PRINTER'S NO. 1023
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
885
Session of
2023
INTRODUCED BY MASTRIANO, JULY 27, 2023
REFERRED TO AGING AND YOUTH, JULY 27, 2023
AN ACT
Amending the act of November 6, 1987 (P.L.381, No.79), entitled
"An act relating to the protection of the abused, neglected,
exploited or abandoned elderly; establishing a uniform
Statewide reporting and investigative system for suspected
abuse, neglect, exploitation or abandonment of the elderly;
providing protective services; providing for funding; and
making repeals," in administration, providing for Statewide
registry of perpetrators of abuse in facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 6, 1987 (P.L.381, No.79),
known as the Older Adults Protective Services Act, is amended by
adding a section to read:
Section 312. Statewide registry of perpetrators of abuse in
facilities.
(a) Establishment.--The department shall establish a
Statewide registry of individuals found to be substantiated
perpetrators of abuse, neglect, abandonment or exploitation of
older adults in facilities.
(b) Information contained in the registry.--The following
information shall be included in the registry:
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(1) The name, Social Security number, age, sex and
address of the perpetrator.
(2) A description of the abuse, neglect, abandonment or
exploitation committed by the perpetrator, including the date
or dates of the incidents.
(c) Notification.--The department shall provide notification
to an individual that the individual's name is being placed on
the registry electronically, if electronic contact information
is available, and by certified and registered mail.
(d) Administrative review and appeal process.--An individual
placed on the registry may appeal the determination within 90
days from the date the notification of the determination was
sent to the individual. The following shall apply:
(1) During the 90-day appeal period, the registry shall
note "pending appeal" and, if an appeal is filed, this
notation shall remain until the appeal process is concluded.
(2) If an individual placed on the registry files an
appeal within 90 days of notification of the determination,
the department shall review the determination within 60 days
of the filing date of the appeal, unless the individual
requests to waive the administrative review process.
(3) After administrative review, if the department
reverses the determination, the individual's name shall be
removed from the registry.
(4) If the department does not reverse the determination
or the individual waives the administrative review process,
the appeal shall be conducted as provided under 1 Pa. Code
Pt. II (relating to general rules of administrative practice
and procedure) and 6 Pa. Code Ch. 3 (relating to fair
hearings and appeals).
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(5) The department shall provide notification of the
determinations made through the administrative review process
and the appeal process to the individual as follows:
(i) By certified and registered mail.
(ii) If electronic contact information is available,
by electronic mail.
(e) Good cause review.--After five years, an individual
placed on the registry may file a reconsideration with the
department to evaluate the continued inclusion of the
individual's name on the registry. An individual may not submit
more than one appeal annually after the five-year period.
(f) Employees and prospective employees.--The following
provisions shall apply to a facility and a temporary health care
staffing agency relating to an employee or prospective employee
of the facility:
(1) An administrator of a facility or a temporary health
care staffing agency shall require a prospective employee of
the facility to submit with the employee's application for
employment a certification from the department stating
whether the applicant is named in the registry as a
perpetrator. The certificate must be obtained before the
facility or the temporary health care staffing agency hires
the employee.
(2) The administrator of a facility or a temporary
health care staffing agency may contact the department
relating to whether an individual who is an employee or
prospective employee of the facility is listed in the
registry. The administrator must complete and sign an
attestation form prior to contacting the department to ensure
that they are accessing the registry for the sole purpose of
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conducting background checks for prospective or current
employees of the facility.
(g) Regulations.--The department shall promulgate
regulations necessary to carry out this section.
(h) Confidentiality.--The department shall comply with
sections 306 and 705 with regard to the confidentiality of
information contained within the registry. This subsection shall
not be construed to prohibit the department from disclosing
information to an administrator of a facility or a temporary
health care staffing agency under subsection (f)(2).
Section 2. This act shall take effect in 180 days.
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