HB 1611 — An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, extensively revising provisions relating to the protection of abused elderly; establishing a uniform Statewide reporting and investigative system for suspected abuse of the elderly; providing for protective services; prohibiting financial exploitation; providing for funding and for regulations; imposing penalties; and making editorial changes.

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:
19                                  AN 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
 6                          PRELIMINARY 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:
28                               CHAPTER 1-A
29                          PRELIMINARY 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
12          confinement, intimidation or punishment with resulting
13          physical harm, pain or mental anguish.
14                 (ii)     The willful deprivation by a caregiver of goods
15          or services that are necessary to maintain physical or
16          mental health.
17                 (iii)     Sexual abuse.
18                 (iv)     Abuse as defined in 23 Pa.C.S. § 6102 (relating
19          to 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

20250HB1611PN1925                          - 8 -
 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

20250HB1611PN1925                    - 10 -
 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

20250HB1611PN1925                   - 11 -
 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,

20250HB1611PN1925                  - 12 -
 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.
20                                  CHAPTER 2-A
21                            DUTIES 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
16                              ADMINISTRATION
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

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 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

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 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
 6               services.
 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

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 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
20                  persons.
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
21          under section 301(c).
22                 (ii)    Receiving and maintaining records of reports of
23          abuse under section 302.
24                 (iii)    Conducting investigations of reported abuse
25          under section 303.
26                 (iv)    Carrying out client assessments and developing
27          service plans under section 303.
28                 (v)    Petitioning the court under sections 304 and
29          307.
30                 (vi)    Providing emergency involuntary intervention

20250HB1611PN1925                      - 30 -
 1          under section 307.
 2                (vii)    Arranging for available services needed to
 3          carry out service plans, which may include, as
 4          appropriate, arranging for services for other household
 5          members in order to reduce, correct or eliminate abuse,
 6          neglect, exploitation or abandonment of an older adult.
 7                (viii)    Purchasing, on a temporary basis, services
 8          determined by a service plan to be necessary to reduce,
 9          correct or eliminate abuse, neglect, exploitation or
10          abandonment of an older adult when such services are not
11          available within the existing resources of the agency or
12          other appropriate provider. Purchase of services under
13          this provision is limited to a 30-day period which may be
14          renewed with adequate justification under regulations
15          promulgated 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:
16                                 CHAPTER 3-A
17                      DUTIES 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 pro

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