1925  - 40 -
1intervention.
2(vii)    Arranging for available services needed to
3carry out service plans, including, as appropriate,
4arranging for services for other individuals in the
5household unit in order to reduce, correct or eliminate
6abuse of an older adult.
7(viii)    Purchasing, on a temporary basis, services
8determined by a service plan to be necessary to reduce,
9correct or eliminate abuse of an older adult if the
10services are not available within the existing resources
11of the area agency on aging or other appropriate
12provider. Purchase of services under this section is
13limited to a 30-day period, which may be renewed with
14adequate justification under regulations promulgated by
15the department.
16(4)   An older adult receiving protective services may not
17    be charged a fee when the receipt of the services is not
18    subject to cost sharing.
19 Section 404-A.     Involuntary intervention by emergency court
20order.
21    (a)   Emergency petition.--
22(1)   An area agency on aging may petition a court of
23    common pleas for an emergency order to provide protective
24    services to an older adult who is at imminent risk of death,
25    serious injury or serious bodily injury; or rape, involuntary
26    deviate sexual intercourse, sexual assault, institutional
27    sexual assault, statutory sexual assault, aggravated indecent
28    assault, indecent assault or incest, as defined by 18 Pa.C.S.
29    (relating to crimes and offenses).
30(2)   The court of common pleas shall grant the petition
20250HB1611PN1925  - 41 -
1    if the court finds, by clear and convincing evidence, that
2    failure to provide protective services will place the older
3    adult at imminent risk of death, serious injury or serious
4    bodily injury; or rape, involuntary deviate sexual
5    intercourse, sexual assault, institutional sexual assault,
6    statutory sexual assault, aggravated indecent assault,
7    indecent assault or incest, as defined by 18 Pa.C.S.
8(3)   A court of common pleas shall ensure that a judge or
9    magisterial district judge is available at all times to
10    accept and rule on petitions for emergency court orders under
11    this section if the area agency on aging determines that a
12    delay until normal court hours may significantly increase
13    danger to the older adult.
14    (b)   Limited order.--The court, after finding clear and
15 convincing evidence of the need for an emergency order, shall
16 order only services necessary to remove the conditions creating
17 the established need.
18    (c)   Right to counsel.--In order to protect the rights of the
19 older adult for whom protective services are being ordered, an
20 emergency court order under this section shall provide that the
21 older adult has the right to legal counsel. If the older adult
22 is unable to provide for counsel, counsel shall be appointed by
23 the court.
24    (d)   Forcible entry.--A law enforcement official may forcibly
25 enter a premises if:
26(1)   necessary to forcibly enter the premises after
27    obtaining a court order; and
28(2)   the law enforcement official is accompanied by a
29    representative of the area agency on aging.
30    (e)   Health and safety requirements.--
20250HB1611PN1925  - 42 -
1(1)   The area agency on aging shall take reasonable steps
2    to ensure that while the older adult is receiving services
3    under an emergency court order:
4(i)    the health and safety needs of the older adult's
5dependents are met; and
6(ii)    the personal property and dwelling of the older
7adult are secure.
8(2)   If a dependent of the older adult has health and
9    safety needs, the area agency on aging shall make a report as
10    follows:
11(i)    A report of suspected child abuse shall be made
12in accordance with 23 Pa.C.S. Ch. 63 (relating to child
13protective services).
14(ii)    A report of need for adult protective services
15shall be made in accordance with the act of October 7,
162010 (P.L.484, No.70), known as the Adult Protective
17Services Act.
18 Section 405-A.        Confidentiality of records.
19    (a)   Requirement.--
20(1)   Information contained in a report, record of
21    investigation, assessment and service plan created under this
22    chapter shall be considered privileged and confidential and
23    shall be maintained in accordance with regulations
24    promulgated by the department.
25(2)   The department or the area agency on aging may not
26    release confidential information related to the older adult
27    except by court order or to a law enforcement official or
28    coroner under subsection (b)(2), and the confidential
29    information may be used by the department in a civil
30    proceeding, subject to a protective order.
20250HB1611PN1925  - 43 -
1(3)   Information contained in a protective service record
2  is subject to other Federal and State privacy and
3  confidentiality laws.
4  (b)   Release of protective services records.--
5(1)   A protective services record may be provided to a
6  court of competent jurisdiction or to another party pursuant
7  to a court order.
8(2)   A protective services record may be provided to a
9  law enforcement official or coroner if the information is
10  relevant to the official's or coroner's investigation of
11  abuse or death of the older adult. The protective services
12  record is not subject to inspection and duplication under the
13  act of February 14, 2008 (P.L.6, No.3), known as the Right-
14  to-Know Law.
15(3)   In arranging specific services to carry out a
16  service plan, the area agency on aging may disclose
17  information to an appropriate service provider as may be
18  necessary for the provision of services.
19(4)   The older adult who is the subject of a report or,
20  if the guardian is not named as an abuser in the report, the
21  older adult's guardian, may receive, upon written request, a
22  summary of the report of need except information that would
23  identify the individual who made a report of suspected abuse
24  or any person that cooperated in a subsequent investigation.
25(5)   A mandatory reporter who makes a report of suspected
26  abuse may receive, upon written request, confirmation from
27  the area agency on aging that the report was received and the
28  area agency on aging is acting in accordance with this
29  chapter. No additional information beyond the confirmation
30  shall be provided under this paragraph.
20250HB1611PN1925  - 44 -
1(6)    For purposes of monitoring area agency on aging
2  performance or conducting other official duties, appropriate
3  staff of the department, as designated by the secretary, may
4  access protective services records.
5(7)    The department or the area agency on aging may
6  collaborate or share information included in protective
7  services records with Commonwealth agencies for purposes of
8  official Commonwealth business, to the extent permitted by
9  law.
10(8)    For purposes of coordination and continuity of
11  service delivery, the department and the Department of Human
12  Services shall each exchange protective services records,
13  including assessments, service plans, reports of need and
14  medical records of the following:
15(i)    Older adults in need of protective services.
16(ii)    Older adults in potential need of protective
17services.
18(iii)    Adults in need of protective services as
19defined under the      act of October 7, 2010 (P.L.484,
20No.70), known as the Adult Protective Services Act.
21(iv)    Adults who are potentially in need of
22protective services under the Adult Protective Services
23Act.
24(9)    The department or the area agency on aging may share
25  a summary of protective services information with another
26  area agency on aging performing a duty under this chapter
27  relevant to older adults within the area agency on aging's
28  jurisdiction.
29(10)    An employee of an agency of another state who
30  performs older adult protective services similar to those
20250HB1611PN1925  - 45 -
1    under this chapter may access a summary of protective
2    services information relevant to an older adult within the
3    area agency on aging's jurisdiction.
4(11)    A protective services record of an older adult may
5    be provided to a health care provider that is examining or
6    treating the older adult and suspects the older adult is in
7    need of protection under this chapter.
8(12)    A protective services record of an older adult may
9    be provided to the director, or an individual specifically
10    designated in writing by the director, of a hospital or other
11    medical institution where an older adult is being treated if
12    the director or designee suspects that the recipient is in
13    need of protection under this act.
14(13)    Unless prohibited by Federal law, a protective
15    services record relating to financial exploitation may be
16    provided to a financial institution or fiduciary as necessary
17    to exercise the authority to prohibit disbursement of funds
18    and financial transactions provided under section 603-A.
19    (c)   Definition.--For purposes of this section, "court order"
20 does not include a subpoena.
21 Section 406-A.      Older adult fatality review team and written
22report.
23    (a)   Convening of team.--
24(1)    An older adult fatality review team shall be
25    convened by an area agency on aging in accordance with a
26    protocol developed by the area agency on aging, the
27    department and the district attorney for a case in which an
28    older adult dies as a direct result of suspected or
29    substantiated abuse during an active protective services
30    case.
20250HB1611PN1925  - 46 -
1      (2)   The team may convene after the area agency on aging
2  makes a determination of a direct connection between an older
3  adult's death and suspected or substantiated abuse, and shall
4  convene no later than 30 days from the receipt of the oral
5  report to the department of the suspected or substantiated
6  abuse of an older adult.
7      (3)   The area agency on aging in the county where the
8  abuse occurred and in any county where the older adult
9  resided within the six months preceding the fatality shall
10  convene an older adult fatality review team.
11      (4)   An area agency on aging may establish an independent
12  older adult fatality review team or jointly with other area
13  agencies on aging. If a joint area agency on aging older
14  adult fatality review team is established, the multicounty
15  team members shall execute an agreement between participating
16  counties regarding team membership, staffing and operations.
17      (5)   A fatality review team shall be multidisciplinary
18  and culturally diverse and include professionals and
19  representatives from organizations that provide services or
20  community resources for older adults in the community served
21  by the fatality review team. A team shall consist of at least
22  six individuals who are broadly representative of the county
23  where the team is established and have expertise in
24  prevention and treatment of abuse of older adults.
25      (6)   With consideration given to the circumstances of
26  each case and availability of individuals to serve as
27  members, the team may consist of the following individuals:
28(i)    A staff person from the area agency on aging.
29(ii)   A member of the advisory committee or board of
30      the area agency on aging.
20250HB1611PN1925  - 47 -
1(iii)     A health care professional who is licensed to
2      practice in this Commonwealth.
3(iv)     A representative of the Pennsylvania Council on
4      Aging.
5(v)     A representative of law enforcement or the
6      district attorney.
7(vi)     An attorney-at-law trained in legal
8      representation of older adults who is licensed to
9      practice in this Commonwealth.
10(vii)     A mental health professional who is licensed
11      to practice in this Commonwealth.
12(viii)     A representative of an entity specializing in
13      older adult advocacy that provides services to older
14      adults in the county. The individual under this
15      subparagraph must not be an employee of the area agency
16      on aging.
17(ix)     The county coroner, medical examiner or
18      forensic pathologist who is licensed to practice in this
19      Commonwealth.
20(x)     A representative of a local domestic violence
21      program.
22(xi)     A representative of a local drug and alcohol
23      program.
24(xii)     An individual representing caregivers.
25(xiii)     Any individual who the area agency on aging
26      or older adult fatality review team determines is
27      necessary to assist the team in performing its duties.
28      (7)   Members of the team shall be responsible for all of
29  the following:
30(i)     Maintaining confidentiality of information under
20250HB1611PN1925  - 48 -
1section 405-A.
2(ii)    Providing and discussing relevant case-specific
3information.
4(iii)    Attending and participating in all meetings
5and activities as required.
6(iv)    Assisting in the development of the report
7under paragraph (4)(v).
8(8)   The area agency on aging, in accordance with the
9  protocol and in consultation with the team, shall appoint an
10  individual who is not an employee of the area agency on aging
11  to serve as chairperson of the team.
12(9)   The team shall perform the following duties:
13(i)     Review the circumstances of the older adult's
14fatality resulting from suspected or substantiated abuse.
15(ii)    Review the delivery of services provided to the
16abused older adult by the area agency on aging and review
17any services provided by an area agency on aging in each
18county where the older adult resided or received services
19within the six months preceding the fatality. This
20subparagraph includes law enforcement, mental health
21services, programs for older adults and older adults with
22special needs, drug and alcohol programs, senior centers
23and health care providers.
24(iii)    Review relevant court records and documents
25related to the abused older adult.
26(iv)    Review the area agency on aging's compliance
27with statutes and regulations and with relevant policies
28and procedures of the area agency on aging.
29  (b)   Submission of report.--
30(1)   Not later than 90 days after convening, submit a
20250HB1611PN1925  - 49 -
1  final written report on the older adult fatality to the
2  department and designated county officials under subsection
3  (e).
4(2)   Not later than 30 days after submission of the
5  report to the department, the area agency on aging shall make
6  the report available, upon request, to other individuals to
7  whom confidential reports may be released, as specified by
8  subsection (e).
9(3)   The area agency on aging shall make available to the
10  public a summary of the report, but shall remove identifying
11  information from the contents of the report.
12(4)   The area agency on aging may not release the report
13  under paragraph (3) to the public if the district attorney
14  certifies that release of the report may compromise a pending
15  criminal investigation or proceeding. Certification by the
16  district attorney shall stay the release of the report for a
17  period of 60 days, at which time the report shall be released
18  unless a new certification is made by the district attorney.
19(5)   The report under this subsection shall include:
20(i)     Any deficiency and strength in:
21(A)   compliance with statutes and regulations;
22and
23(B)   protective services to older adults.
24(ii)     Any recommendation to improve protective
25services systems and community resources to reduce older
26adult abuse and related fatalities in the fatality review
27team's jurisdiction.
28(iii)     Any proposed solution for inadequacies in the
29protective services systems.
30(iv)     Any recommendation to improve sources of
20250HB1611PN1925  - 50 -
1information regarding the reporting and investigations of
2reported older adult abuse cases including standards for
3the uniform and consistent reporting and investigations
4by law enforcement or other emergency service responders
5within the fatality review team's jurisdiction.
6(v)   Any recommendation for improvements to State
7laws and local partnerships, policies and practices to
8prevent older adult abuse and related deaths.
9  (c)   Response by department.--
10(1)   Not later than 45 days after receipt of a report of
11  an older adult fatality under subsection (a), the department
12  shall review the findings and recommendations of the report
13  and provide a written response to the area agency on aging
14  and the older adult fatality review team.
15(2)   The department shall make the response, upon
16  request, available to other individuals to whom confidential
17  reports may be released, as specified by subsection (e).
18(3)   A summary of the response shall be made available to
19  the public, but the department shall remove identifying
20  information from the contents of the response. The department
21  may not release the response to the public if the district
22  attorney certifies that release of the response may
23  compromise a pending criminal investigation or proceeding.
24  Certification by the district attorney shall stay the release
25  of the report for a period of 60 days, at which time the
26  report shall be released, unless a new certification is made
27  by the district attorney.
28  (d)   Construction.--
29(1)   This section shall be construed to assist in the
30  improvement of protective services designed to identify and
20250HB1611PN1925  - 51 -
1  prevent older adult abuse.
2(2)   This section shall not be construed to impede or
3  interfere with criminal prosecutions of persons who have
4  committed older adult abuse.
5  (e)   Release of information in confidential reports.--
6(1)   A report specified in this section shall only be
7  made available to:
8(i)     An authorized official of a county, of a Federal
9agency that has a need for the information to carry out
10its duties under law to protect older adults, from abuse
11or of an agency of another state that performs protective
12services analogous to the services performed by area
13agencies on aging or the department in the course of the
14official's duties, a multidisciplinary team member
15assigned to the case and any duly authorized person
16providing services under this act.
17(ii)    An authorized official or agent of the
18department in accordance with department regulations or
19in accordance with the conduct of a performance
20monitoring under this act.
21(iii)    A court of competent jurisdiction.
22(iv)    A person pursuant to court order or subpoena.
23(v)     A law enforcement agency or a law enforcement
24official of a jurisdiction, in the course of performing
25an official duty, as long as the information is relevant
26to performance of the duty.
27(vi)    A standing committee of the General Assembly
28that specifically has department legislative oversight.
29(vii)    A Federal auditor if required for Federal
30financial participation in funding of an agency, except
20250HB1611PN1925  - 52 -
1      that a Federal auditor may not remove an identifiable
2      report or copy of the report from the department or area
3      agency on aging.
4(viii)       A designated county official, in reviewing
5      the competence of the area agency on aging or its
6      employees under this act. An official under this
7      paragraph is limited to the following:
8(A)    The board of commissioners of a county other
9than a county of the first class.
10(B)    The board of directors of a nonprofit area
11agency on aging.
12(ix)     An appropriate official of another county or
13      state regarding an investigation related to older adult
14      abuse when an older adult had moved to the other county
15      or state. A report released under this subparagraph shall
16      include a general protective service report and related
17      information. The report and information shall be provided
18      within seven calendar days. The department shall
19      promulgate regulations as necessary to carry out the
20      purposes of this subparagraph.
21(x)    A member of an older adult fatality review team
22      under this section.
23(xi)     The Department of the Auditor General in
24      conjunction with the performances of the duties
25      designated to the Office of Auditor General, except that
26      the Auditor General may not remove an identifiable report
27      or copy of the report from the department or agency area
28      agency on aging.
29      (2)   Upon a written request, the estate of the subject of
30  a report may receive a copy of all information, except for
20250HB1611PN1925  - 53 -
1    information prohibited from disclosure under section 307-A.
2(3)   Subject to section 506-A, a person under this
3    section that has access to the information shall treat all
4    reporting sources as confidential informants.
5    (f)     Duties of department.--The department, in consultation
6 with State or local government agencies, shall have all of the
7 following duties:
8(1)   Provide necessary technical assistance to a fatality
9    review team.
10(2)   Promulgate regulations as necessary to implement
11    this section.
12(3)   Submit an annual report to the Governor and the
13    General Assembly that includes a summary of reports received
14    from each area agency on aging's fatality review teams and
15    recommendations relating to the reduction of risk of older
16    adult abuse and related deaths.
17    (g)     Authority to access records.--To the extent permitted by
18 Federal law, a fatality review team may access records as
19 follows:
20(1)   Notwithstanding any other provision of law and
21    consistent with the Health Insurance Portability and
22    Accountability Act of 1996 (Public Law 104-191, 110 Stat.
23    1936), the Department of Health shall provide the records of
24    a deceased individual under review without the need for
25    authorization of any person, including the executor,
26    administrator or personal representative of the deceased
27    individual for purposes of review under this section.
28(2)   Notwithstanding any other provision of law and
29    consistent with the Health Insurance Portability and
30    Accountability Act of 1996, the team may review and inspect
20250HB1611PN1925  - 54 -
1  mental health care service files and records of a deceased
2  individual under review without the need for authorization of
3  any person, including the executor, administrator or personal
4  representative of the deceased individual for purposes of
5  review under this section.
6(3)   Notwithstanding any other provision of law and
7  consistent with the Health Insurance Portability and
8  Accountability Act of 1996, a health care facility and health
9  care provider, pharmacy and mental health care provider shall
10  provide medical records of a deceased individual under review
11  without the need for authorization of any person, including
12  the executor, administrator or personal representative of the
13  deceased individual for purposes of review under this
14  section.
15(4)   If deemed necessary for its review, the team may
16  petition the court for leave to review and inspect all files
17  and records of the court relating to a deceased individual
18  under review in accordance with 42 Pa.C.S. § 6307 (relating
19  to inspection of court files and records).
20(5)   Other records pertaining to the deceased under
21  review for the purposes of this section shall be open to
22  inspection and duplication as permitted by law.
23  (h)   Requests for records.--
24(1)   The following shall be provided, to the extent
25  permitted by Federal law, to a fatality review team on
26  written request of the chairperson or designee of a fatality
27  review team:
28(i)   A record regarding the physical health and
29mental health, maintained by a health care provider,
30hospital or health system, for a deceased individual
20250HB1611PN1925  - 55 -
1      under review by the fatality review team.
2(ii)    A record maintained by a State or local
3      government agency or entity, including death
4      investigative information, medical examiner investigative
5      information, law enforcement investigative information,
6      emergency medical services report, fire department
7      record, prosecutorial record, parole and probation
8      information and record, court record and relevant
9      information and record of a social services agency,
10      including the Department of Human Services, if the agency
11      or entity previously provided services to a deceased
12      individual under review by the fatality review team.
13(iii)    The following persons and entities shall
14      comply with a records request by a fatality review team
15      made under this subsection:
16(A)   Coroner or medical examiner.
17(B)   Fire department.
18(C)   Health system.
19(D)   Hospital.
20(E)   Law enforcement agency.
21(F)   State or local governmental agency,
22including the department, the Department of Health,
23Department of Human Services and the Department of
24Corrections.
25(G)   Mental health provider.
26(H)   Health care provider.
27(I)   Substance use disorder treatment provider.
28(J)   EMS provider.
29(K)   Social services provider.
30(L)   Any other person or entity in possession of
20250HB1611PN1925  - 56 -
1a record pertinent to the fatality review team
2investigation of an older adult's death.
3      (2)   A person or entity subject to a records request by a
4  fatality review team under subsection (a) may charge the
5  fatality review team a reasonable fee for the service of
6  duplicating any record requested by the fatality review team
7  for which duplication is required.
8      (3)   If requested in writing by the chairperson or
9  designee of the fatality review team, a person or entity
10  shall provide information within five business days of
11  receipt of the written request, excluding weekends and
12  holidays, unless an extension is granted by the chairperson
13  or designee. For purposes of this paragraph, a written
14  request includes a request submitted via email or any other
15  type of transmission.
16      (4)   A fatality review team shall not need an
17  administrative subpoena or other form of legal compulsion to
18  receive requested records under this section. This paragraph
19  shall not be construed to impair any power or duty the
20  fatality review team has to obtain an administrative subpoena
21  or other form of legal compulsion.
22      (5)   Information received in response to a request under
23  this section may be shared at a fatality review team meeting
24  in accordance with this section.
25      (6)   A record may not be released during the pendency of
26  an investigation if the release of the record would hinder
27  the progress of an active investigation or criminal
28  proceeding.
29      (7)   This subsection shall apply to the extent permitted
30  by Federal law.
20250HB1611PN1925  - 57 -
1    (i)   Confidentiality of fatality review team records and
2 meetings.--
3(1)   A fatality review team meeting shall be closed to
4    the public and information discussed at the meeting shall be
5    confidential.
6(2)   The proceedings, records and information maintained
7    by and shared with a fatality review team are not subject to:
8(i)    Inspection and duplication under the act of
9February 14, 2008 (P.L.6, No.3), known as the Right-
10to-Know Law.
11(ii)    Discovery, subpoena or introduction into
12evidence in a criminal or civil proceeding.
13(3)   Information presented in or an opinion formed as a
14    result of a meeting of a fatality review team may not be
15    subject to subpoena or discovery or admissible in evidence in
16    a civil or criminal action.
17(4)   Nothing in this subsection shall be construed to
18    prevent a member of a fatality review team from testifying in
19    a criminal or civil proceeding to information obtained
20    independently of participation in the fatality review team or
21    to information which is publicly available.
22    (j)   Criminal and civil liability protections.
23(1)   An individual who is not a member of a fatality
24    review team may, in good faith, provide information to a
25    fatality review team for the purposes of this section. A
26    member of a fatality review team may discuss confidential
27    matters during a meeting of the fatality review team. The
28    following shall apply:
29(i)   A member of a fatality review team shall comply
30with applicable Federal and State laws regarding
20250HB1611PN1925  - 58 -
1confidentiality.
2(ii)    Except as provided under paragraph (2), a
3member of a fatality review team or an individual who, in
4good faith, provides information to a fatality review
5team may not be disciplined, criminally prosecuted or
6held administratively or civilly liable for complying
7with this section.
8(2)   The immunity specified under this subsection does
9    not apply to a member of a fatality review team or an
10    individual providing information to a fatality review team by
11    invitation who:
12(i)    rediscloses confidential information in a manner
13not in accordance with Federal or State law; or
14(ii)    discloses confidential information to the
15fatality review team with malice, in bad faith or in a
16negligent manner.
17    Section 6.        Chapter 5 of the act is repealed:
18[CHAPTER 5
19CRIMINAL HISTORY FOR EMPLOYEES
20 Section 501.     Definitions.
21    The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24    "Applicant."        An individual who submits an application, which
25 is being considered for employment, to a facility.
26    "State Police."        The Pennsylvania State Police.
27 Section 502.     Information relating to prospective facility
28personnel.
29    (a)   General rule.--A facility shall require all applicants
30 to submit with their applications, and shall require all
20250HB1611PN1925  - 59 -
1 administrators and any operators who have or may have direct
2 contact with a recipient to submit, the following information
3 obtained within the preceding one-year period:
4(1)   Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
5    history record information), a report of criminal history
6    record information from the State Police or a statement from
7    the State Police that their central repository contains no
8    such information relating to that person. The criminal
9    history record information shall be limited to that which is
10    disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
11    general regulations).
12(2)   Where the applicant is not and for the two years
13    immediately preceding the date of application has not been a
14    resident of this Commonwealth, administration shall require
15    the applicant to submit with the application for employment a
16    report of Federal criminal history record information
17    pursuant to the Federal Bureau of Investigation's
18    appropriation under the Departments of State, Justice, and
19    Commerce, the Judiciary, and Related Agencies Appropriation
20    Act, 1973 (Public Law 92-544, 86 Stat. 1109). The department
21    shall be the intermediary for the purposes of this paragraph.
22    For the purposes of this paragraph, the applicant shall
23    submit a full set of fingerprints in a manner prescribed by
24    the department. The Commonwealth shall submit the
25    fingerprints to the Federal Bureau of Investigation for a
26    national criminal history record check. The information
27    obtained from the criminal record check shall be used by the
28    department to determine the applicant's eligibility. The
29    determination shall be submitted to the administrator by the
30    applicant prior to commencing employment. The administrator
20250HB1611PN1925  - 60 -
1    shall insure confidentiality of the information. The
2    provisions of 18 Pa.C.S. § 9121(b)(2) shall not apply if the
3    request for a report of Federal criminal history record
4    information is made pursuant to this section.
5    (b)   (Reserved).
6 Section 503.     Grounds for denying employment.
7    (a)   General rule.--In no case shall a facility hire an
8 applicant or retain an employee required to submit information
9 pursuant to section 502(a) if the applicant's or employee's
10 criminal history record information indicates the applicant or
11 employee has been convicted of any of the following offenses:
12(1)   An offense designated as a felony under the act of
13    April 14, 1972 (P.L.233, No.64), known as The Controlled
14    Substance, Drug, Device and Cosmetic Act.
15(2)   An offense under one or more of the following
16    provisions of 18 Pa.C.S. (relating to crimes and offenses):
17Chapter 25 (relating to criminal homicide).
18Section 2702 (relating to aggravated assault).
19Section 2901 (relating to kidnapping).
20Section 2902 (relating to unlawful restraint).
21Section 3121 (relating to rape).
22Section 3122.1 (relating to statutory sexual
23assault).
24Section 3123 (relating to involuntary deviate sexual
25intercourse).
26Section 3124.1 (relating to sexual assault).
27Section 3125 (relating to aggravated indecent
28assault).
29Section 3126 (relating to indecent assault).
30Section 3127 (relating to indecent exposure).
20250HB1611PN1925  - 61 -
1Section 3301 (relating to arson and related
2offenses).
3Section 3502 (relating to burglary).
4Section 3701 (relating to robbery).
5A felony offense under Chapter 39 (relating to theft
6and related offenses) or two or more misdemeanors under
7Chapter 39.
8Section 4101 (relating to forgery).
9Section 4114 (relating to securing execution of
10documents by deception).
11Section 4302 (relating to incest).
12Section 4303 (relating to concealing death of child).
13Section 4304 (relating to endangering welfare of
14children).
15Section 4305 (relating to dealing in infant
16children).
17Section 4952 (relating to intimidation of witnesses
18or victims).
19Section 4953 (relating to retaliation against witness
20or victim).
21A felony offense under section 5902(b) (relating to
22prostitution and related offenses).
23Section 5903(c) or (d) (relating to obscene and other
24sexual materials and performances).
25Section 6301 (relating to corruption of minors).
26Section 6312 (relating to sexual abuse of children).
27(3)   A Federal or out-of-State offense similar in nature
28    to those crimes listed in paragraphs (1) and (2).
29    (c)   Immunity.--An administrator or a facility shall not be
30 held civilly liable for any action directly related to good
20250HB1611PN1925  - 62 -
1 faith compliance with this section.
2 Section 504.    Regulations.
3    The department, in consultation with the Department of Health
4 and the Department of Public Welfare, shall promulgate the
5 regulations necessary to carry out this chapter.
6 Section 505.    Violations.
7    (a)   Administrative.--
8(1)   An administrator who intentionally or willfully
9    fails to comply or obstructs compliance with the provisions
10    of this chapter commits a violation of this chapter and shall
11    be subject to an administrative penalty under paragraph (3).
12(2)   A facility owner that intentionally or willfully
13    fails to comply with or obstructs compliance with this
14    chapter commits a violation of this chapter and shall be
15    subject to an administrative penalty under paragraph (3).
16(3)   The Commonwealth agency or Commonwealth agencies
17    which license the facility have jurisdiction to determine
18    violations of this chapter and may issue an order assessing a
19    civil penalty of not more than $2,500. An order under this
20    paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
21    practice and procedure of Commonwealth agencies) and Ch. 7
22    Subch. A (relating to judicial review of Commonwealth agency
23    action).
24    (b)   Criminal.--
25(1)   An administrator who intentionally or willfully
26    fails to comply or obstructs compliance with this chapter
27    commits a misdemeanor of the third degree and shall, upon
28    conviction, be sentenced to pay a fine of $2,500 or to
29    imprisonment for not more than one year, or both.
30(2)   A facility owner that intentionally or willfully
20250HB1611PN1925  - 63 -
1    fails to comply with or obstructs compliance with this
2    chapter commits a misdemeanor of the third degree and shall,
3    upon conviction, be sentenced to pay a fine of $2,500 or to
4    imprisonment for not more than one year, or both.
5 Section 506.    Provisional employees for limited periods.
6    Notwithstanding section 502, administrators may employ
7 applicants on a provisional basis for a single period not to
8 exceed 30 days or, for applicants under section 502(a)(2), a
9 period of 90 days, if all of the following conditions are met:
10(1)     The applicant has applied for the information
11    required under section 502 and the applicant provides a copy
12    of the appropriate completed request forms to the
13    administrator.
14(2)     The administrator has no knowledge of information
15    pertaining to the applicant which would disqualify him from
16    employment pursuant to section 503, subject to 18 Pa.C.S. §
17    4911 (relating to tampering with public records or
18    information).
19(3)     The applicant swears or affirms in writing that he
20    is not disqualified from employment under section 503.
21(4)     If the information obtained under section 502
22    reveals that the applicant is disqualified from employment
23    under section 503, the applicant shall be immediately
24    dismissed by the administrator.
25(5)     The department shall develop guidelines regarding
26    the supervision of applicants. For a home health care agency,
27    supervision shall include random direct supervision by an
28    employee who has been employed by the facility for a period
29    of one year.
30 Section 507.    State Police.
20250HB1611PN1925  - 64 -
1    No later than one year following the effective date of this
2 chapter, the State Police and the department shall report to the
3 Aging and Youth Committee of the Senate and the Aging and Youth
4 Committee of the House of Representatives with their findings
5 and recommendations regarding the implementation of this
6 chapter.
7 Section 508.    Applicability.
8    This chapter shall apply as follows:
9(1)     An individual who, on the effective date of this
10    chapter, has continuously for a period of one year been an
11    employee of the same facility shall be exempt from section
12    502 as a condition of continued employment.
13(2)     If an employee is not exempt under paragraph (1),
14    the employee and the facility shall comply with section 502
15    within one year of the effective date of this chapter.
16(3)     If an employee who is exempt under paragraph (1)
17    seeks employment with a different facility, the employee and
18    the facility shall comply with section 502.
19(4)     An employee who has obtained the information
20    required under section 502 may transfer to another facility
21    established and supervised by the same owner and is not
22    required to obtain additional reports before making the
23    transfer.]
24    Section 7.    The act is amended by adding chapters to read:
25CHAPTER 5-A
26REPORTING
27 Section 501-A.    Voluntary reporting.
28    A person who knows or has reasonable cause to believe that an
29 older adult may be a victim of abuse may make an oral or
30 electronic report to an area agency on aging.
20250HB1611PN1925  - 65 -
1 Section 502-A.     Mandatory reporting.
2    (a)   Duty.--A mandatory reporter who knows or has reasonable
3 cause to suspect that an older adult may be a victim of abuse
4 shall:
5(1)   Immediately make an oral or electronic report to the
6    area agency on aging in accordance with the department's
7    process and procedures.
8(2)   Complete a written mandatory abuse report under
9    section 504-A to the area agency on aging within 48 hours in
10    accordance with the department's process and procedures.
11    (b)   Assistance.--A mandatory reporter employee may request
12 assistance from the employee's administrator to complete a
13 written mandatory abuse report.
14 Section 503-A.     Mandatory reporting to law enforcement officials
15and department.
16    (a)   Duty.--In addition to the reports to the area agency on
17 aging under section 502-A, a mandatory reporter who knows or has
18 reasonable cause to believe that an older adult may be a victim
19 of suspicious death, serious bodily injury, serious injury; or
20 rape, involuntary deviate sexual intercourse, sexual assault,
21 institutional sexual assault, statutory sexual assault,
22 aggravated indecent assault, indecent assault or incest as
23 defined by 18 Pa.C.S. (relating to crimes and offenses), shall:
24(1)   Immediately contact law enforcement officials and
25    the department to make an oral report.
26(2)   Make a written mandatory abuse report to law
27    enforcement officials within 48 hours.
28    (b)   Duty of area agency on aging.--The area agency on aging
29 shall make a written mandatory abuse report under section 504-A
30 to the department within 48 hours in accordance with the
20250HB1611PN1925  - 66 -
1 department's process and procedures.
2 Section 504-A.   Contents of report.
3    A written mandatory abuse report under this chapter shall be
4 prepared in a manner and on forms prescribed by the department.
5 At a minimum, the written mandatory abuse report shall include
6 the following information, as well as additional information
7 required by regulation:
8(1)   Name, age, sex and address of the older adult.
9(2)   Name and address of the older adult's legal
10    representative or next of kin.
11(3)   Name and address of the facility, if applicable.
12(4)   Nature and location of the reported incident and any
13    specific comment or observation directly related to the
14    alleged incident and the older adult involved.
15(5)   Any relevant information related to the identity of
16    the alleged abuser, including, name, age, sex and
17    relationship to the older adult.
18(6)   Name of the individual making the written mandatory
19    abuse report, contact information for the reporter and
20    information regarding any action taken by the reporter in
21    response to the incident, except as provided in section 506-
22    A(b).
23 Section 505-A.   Coroner.
24    If there is reasonable cause to suspect that an older adult
25 died as a result of abuse, including a death within a coroner's
26 jurisdiction under 16 Pa.C.S. Ch. 139 (relating to coroner), an
27 area agency on aging shall give an oral or electronic report and
28 forward a copy of the written mandatory abuse report as provided
29 in section 504-A to the appropriate coroner within 24 hours. The
30 coroner shall maintain the confidentiality of the written
20250HB1611PN1925  - 67 -
1 mandatory abuse report.
2 Section 506-A.     Protecting identity of reporter and cooperating
3witnesses.
4    (a)   Prohibition.--Except for disclosures to law enforcement
5 officials and coroners, the release of records that would
6 identify a person who made a report under this chapter or a
7 person that cooperated in a subsequent investigation is
8 prohibited and the records are exempt from inspection and
9 duplication under the act of February 14, 2008 (P.L.6, No.3),
10 known as the Right-to-Know Law.
11    (b)   Identity protection.--If a record is provided pursuant
12 to a court order, the identity of the reporter and cooperating
13 witnesses shall be deleted unless otherwise ordered by the court
14 after an in camera review.
15CHAPTER 6-A
16FINANCIAL INSTITUTIONS
17 Section 601-A.     (Reserved).
18 Section 602-A.     Reporting suspected financial exploitation.
19    (a)   Report to designated representative.--If a financial
20 institution employee has reason to believe that financial
21 exploitation of an older adult may have occurred, may have been
22 attempted or is being attempted, the financial institution
23 employee shall, within the same business day, promptly report to
24 a designated representative of the financial institution.
25    (b)   Review of report from financial institution employee and
26 further reporting.--
27(1)   No later than five business days after receipt of
28    the report from the financial institution employee, the
29    designated representative of the financial institution shall
30    evaluate the report.
20250HB1611PN1925  - 68 -
1(2)   If, upon review, the designated representative of
2    the financial institution concludes there is reasonable cause
3    to believe financial exploitation may have occurred, has been
4    attempted or is being attempted, the designated
5    representative of the financial institution shall immediately
6    report the information to an area agency on aging and a law
7    enforcement agency, who shall follow reporting protocols
8    specified by the department.
9(3)   A report made to an agency under this subsection
10    shall provide:
11(i)    The name, age and address of the older adult.
12(ii)    The name and address, if known, of the older
13adult's guardian, fiduciary or next of kin.
14(iii)    The name and address of the financial
15institution and contact information for the individual
16submitting the report.
17(iv)    The nature of the suspected financial
18exploitation of the older adult.
19(v)    Any specific comment, observation or other
20information directly related to the alleged incident, the
21older adult and suspected perpetrator of the financial
22exploitation the financial institution determines is
23needed to facilitate investigation of the report.
24(vi)    Whether a financial institution took an action
25authorized under section 603-A.
26    (c)   Construction.--Nothing in this section shall be
27 construed to prevent a designated representative of the
28 financial institution from voluntarily filing a report of need
29 for an older adult potentially in need of protective services.
30 Section 603-A.        Holding transactions.
20250HB1611PN1925  - 69 -
1    (a)   Authorization to financial institutions.--If a financial
2 institution or a financial institution employee has reasonable
3 cause to believe that financial exploitation of an older adult
4 may have occurred, may have been attempted or is being
5 attempted, the financial institution may take, subject to
6 subsection (c), any of the following actions to temporarily hold
7 a financial transaction pending an investigation:
8(1)   Hold or temporarily refuse one or more financial
9    transactions of the older adult.
10(2)   Hold the withdrawal or disbursement of money
11    contained in the older adult's account.
12(3)   Hold a change in ownership of the older adult's
13    account.
14(4)   Hold a transfer of money from the older adult's
15    account to an account owned wholly or partially by another
16    person.
17(5)   Hold complying with instructions given to the
18    financial institution by a person who is authorized to have
19    access to the older adult's account.
20(6)   Hold the designation or change the designation of
21    beneficiaries to receive any property, benefit, or contract
22    rights for an older adult at death.
23    (b) Duty to report.--If a financial institution takes action
24 under subsection (a), the financial institution shall file a
25 report under section 602-A no later than the next business day.
26    (c)   Conditions of holding a financial transaction.--
27 Authority to hold a financial transaction under subsection (a)
28 shall be as follows:
29(1)   Subject to paragraphs (2) and (3), the financial
30    transaction hold shall last for no longer than seven days
20250HB1611PN1925  - 70 -
1  after the date of the initial hold.
2(2)   The authority granted to a financial institution
3  under subsection (a) regarding holding financial transactions
4  may be extended beyond seven days for an additional 15
5  business days at the request of an area agency on aging, a
6  law enforcement agency or a legal representative of the older
7  adult, or if the financial institution has not received a
8  request to extend or terminate a hold from an area agency on
9  aging, a law enforcement official or a legal representative
10  of the older adult. A request by an area agency on aging, a
11  law enforcement agency or a legal representative of an older
12  adult to hold or authorize a financial transaction must be
13  based on cause and be documented in writing.
14(3)   A hold issued under subsection (a) may end sooner
15  than the period described in paragraph (1) or (2) if any of
16  the following applies:
17(i)    The financial institution has reasonable cause
18to believe the financial transaction will not result in
19the financial exploitation of an older adult.
20(ii)    The financial institution is instructed by a
21person who is authorized to have access to the older
22adult's account and is not suspected to be the
23perpetrator, an area agency on aging, law enforcement, or
24the department to cease its hold of a financial
25transaction or action taken under subsection (a).
26(iii)    The financial institution is ordered by a
27court of competent jurisdiction to cease the hold.
28  (d)   Notification.--
29(1)   Except as provided under Federal or State law, if a
30  financial institution takes an action authorized under
20250HB1611PN1925  - 71 -
1  subsection (a), the designated representative of the
2  financial institution shall have the following duties:
3(i)    Within one business day, notify the older adult
4      and any person authorized to transact business on the
5      account, except for a person reasonably believed to have
6      engaged in suspected or attempted financial exploitation
7      of the older adult.
8(ii)    Within five business days, notify any person
9      authorized by the older adult to receive notifications
10      regarding account activity, except for a person
11      reasonably believed to have engaged in suspected or
12      attempted financial exploitation of the older adult.
13      (2)   The notification under paragraph (1) shall:
14(i)    State the financial institution has temporarily
15      blocked the disbursement of money or held the execution
16      of a financial transaction as authorized by this section
17      to protect the older adult from financial exploitation.
18(ii)    Provide the name of the financial institution
19      and the telephone number or other contact information of
20      the financial institution for details about the action
21      taken under this section.
22(iii)    Identify the account or financial transaction
23      to which the notification applies.
24      (3)   Notifications required by this subsection may be
25  given:
26(i)     in writing;
27(ii)     in an electronic record in the manner
28      authorized by section 304 of the act of December 16, 1999
29      (P.L.971, No.69), known as the Electronic Transactions
30      Act; or
20250HB1611PN1925  - 72 -
1(iii)   orally, if a record of the oral communication
2is contemporaneously made and is retained by the
3financial institution.
4 Section 604-A.      Model training program.
5    The department, in consultation with the Department of
6 Banking and Securities and representatives of the financial
7 services industry, shall develop a model training program for
8 financial institution employees and designated representatives
9 of financial institutions regarding the identification of
10 activities that constitute financial exploitation of older
11 adults.
12 Section 605-A.      Assistance by a person who is authorized to have
13access to the older adult's account.
14    (a)    Authorization.--Notwithstanding any other provision of
15 law limiting or prohibiting disclosure, a designated
16 representative of a financial institution may provide
17 information relating to the account of an older adult to a
18 person authorized to access the older adult's account sufficient
19 to enable the person to:
20(1)   consult with or assist the older adult in avoiding
21    or remedying suspected financial exploitation; or
22(2)   exercise the person's authority to protect the older
23    adult.
24    (b)    Applicability.--Subsection (a) does not apply if the
25 financial institution has reason to believe the person is
26 knowingly engaged in or facilitating the financial exploitation
27 of the older adult.
28    (c)    Disclosure of information.--Except when contacting an
29 authorized contact provided by an older adult to a financial
30 institution, a fiduciary authorized to manage some or all of the
20250HB1611PN1925  - 73 -
1 financial affairs of the older adult or a co-owner, additional
2 authorized signatory or other person authorized to transact
3 business on the account of the older adult, a designated
4 representative of a financial institution:
5(1)   May disclose only that there is reasonable cause to
6    suspect that the older adult may be a victim or target of
7    financial exploitation and the nature of the suspected
8    financial exploitation.
9(2)   May not disclose other details or confidential
10    personal information regarding the financial affairs of the
11    older adult.
12 Section 606-A.       Access to records.
13    (a)   Authorization.--Notwithstanding section 306-A, a
14 financial institution that submitted a report to an area agency
15 on aging under section 602-A regarding the financial
16 exploitation or attempted financial exploitation of an older
17 adult may:
18(1)   Include in the report copies of records of financial
19    transactions that are relevant to the suspected financial
20    exploitation or attempted financial exploitation of the older
21    adult.
22(2)   Provide access to the records described under
23    paragraph (1) to the area agency on aging to which the report
24    is submitted.
25    (b)   Copies.--
26(1)   A financial institution shall:
27(i)   Upon written request of the area agency on aging
28or a law enforcement agency, provide, at no cost, access
29to or copies of records that are reasonably relevant to
30the suspected financial exploitation or attempted
20250HB1611PN1925  - 74 -
1financial exploitation of the older adult to an area
2agency on aging, a law enforcement agency or the
3department, for the purpose of performing an
4investigation of the suspected financial exploitation or
5attempted financial exploitation.
6(ii)    In response to a request for records under this
7section, provide access to or copies of records under
8this section within two business days. Records under this
9section may include records regarding the most recent
10financial transaction or other prior financial
11transactions that may constitute financial exploitation,
12not to exceed 60 calendar days prior to the first
13financial transaction that was reported or 60 calendar
14days after the last financial transaction that was
15reported, whichever is earlier.
16(2)   Records under this section may also include, or may
17  be subsequently supplemented by, records of the older adult
18  that a financial institution believes, upon consultation with
19  an area agency on aging, are needed to provide protective
20  services to the older adult.
21  (c)    Confidentiality.--
22(1) Information and records submitted by a financial
23  institution to an area agency on aging, the department or a
24  law enforcement agency shall be privileged and given
25  confidential treatment and:
26(i)     Shall not be subject to discovery or admissible
27as evidence in a private civil action.
28(ii)    Shall not be subject to subpoena.
29(iii)    Shall be exempt from access under the act of
30February 14, 2008 (P.L.6, No.3), known as the Right-to-
20250HB1611PN1925  - 75 -
1Know Law.
2(iv)   Except as provided in paragraph (3), shall not
3be made public by the any person without the prior
4written consent of the financial institution.
5(2)   An employee of an area agency on aging, the
6  department, a law enforcement agency, or any other person who
7  receives information under chapter while acting under the
8  authority of the area agency on aging, the department, a law
9  enforcement agency or a person with whom the information is
10  shared under this chapter may not testify in a private civil
11  action concerning confidential information in the
12  transparency report.
13(3)   To assist in the performance of duties, an area
14  agency on aging, the department or a law enforcement agency
15  may:
16(i)    Use information submitted under this section in
17furtherance of a administrative or legal action brought
18under this act or the laws of this Commonwealth.
19(ii)   Share information submitted under this section
20with other government agencies or law enforcement
21officials of this Commonwealth or other jurisdictions and
22third-party consultants if, prior to receiving the
23reports from a financial institution under this chapter,
24the recipient demonstrates by written statement the
25necessary authority and intent to give confidential
26treatment to the information as required by this section.
27(4)   Sharing of information by a financial institution
28  under this section with, to or by an area agency on aging,
29  the department or a law enforcement agency as authorized by
30  this chapter does not constitute a waiver of any applicable
20250HB1611PN1925  - 76 -
1    privilege or claim of confidentiality.
2    (d)   Disclosures regarding investigations.--Notwithstanding
3 the requirements of section 306-A, an area agency on aging may
4 disclose and discuss with a financial institution reports of the
5 financial exploitation of an older adult and the results of the
6 investigation of reports to the extent reasonably necessary to
7 facilitate the financial institution's authority under section
8 602-A(b) to:
9(1)   hold a financial transaction;
10(2)   consult with a person authorized to have access to
11    the older adult's account under section 602-A(c); or
12(3)   produce records requested under section 603-A.
13 Section 607-A.        Annual Reporting on Financial Exploitation.
14    No later than six months following the effective date of this
15 subsection and by December 31 thereafter, a financial
16 institution shall submit information to the department, which
17 shall be included in the department's older adult protective
18 services annual report. Information reported by a financial
19 institution under this section shall include the following:
20(1)   The number of reports made by the financial
21    institution under section 603-A including:
22(i)    The number of occasions in which the financial
23institution was contacted as part of an investigation of
24potential financial exploitation by an area agency on
25aging or law enforcement agency resulting from a report
26made by the financial institution.
27(ii)    The average time in between the financial
28institution making a report under section 602-A and the
29first contact by an area agency on aging or law
30enforcement agency.
20250HB1611PN1925  - 77 -
1(2)    The total number, dollar value and types of
2    financial transaction held by the financial institution under
3    section 602-A(b) during the preceding 12 months. This shall
4    include:
5(i)    Each category of transaction.
6(ii)    The number and dollar value of the transactions
7that were confirmed after investigation to represent
8financial exploitation or attempted financial
9exploitation.
10(iii)    The number and dollar value of the
11transactions that were confirmed after investigation to
12not represent financial exploitation or attempted
13financial exploitation.
14(iv)    The number and categories of transactions in
15which an extension was requested in accordance with
16section 603-A(c).
17(v)     The number and value of transactions that were
18released in seven business days or less.
19 Section 608-A.       Estate planning by affidavit.
20    A financial institution may rely on an affidavit executed by
21 an attorney for an older adult, or certification or legal
22 opinion by an attorney acting as an agent for an older adult as
23 provided under 20 Pa.C.S. § 5608 (relating to acceptance of and
24 reliance upon power of attorney), as conclusive proof that a
25 transaction does not represent financial exploitation if the
26 following apply:
27(1)    The affidavit states that the transaction in
28    question is for the purpose of establishing, implementing or
29    continuing an estate plan intended to reduce taxes or to
30    qualify the older adult or the spouse of the older adult for
20250HB1611PN1925  - 78 -
1    public or private benefits.
2(2)   The attorney, as part of estate planning under this
3    section, furnishes the affidavit to a designated
4    representative of the financial institution relying upon the
5    affidavit on demand.
6 Section 609-A.    Penalties.
7    (a)   Failure to report.--If a designated representative of a
8 financial institution willfully or intentionally fails to file a
9 report required under section 603-A, the financial institution
10 shall be subject to a penalty levied by the department, which
11 shall not be less than $500 nor exceed $2,500.
12    (b)   Additional penalties.--A designated representative of
13 the financial institution or officer of a financial institution
14 who willfully or intentionally aids in the financial
15 exploitation of an older adult or commits retaliatory actions
16 against a designated representative or other employee of the
17 financial institution because of an attempt to comply with this
18 chapter shall be subject to criminal and civil penalties under
19 section 801-A, along with any other applicable provision of law.
20    (c)   Consultation.--The department shall consult and notify
21 the primary regulator of a financial institution for:
22(1)   An investigation of the financial institution for
23    potential violations of this chapter, including notifying the
24    financial institution's primary regulator that an
25    investigation into a potential penalty under this chapter has
26    been initiated.
27(2)   Penalties under this section assessed against a
28    financial institution utilizing a matrix developed by the
29    department in consultation with the Department of Banking and
30    Securities.
20250HB1611PN1925  - 79 -
1 Section 610-A.    Immunity.
2    A person acting in good faith, according to this chapter,
3 shall have immunity from liability for providing access to
4 records or holding a transaction in accordance with this
5 chapter.
6 Section 611-A. Financial institution compliance policies.
7    A financial institution shall create and implement internal
8 compliance policies, plans and procedures to comply with this
9 act.
10    Section 8.    Chapter 7 of the act is repealed:
11[CHAPTER 7
12REPORTING SUSPECTED ABUSE BY EMPLOYEES
13 Section 701.    Reporting by employees.
14    (a)     Mandatory reporting to agency.--
15(1)   An employee or an administrator who has reasonable
16    cause to suspect that a recipient is a victim of abuse shall
17    immediately make an oral report to the agency. If applicable,
18    the agency shall advise the employee or administrator of
19    additional reporting requirements that may pertain under
20    subsection (b). An employee shall notify the administrator
21    immediately following the report to the agency.
22(2)   Within 48 hours of making the oral report, the
23    employee or administrator shall make a written report to the
24    agency. The agency shall notify the administrator that a
25    report of abuse has been made with the agency.
26(3)   The employee may request the administrator to make
27    or to assist the employee to make the oral and written
28    reports required by this subsection.
29    (b)     Mandatory reports to law enforcement officials.--
30(1)   An employee or an administrator who has reasonable
20250HB1611PN1925  - 80 -
1    cause to suspect that a recipient is the victim of sexual
2    abuse, serious physical injury or serious bodily injury or
3    that a death is suspicious shall, in addition to contacting
4    the agency and the department, immediately contact law
5    enforcement officials to make an oral report. An employee
6    shall notify the administrator immediately following the
7    report to law enforcement officials.
8(2)   Within 48 hours of making the oral report, the
9    employee and an administrator shall make a written report to
10    appropriate law enforcement officials.
11(3)   The law enforcement officials shall notify the
12    administrator that a report has been made with the law
13    enforcement officials.
14(4)   The employee may request the administrator to make
15    or to assist the employee to make the oral and written
16    reports to law enforcement required by this subsection.
17    (c)   Contents of report.--A written report under this section
18 shall be in a manner and on forms prescribed by the department.
19 The report shall include, at a minimum, the following
20 information:
21(1)   Name, age and address of the recipient.
22(2)   Name and address of the recipient's guardian or next
23    of kin.
24(3)   Name and address of the facility.
25(4)   Nature of the alleged offense.
26(5)   Any specific comments or observations that are
27    directly related to the alleged incident and the individual
28    involved.
29 Section 702.    Reports to department and coroner.
30    (a)   Department.--
20250HB1611PN1925  - 81 -
1(1)   Within 48 hours of receipt of a written report under
2    section 701(a) involving sexual abuse, serious physical
3    injury, serious bodily injury or suspicious death, the agency
4    shall transmit a written report to the department.
5    Supplemental reports shall be transmitted as they are
6    obtained by the agency.
7(2)   A report under this subsection shall be made in a
8    manner and on forms prescribed by the department. The report
9    shall include, at a minimum, the following information:
10(i)    The name and address of the alleged victim.
11(ii)    Where the suspected abuse occurred.
12(iii)    The age and sex of the alleged perpetrator and
13victim.
14(iv)    The nature and extent of the suspected abuse,
15including any evidence of prior abuse.
16(v)    The name and relationship of the individual
17responsible for causing the alleged abuse to the victim,
18if known, and any evidence of prior abuse by that
19individual.
20(vi)    The source of the report.
21(vii)    The individual making the report and where
22that individual can be reached.
23(viii)    The actions taken by the reporting source,
24including taking of photographs and x-rays, removal of
25recipient and notification under subsection (b).
26(ix)    Any other information which the department may
27require by regulation.
28    (b)   Coroner.--For a report under section 701(a) which
29 concerns the death of a recipient, if there is reasonable cause
30 to suspect that the recipient died as a result of abuse, the
20250HB1611PN1925  - 82 -
1 agency shall give the oral report and forward a copy of the
2 written report to the appropriate coroner within 24 hours.
3 Section 703.    Investigation.
4      (a)   Law enforcement officials.--Upon receipt of a report
5 under section 701(b), law enforcement officials shall conduct an
6 investigation to determine what criminal charges, if any, will
7 be filed.
8      (b)   Notification.--If law enforcement officials have
9 reasonable cause to suspect that a recipient has suffered sexual
10 abuse, serious physical injury, serious bodily injury or a
11 suspicious death, law enforcement officials shall notify the
12 agency.
13      (c)   Cooperation.--To the fullest extent possible, law
14 enforcement officials, the facility and the agency shall
15 coordinate their respective investigations. Law enforcement
16 officials, the facility and the agency shall advise each other
17 and provide any applicable additional information on an ongoing
18 basis.
19      (d)   Further notification.--Law enforcement officials shall
20 notify the agency and the facility of a decision regarding
21 criminal charges. The agency and the department shall keep a
22 record of any decision regarding criminal charges.
23      (e)   Compliance with Chapter 3.--In addition to the
24 provisions of this section, the agency shall comply with Chapter
25 3.
26 Section 704.    Restrictions on employees.
27      (a)   Plan of supervision.--Upon notification that an employee
28 is alleged to have committed abuse, the facility shall
29 immediately implement a plan of supervision or, where
30 appropriate, suspension of the employee, subject to approval by
20250HB1611PN1925  - 83 -
1 the agency and by the Commonwealth agency with regulatory
2 authority over the facility. A plan of supervision for a home
3 health care agency must include periodic random direct
4 inspections of care-dependent individuals by a facility employee
5 who has been continuously employed by that facility for a period
6 of at least one year.
7    (b)   Prohibition.--Upon the filing of criminal charges
8 against an employee, the Commonwealth agency which licenses the
9 facility shall order the facility to immediately prohibit that
10 employee from having access to recipients at the facility. If
11 that employee is a director, operator, administrator or
12 supervisor, that employee shall be subject to restrictions
13 deemed appropriate by the Commonwealth agency which licenses the
14 facility to assure the safety of recipients of the facility.
15 Section 705.     Confidentiality of and access to confidential
16reports.
17    (a)   General rule.--Except as provided in subsection (b), a
18 report under this chapter shall be confidential.
19    (b)   Exceptions.--A report under this chapter shall be made
20 available to all of the following:
21(1)   An employee of the department or of an agency in the
22    course of official duties in connection with responsibilities
23    under this chapter.
24(2)   An employee of the Department of Health or the
25    Department of Public Welfare in the course of official
26    duties.
27(3)   An employee of an agency of another state which
28    performs protective services similar to those under this
29    chapter.
30(4)   A practitioner of the healing arts who is examining
20250HB1611PN1925  - 84 -
1    or treating a recipient and who suspects that the recipient
2    is in need of protection under this chapter.
3(5)    The director, or an individual specifically
4    designated in writing by the director, of any hospital or
5    other medical institution where a victim is being treated if
6    the director or designee suspects that the recipient is in
7    need of protection under this chapter.
8(6)    A guardian of the recipient.
9(7)    A court of competent jurisdiction pursuant to a
10    court order.
11(8)    The Attorney General.
12(9)    Law enforcement officials of any jurisdiction as
13    long as the information is relevant in the course of
14    investigating cases of abuse.
15(10)    A mandated reporter under Chapter 3 who made a
16    report of suspected abuse. Information released under this
17    paragraph shall be limited to the following:
18(i)    The final status of the report following the
19investigation.
20(ii)    Services provided or to be provided by the
21agency.
22    (c)   Excision of certain names.--The name of the person
23 suspected of committing the abuse shall be excised from a report
24 made available under subsection (b)(4), (5) and (10).
25    (d)   Release of information to alleged perpetrator and
26 victim.--Upon written request, an alleged perpetrator and victim
27 may receive a copy of all information except that prohibited
28 from being disclosed by subsection (e).
29    (e)   Protecting identity of person making report.--Except for
30 reports to law enforcement officials, the release of data that
20250HB1611PN1925  - 85 -
1 would identify the individual who made a report under this
2 chapter or an individual who cooperated in a subsequent
3 investigation is prohibited. Law enforcement officials shall
4 treat all reporting sources as confidential information.
5 Section 706.    Penalties.
6    (a)   Administrative.--
7(1)   An administrator who intentionally or willfully
8    fails to comply or obstructs compliance with the provisions
9    of this chapter or who intimidates or commits a retaliatory
10    act against an employee who complies in good faith with the
11    provisions of this chapter commits a violation of this
12    chapter and shall be subject to an administrative penalty
13    under paragraph (3).
14(2)   A facility owner that intentionally or willfully
15    fails to comply with or obstructs compliance with this
16    chapter or that intimidates or commits a retaliatory act
17    against an employee who complies in good faith with this
18    chapter commits a violation of this chapter and shall be
19    subject to an administrative penalty under paragraph (3).
20(3)   The Commonwealth agency or Commonwealth agencies
21    which regulate the facility have jurisdiction to determine
22    violations of this chapter and may issue an order assessing a
23    civil penalty of not more than $2,500. An order under this
24    paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to
25    practice and procedure of Commonwealth agencies) and Ch. 7
26    Subch. A (relating to judicial review of Commonwealth agency
27    action).
28    (b)   Criminal.--
29(1)   An administrator who intentionally or willfully
30    fails to comply or obstructs compliance with this chapter
20250HB1611PN1925  - 86 -
1    commits a misdemeanor of the third degree and shall, upon
2    conviction, be sentenced to pay a fine of $2,500 or to
3    imprisonment for not more than one year, or both.
4(2)   A facility owner that intentionally or willfully
5    fails to comply with or obstructs compliance with this
6    chapter commits a misdemeanor of the third degree and shall,
7    upon conviction, be sentenced to pay a fine of $2,500 or to
8    imprisonment for not more than one year, or both.
9    (c)   Penalties for failure to report.--A person required
10 under this chapter to report a case of suspected abuse who
11 willfully fails to do so commits a summary offense for the first
12 violation and a misdemeanor of the third degree for a second or
13 subsequent violation.
14 Section 707.    Immunity.
15    An administrator or a facility shall not be held civilly
16 liable for any action directly related to good faith compliance
17 with this chapter.
18 Section 708.    Regulations.
19    The Department of Aging, the Department of Health and the
20 Department of Public Welfare shall promulgate the regulations
21 necessary to carry out this chapter.]
22    Section 9.    The act is amended by adding chapters to read:
23CHAPTER 7-A
24CRIMINAL HISTORY
25 Section 701-A.    Criminal history.
26    (a)   Submission.--
27(1)   A person listed in subsection (c) shall submit a
28    full set of fingerprints in a manner prescribed by the
29    Pennsylvania State Police.
30(2)   The Pennsylvania State Police shall check the
20250HB1611PN1925  - 87 -
1    fingerprints against the Pennsylvania State Police central
2    repository for the purpose of a State criminal history record
3    check. Under 18 Pa.C.S. Ch. 91 (relating to criminal history
4    record information), a report of criminal history record
5    information, obtained within the preceding one-year period
6    from the Pennsylvania State Police, or a statement from the
7    Pennsylvania State Police that the central repository
8    contains no information relating to that person shall be
9    submitted to the department. The criminal history record
10    information shall be limited to information which is
11    disseminated under 18 Pa.C.S. § 9121(b)(2) (relating to
12    general regulations).
13(3)   The Pennsylvania State Police shall submit a full
14    set of fingerprints to the Federal Bureau of Investigation
15    for a national criminal history record check. The
16    Pennsylvania State Police will provide the department with
17    the national criminal history record information of the
18    individual. The information under this subsection shall not
19    be limited by 18 Pa.C.S. § 9121(b). The Department shall be
20    guided by federal law, state law, and Criminal Justice
21    Information Services policy.
22    (b)   Determination.--The information obtained from the
23 criminal history record checks under subsection (a) shall be
24 used by the department to determine eligibility under section
25 702-A. The determination shall be submitted to the individual
26 and the administrator by the department prior to employment
27 commencing except as specified in section 703-A.
28    (c)   Scope.--The following individuals shall submit to the
29 criminal history information inquiry required under subsection
30 (a):
20250HB1611PN1925  - 88 -
1(1)   An applicant.
2(2)   A prospective administrator who has or may have
3    direct contact with a recipient.
4(3)   A prospective operator who has or may have direct
5    contact with a recipient.
6    (d)    Written notice of new arrest or conviction.--
7(1)   If an employee is arrested for or convicted of an
8    offense that would constitute grounds for denying employment
9    under section 702-A, the employee shall provide written
10    notice of the arrest or conviction to the administrator or
11    designee not later than 72 hours after the arrest or
12    conviction.
13(2)   If the person responsible for employment decisions
14    or the administrator has a reasonable belief that an employee
15    was convicted of an offense that would constitute grounds for
16    denying employment under section 702-A, or the employee has
17    provided notice as required under paragraph (1), the person
18    or the administrator shall immediately require the employee
19    to submit current information as required under subsection
20    (a).
21 Section 702-A.     Grounds for denying employment.
22    (a)    Prohibited offenses.--The following offenses, and
23 Federal or out-of-State offenses similar in nature, shall be
24 prohibited as follows:
25(1)   Subject to subsection (b), a facility may not hire
26    an applicant or retain an employee for a period of 35 years
27    from the individual's release or discharge from a Federal,
28    State or county correctional institution or from termination
29    of supervised probation or parole, whichever is later, if the
30    department determines that the applicant's or employee's
20250HB1611PN1925  - 89 -
1  criminal history record information indicates that the
2  applicant or employee has been convicted of an offense or
3  attempt, solicitation or conspiracy to commit an offense
4  under one of the following provisions of 18 Pa.C.S. (relating
5  to crimes and offenses):
6(i)     Chapter 25 (relating to criminal homicide).
7(ii)     Section 2718 (relating to strangulation).
8(iii)     Section 3011 (relating to trafficking in
9      individuals).
10(iv)    Section 3121 (relating to rape).
11(v)    Section 3123 (relating to involuntary deviate
12      sexual intercourse).
13(vi)    Section 3124.2 (relating to institutional
14      sexual assault).
15      (2)   Subject to subsection (b), a facility may not hire
16  an applicant or retain an employee for a period of 20 years
17  after the individual's release or discharge from a Federal,
18  State or county correctional institution or from termination
19  of supervised probation or parole, whichever is later, if the
20  department determines that the applicant's or employee's
21  criminal history record information indicates the applicant
22  or employee has been convicted of an offense or attempt,
23  solicitation or conspiracy to commit an offense under one of
24  the following provisions of 18 Pa.C.S.:
25(i)     Chapter 26 (relating to crimes against unborn
26      child).
27(ii)     Section 2702 (relating to aggravated assault).
28(iii)     Section 2713 (relating to neglect of care-
29      dependent person).
30(iv)     Section 2715 (relating to threat to use weapons
20250HB1611PN1925  - 90 -
1      of mass destruction).
2(v)     Section 2716 (relating to weapons of mass
3      destruction).
4(vi)     Section 2717 (relating to terrorism).
5(vii)     Section 2901 (relating to kidnapping).
6(viii)     Section 2903 (relating to false
7      imprisonment).
8(ix)     Section 3122.1 (relating to statutory sexual
9      assault).
10(x)     Section 3124.1 (relating to sexual assault).
11(xi)     Section 3125 (relating to aggravated indecent
12      assault).
13(xii)     Section 3126 (relating to indecent assault).
14(xiii)     Section 3129 (relating to sexual intercourse
15      with animal).
16(xiv)     Section 3212 (relating to infanticide).
17(xv)     Section 4302 (relating to incest).
18(xvi)     Section 4303 (relating to concealing death of
19      child).
20(xvii)     A felony offense under section 4304 (relating
21      to endangering welfare of children).
22(xviii)     Section 4305 (relating to dealing in infant
23      children).
24(xix)     Section 5510 (relating to abuse of corpse).
25(xx)     Section 5903(a)(1), (3)(ii), (5)(ii) or (6),
26      (c) or (d) (relating to obscene and other sexual
27      materials and performances).
28(xxi)     Section 6312 (relating to sexual abuse of
29      children).
30(xxii)     Section 6318 (relating to unlawful contact
20250HB1611PN1925  - 91 -
1      with a minor).
2(xxiii)     Section 6319 (relating to solicitation of
3      minors to traffic drugs).
4(xxiv)     Section 6320 (relating to the sexual
5      exploitation of children).
6      (3)   Subject to subsection (b), a facility may not hire
7  an applicant or retain an employee for a period of 10 years
8  from the individual's release or discharge from a Federal,
9  State or county correctional institution or from termination
10  of supervised probation or parole, whichever is later, if the
11  department determines that the applicant's or employee's
12  criminal history record information indicates that the
13  applicant or employee has been convicted of an offense or
14  attempt, solicitation or conspiracy to commit an offense
15  under one of the following provisions of 18 Pa.C.S.:
16(i)     Section 2710 (relating to ethnic intimidation).
17(ii)     Section 2902 (relating to unlawful restraint).
18(iii)     A felony offense under section 2904 (relating
19      to interference with custody of children).
20(iv)     Section 2909 (relating to concealment of
21      whereabouts of a child).
22(v)     Section 3127 (relating to indecent exposure).
23(vi)     Section 3131 (relating to unlawful
24      dissemination of intimate image).
25(vii)     Section 3301 (relating to arson and related
26      offenses).
27(viii)     Section 3502 (relating to burglary).
28(ix)     Section 3701 (relating to robbery).
29(x)     Section 3702 (relating to robbery of motor
30      vehicle).
20250HB1611PN1925  - 92 -
1(xi)     A felony offense under Chapter 39 (relating to
2      theft and related offenses).
3(xii)     Section 4101 (relating to forgery).
4(xiii)     Section 4103 (relating to fraudulent
5      destruction, removal or concealment of recordable
6      instruments).
7(xiv)     Section 4106 (relating to access device
8      fraud).
9(xv)     Section 4114 (relating to securing execution of
10      documents by deception).
11(xvi)     Section 4115 (relating to falsely
12      impersonating persons privately employed).
13(xvii)     Section 4120 (relating to identity theft).
14(xviii)     A misdemeanor of the first degree under
15      section 4304.
16(xix)     Section 4952 (relating to intimidation of
17      witnesses or victims).
18(xx)     Section 4953 (relating to retaliation against
19      witness, victim or party).
20(xxi)     A felony offense under section 5902(b)
21      (relating to prostitution and related offenses).
22(xxii)     Section 5902(b.1).
23(xxiii)     Section 5903(c) or (d).
24(xxiv)     Section 6301 (relating to corruption of
25      minors).
26(xxv)     Two or more misdemeanors under Chapter 39.
27      (4)   Subject to subsection (b), a facility may not hire
28  an applicant or retain an employee for a period of five years
29  from the individual's release or discharge from a Federal,
30  State or county correctional institution or from termination
20250HB1611PN1925  - 93 -
1  of supervised probation or parole, whichever is later, if the
2  department determines that the applicant's or employee's
3  criminal history record information indicates that the
4  applicant or employee has been convicted of an offense under
5  one of the following provisions of 18 Pa.C.S.:
6(i)     Any of the following provisions of 75 Pa.C.S.
7      (relating to vehicles):
8(A)   Section 3735 (relating to homicide by
9vehicle while driving under influence).
10(B)   Section 3735.1 (relating to aggravated
11assault by vehicle while driving under the
12influence).
13(C)   Section 3742 (relating to accidents
14involving death or personal injury).
15(D)   Section 3802 (relating to driving under
16influence of alcohol or controlled substance) graded
17as a misdemeanor of the second degree or higher.
18(ii)    An offense designated as a felony under the act
19      of April 14, 1972 (P.L.233, No.64), known as The
20      Controlled Substance, Drug, Device and Cosmetic Act.
21(iii)    A misdemeanor of the first degree or a felony
22      under 18 Pa.C.S. § 4105 (relating to bad checks).
23(iv)    Two or more misdemeanors under 18 Pa.C.S. Ch.
24      39 (relating to theft and related offenses).
25(v)     Two or more misdemeanors under 18 Pa.C.S. § 2705
26      (relating to recklessly endangering another person).
27(vi)    Convictions listed under subparagraph (i) shall
28      be prohibited if the position the applicant is applying
29      for or the employee is performing includes driving or
30      transporting older adults.
20250HB1611PN1925  - 94 -
1      (5)   Modifications to prohibited offenses.
2(i)   The secretary may periodically review and, by
3      regulation, modify the lists of prohibited offenses under
4      subsection (a). The secretary may add additional offenses
5      to the lists of prohibited offenses in subsections (a)
6      (1), (a)(2), (a)(3) and (a)(4). The secretary may remove
7      offenses enumerated in the list of prohibited offenses in
8      subsections (a)(3) and (a)(4). In making a decision to
9      promulgate a regulation modifying the list of prohibited
10      offenses, the secretary shall consider whether:
11(A)   The modification poses a significant and
12unacceptable level of risk to older adults.
13(B)   The modification does not impede safe and
14efficient job performance.
15(C)   The prohibition is related to the job
16positions subject to the relevant employment bans
17under this subsection.
18(D)   The underlying conduct related to the
19offense makes an individual unfit for a job position
20subject to the prohibitions on hiring and retention
21under this subsection.
22(E)   The prohibition is consistent with the
23business necessity of ensuring protections for older
24adults.
25(F)   The underlying conduct related to the
26offense is relevant to a job position subject to the
27prohibitions on hiring and retention under this
28subsection.
29(G)   The underlying conduct related to the
30offense is relevant to the purpose of employment.
20250HB1611PN1925  - 95 -
1(ii)    After considering the factors in this
2paragraph, the secretary shall make findings and issue a
3regulation modifying the list if the secretary finds the
4modification is consistent with maintaining a qualified
5workforce that promotes and ensures the safety of older
6adults.
7  (b)   Waiver request.--
8(1)   Unless prohibited by Federal law, the department may
9  grant a waiver of the prohibitions on hiring and retention
10  under subsection (a) in accordance with this subsection after
11  submission of a written waiver request by an applicant,
12  employee or employer.
13(2)   The waiver request must be submitted on a form
14  provided by the department and contain the following:
15(i)     The length of time since the applicant's or
16employee's conviction.
17(ii)     The nature and circumstances of the applicant's
18or employee's conviction.
19(iii)     If the applicant or employee was incarcerated,
20a copy of the order from the Federal, State or local
21jurisdiction that released the individual from
22incarceration, including the date of release.
23(iv)     Evidence of the applicant's or employee's
24rehabilitation.
25(v)     The nature of and requirements of the job.
26(vi)     The relationship of the offense to the
27applicant's or employee's current or prospective job
28position.
29(vii)     A copy of any previously approved waiver
30request.
20250HB1611PN1925  - 96 -
1(viii)     If available and applicable, a letter from
2the individual's probation or parole officer.
3(ix)     The facility type for which the applicant is
4seeking or retaining employment or the facility type that
5has an interest in potentially hiring or retaining the
6applicant.
7(x)    A letter from the current or prospective
8employer indicating, if applicable, an interest in
9potentially hiring or retaining the applicant or employee
10if a waiver request is granted.
11(xi)     The applicant's age relevant to the applicant's
12potential longevity for future employment.
13(3)   The department may review and consider additional
14    relevant information or factors in making its determination.
15    (c)   Waiver approval.--The department shall review and issue
16 a decision on approval or denial of the waiver request not later
17 than 30 days after receipt of the written waiver request. The
18 department shall specify each offense waived by the department
19 and each offense that has been denied a waiver request with the
20 department's decision.
21    (d)   Applicability.--
22(1)   A waiver request granted under this section applies
23    only to the offense and facility type listed on the waiver
24    application.
25(2)   If granted, the waiver shall remain in place
26    indefinitely and be transferrable to the same or similar
27    position with an employer of an applicable facility type.
28(3)   The waiver shall not apply if the applicant or
29    employee attempts to secure new employment for a
30    substantially different position.
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1  (e)   Limitations.--
2(1)   The grant of a waiver request by the department does
3  not guarantee hiring or retention of employment to the
4  applicant or employee.
5(2)   In addition to the notice requirements of Section
6  701-A(d), if any new criminal charges are filed against an
7  applicant or employee who has obtained a waiver from the
8  department, the applicant or employee must report the new
9  criminal charges to both the employer and the department not
10  later than seven days after the charges were filed.
11(3)   If the new conviction is prohibited under this act,
12  the applicant or employee must submit a new waiver request.
13(4)   If a waiver request is denied, an individual may
14  resubmit a new waiver request once every five years.
15  (f)   Appeal rights.--
16(1)   If the department denies a request for a waiver
17  under this section, the person whose request was denied shall
18  have 20 days to submit a written appeal to the secretary.
19(2)   Upon receipt of a notice of appeal, the secretary
20  shall have 30 days to complete a review of the relevant facts
21  and circumstances and issue a final decision.
22(3)   If the secretary fails to issue a final decision
23  within the 30 days, the appeal shall be deemed denied.
24(4)   All final decisions by the secretary shall be
25  reviewable in accordance with the laws of this Commonwealth.
26  (g)   Duties and responsibilities of department.--
27(1)   Not later than 60 days after the effective date of
28  this paragraph, the department shall develop a waiver request
29  form.
30(2)   Not later than 90 days after the effective date of
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1    this paragraph, the department shall develop a procedure for
2    hearing appeals resulting from department denials of waiver
3    request applications.
4    (h)   Date of release or discharge.--To determine an
5 individual's release, discharge or termination of supervision,
6 the individual must provide to the department, upon request,
7 documentation relating to the individual's release or discharge
8 from a Federal, State or county correctional institution or from
9 termination of supervised probation or parole.
10    (i)   Penalties.--An individual who willfully fails to
11 disclose a conviction for an offense enumerated under subsection
12 (a) shall be subject to termination and may be subject to
13 criminal prosecution under 18 Pa.C.S. § 4904 (relating to
14 unsworn falsification to authorities).
15    (j)   Construction.--This section may not be construed to
16 require a current employee of a facility to obtain a waiver
17 pertaining to the employee's current employment or for an
18 application at the same facility for a substantially similar
19 position as the employee's current position.
20 Section 703-A.        Provisional employees for limited periods.
21(1)   A facility may employ an applicant on a provisional
22    basis for a single period not to exceed 60 days, if all of
23    the following conditions are met:
24(i)    The applicant has applied and submitted
25fingerprints for a criminal history record information
26report required under section 701-A(a)(1) and (2) and
27provided the facility with a copy of the completed
28request forms.
29(ii)    The facility has no knowledge about the
30applicant that would disqualify the applicant from
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1employment under 18 Pa.C.S. § 4911 (relating to tampering
2with public records or information).
3(iii)   The applicant swears or affirms in writing
4that the applicant is not disqualified from employment
5under this act.
6(2)   If the information obtained from the criminal
7    history record information report required under section 701-
8    A reveals that the applicant is disqualified from employment,
9    the applicant shall be dismissed immediately.
10(3)   If an individual has been employed at a facility on
11    a provisional basis in accordance with paragraphs (1) and
12    (2), but the department has not completed its determination
13    prior to the expiration of 60 days under this section, the
14    individual may remain employed on a provisional basis until
15    the department has made a determination or for 30 days,
16    whichever is earlier.
17(4)   The department shall develop guidelines, in
18    consultation with the Department of Health and the Department
19    of Human Services, regarding the supervision of applicants.
20    Supervision shall include direct supervision by an employee
21    who has been employed by the facility for a period of at
22    least one year.
23 Section 704-A.     Compliance.
24    (a)   Immunity.--A facility may not be held civilly or
25 criminally liable or subject to administrative penalties for
26 hiring decisions under this chapter in which the facility
27 complies or makes a good faith effort in any of the following
28 circumstances to comply with the requirements of this chapter,
29 including any subsequent rule or regulation issued by the
30 department to effectuate the hiring or retention of an
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1 applicant, relating to:
2(1)   Hiring or retention of an applicant through the use
3    of a waiver in accordance with section 702-A or regulations
4    promulgated by the department to effectuate section 702-A.
5(2)   A decision by a facility to not hire or retain an
6    applicant or employee even if the applicant or employee
7    receives a waiver.
8    (b)   Limitation.--
9(1)   Immunity from civil, criminal or administrative
10    penalties under this section may not be construed as applying
11    beyond the decision to hire or not hire an applicant or
12    retain or not retain an employee under this chapter and does
13    not extend to the conduct of an applicant while employed by a
14    facility.
15(2)   This section may not be construed to be or used as a
16    defense for a facility failing to meet the obligations
17    required under this act pertaining to management and
18    oversight of individuals applying for employment or employed
19    by the facility.
20CHAPTER 8-A
21REMEDIES
22 Section 801-A.    Penalties.
23    (a)   Administrative and civil penalties.--
24(1)   A mandatory reporter who fails to comply or
25    obstructs compliance with the provisions of this act or who
26    intimidates or commits a retaliatory act against an
27    individual who complies in good faith with this act commits a
28    violation of this act and shall be subject to an
29    administrative penalty.
30(2)   The department shall have jurisdiction to determine
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1  violations of this act and may issue an order assessing a
2  civil penalty of not more than $5,000. An order under this
3  paragraph is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating
4  to practice and procedure of Commonwealth agencies) and 7
5  Subch. A (relating to judicial review of Commonwealth agency
6  action).
7      (3)    A Commonwealth agency that licenses a facility shall
8  have jurisdiction regarding violations of section 701-A and
9  may issue an order assessing a civil penalty not to exceed
10  $5,000.
11      (4)    An older adult or a person making a report or
12  cooperating with the area agency on aging, including
13  providing testimony in an administrative or judicial
14  proceeding, shall be free from discriminatory, retaliatory or
15  disciplinary action by an employer or any other person or
16  facility. A person who violates this paragraph shall be
17  subject to a civil action by the reporter or the older adult.
18  The older adult or person making a report or cooperating with
19  the area agency on aging may recover treble compensatory
20  damages, compensatory and punitive damages or $5,000,
21  whichever is greater.
22      (5)    A person, including the older adult, with knowledge
23  sufficient to justify making a report or cooperating with the
24  area agency on aging, including providing testimony in an
25  administrative or judicial proceeding, shall be free from
26  intimidation by an employer or any other person. A person who
27  violates this paragraph shall be subject to a civil action by
28  the individual intimidated or the older adult. The person
29  intimidated or the older adult may recover treble
30  compensatory damages, compensatory and punitive damages or
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1    $5,000, whichever is greater.
2    (b)   Criminal penalties.--
3(1)   A mandatory reporter who intentionally fails to
4    report suspected abuse of an older adult commits a summary
5    offense for the first violation and a misdemeanor of the
6    second degree for a second or subsequent violation and shall,
7    upon conviction, be sentenced to pay a fine of not more than
8    $5,000 or to imprisonment for not more than one year, or
9    both.
10(2)   A person who intentionally makes a false statement
11    or representation of a material fact in a report of need
12    commits a misdemeanor of the first degree and shall, upon
13    conviction, be sentenced to pay a fine of not more than
14    $10,000 or to imprisonment for not more than five years, or
15    both.
16 Section 802-A.    Immunity from civil and criminal liability.
17(1)   A person who makes a report of need or who provides
18    testimony in an administrative or judicial proceeding in a
19    court of this Commonwealth arising out of a report of need
20    shall be immune from any civil or criminal liability on
21    account of the report of need or testimony related to good
22    faith compliance with this act. The immunity shall not extend
23    to liability for an act of abuse of an older adult, even if
24    the act is the subject of the report of need or testimony.
25(2)   A facility that employs an individual required or
26    permitted to make a report under this act shall not be held
27    civilly liable for any action directly related to good faith
28    compliance with this act.
29(3)   In the absence of willful misconduct or gross
30    negligence, the area agency on aging, the director or
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1    employees of the area agency on aging, protective services
2    workers or employees of the department shall not be civilly
3    or criminally liable for any decision or action or resulting
4    consequence of a decision or action when acting under and
5    according to the provisions of this act.
6    Section 10.    The department shall promulgate regulations to
7 carry out the provisions of this act and shall annually present
8 to the General Assembly a report on the program and services
9 performed. Commonwealth agencies with oversight authority over
10 entities impacted by this act shall promulgate regulations
11 necessary to assist the department in implementing this act.
12    Section 11.    Nothing in this act shall be construed to expand
13 the jurisdiction of or grant additional arrest powers to law
14 enforcement officials that are not otherwise authorized by law.
15    Section 12.    All acts and parts of acts are repealed insofar
16 as they are inconsistent with this act.
17    Section 13.    This act shall take effect as follows:
18(1)   The following shall take effect immediately:
19The addition of sections 602-A, 603-A and 610-A of
20the act.
21This section.
22(2)   The remainder of this act shall take effect in 18
23    months.
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