SB 899 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for older adults protective services and imposing penalties; and making a related repeal.

20170SB0899PN1906 - 25 - A written mandatory report under this section shall be in a 20170SB0899PN1205 - 25 - manner and on forms prescribed by the department.

20170SB0899PN1906 - 26 - (a) Prohibition.--Except for disclosures to law enforcement 20170SB0899PN1205 - 26 - officials, the release of records that would identify the individual who made a report under this subchapter or an individual who cooperated in a subsequent investigation is prohibited.

and 20170SB0899PN1906 - 27 - (4) respond to suspected cases of financial exploitation 20170SB0899PN1205 - 27 - of older adults.

(2) A financial institution or fiduciary may, but is not required to, refuse to disburse money or engage in a transaction under this section if the area agency on aging or a law enforcement official requests the financial institution 20170SB0899PN1906 - 28 - to do so or provides information to the financial institution 20170SB0899PN1205 - 28 - demonstrating that it is reasonable to believe that financial exploitation of an older adult may have occurred, may have been attempted or is being attempted.

(i) fifteen business days after the date on which the financial institution or fiduciary first refused to 20170SB0899PN1906 - 29 - disburse the money or engage in a transaction, unless 20170SB0899PN1205 - 29 - sooner terminated or extended by an order of a court of competent jurisdiction, a law enforcement official, the department, or the area agency on aging.

(3) A refusal to disburse money or engage in a transaction under section 6952 (relating to authority to prohibit disbursement of money and transactions) or a 20170SB0899PN1906 - 30 - decision to allow the disbursement of money or the conduct of 20170SB0899PN1205 - 30 - a transaction under section 6952.

(d) Standing.--A financial institution, fiduciary or mandatory reporter may initiate a proceeding in a court of competent jurisdiction to obtain protective services for an older adult in need of protective services, prohibit the 20170SB0899PN1906 - 31 - disbursement of money or transactions that may result in the 20170SB0899PN1205 - 31 - financial exploitation of an older adult or request the review of an order issued under this chapter or other law to protect an older adult from suspected financial exploitation.

20170SB0899PN1906 - 32 - (1) Under 18 Pa.C.S.

91 (relating to criminal 20170SB0899PN1205 - 32 - history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that its central repository contains no information relating to the applicant.

A facility may 20170SB0899PN1906 - 33 - not hire or engage an applicant required to submit 20170SB0899PN1205 - 33 - information required under this chapter for a period of 15 years following the date of conviction if the applicant's criminal history record information indicates the applicant has been convicted of an offense or attempt, solicitation or conspiracy to commit an offense under one of the following provisions of 18 Pa.C.S.

20170SB0899PN1906 - 34 - Section 4304 (relating to endangering welfare of 20170SB0899PN1205 - 34 - children).

20170SB0899PN1906 - 35 - Section 4952 (relating to intimidation of witnesses 20170SB0899PN1205 - 35 - or victims).

(ii) An offense designated as a felony under the act of April 14, 1972 (P.L.233, No.64), known as The 20170SB0899PN1906 - 36 - Controlled Substance, Drug, Device and Cosmetic Act.

20170SB0899PN1205 - 36 - (d) Exemptions.--A facility may hire an applicant subject to an employment restriction under subsection (c) prior to the expiration of the restriction period if the facility documents the facility's consideration of information provided by the applicant on an employer discretion form, related to the following:

(i) The applicant has applied for a criminal history 20170SB0899PN1906 - 37 - report required under subsection (a)(1) and (2) and 20170SB0899PN1205 - 37 - provided the facility with a copy of the completed request forms.

(a) Civil penalties.-- (1) A mandatory reporter who fails to comply or obstructs compliance with the provisions of this chapter or who intimidates or commits a retaliatory act against an individual who complies in good faith with the provisions of this chapter commits a violation of this chapter and shall be 20170SB0899PN1906 - 38 - subject to an administrative penalty.

The department shall 20170SB0899PN1205 - 38 - have jurisdiction to determine violations of this chapter and may issue an order assessing a civil penalty of not more than $5,000.

The person intimidated or the older adult shall recover treble compensatory damages, 20170SB0899PN1906 - 39 - compensatory and punitive damages or $5,000, whichever is 20170SB0899PN1205 - 39 - greater.

(d) Use.--Money collected under this chapter by the 20170SB0899PN1906 - 40 - department shall be used for department programs to investigate 20170SB0899PN1205 - 40 - and prevent the abuse, neglect, exploitation and abandonment of older adults.

20170SB0899PN1906 - 41 - (2) The act of November 6, 1987 (P.L.381, No.79), known 20170SB0899PN1205 - 41 - as the Older Adults Protective Services Act, is repealed.

SECTION20170SB0899PN1205 1.- 42 -

TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED <-- STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 69 OLDER ADULTS PROTECTIVE SERVICES SUBCHAPTER A.

PRELIMINARY PROVISIONS B.

DUTIES OF DEPARTMENT C.

DUTIES OF AREA AGENCIES ON AGING D.

PROTECTIVE SERVICES E.

REPORTING F.

FINANCIAL INSTITUTIONS AND FIDUCIARIES G.

CRIMINAL HISTORY H.

REMEDIES I.

ADMINISTRATION SUBCHAPTER A PRELIMINARY PROVISIONS SEC.

6901.

SCOPE OF CHAPTER.

6902.

DEFINITIONS.

6903.

INTENT.

§ 6901.

SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO OLDER ADULT PROTECTIVE SERVICES.

20170SB0899PN1906 - 42 - § 6902.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"ABANDONMENT." THE DESERTION OF AN OLDER ADULT BY A CARETAKER.

"ABUSE." THE OCCURRENCE OF ONE OR MORE OF THE FOLLOWING ACTS:

(1) INFLICTION OF INJURY, UNREASONABLE CONFINEMENT, INTIMIDATION OR PUNISHMENT RESULTING IN PHYSICAL HARM, PAIN OR MENTAL ANGUISH.

(2) THE WILLFUL DEPRIVATION BY A CARETAKER OF GOODS OR SERVICES WHICH ARE NECESSARY TO MAINTAIN PHYSICAL OR MENTAL HEALTH.

(3) SEXUAL ABUSE, INCLUDING RAPE, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, SEXUAL ASSAULT, AGGRAVATED INDECENT ASSAULT, INDECENT ASSAULT OR INCEST.

(4) SEXUAL HARASSMENT, INCLUDING UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS AND OTHER UNWELCOME VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.

"ADMINISTRATOR." THE PERSON RESPONSIBLE FOR THE MANAGEMENT OF A FACILITY.

THE TERM INCLUDES A PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS OR AN INDEPENDENT CONTRACTOR RESPONSIBLE FOR ADMINISTRATION OF A FACILITY.

"APPLICANT." AN INDIVIDUAL WHO SUBMITS AN APPLICATION WHICH IS BEING CONSIDERED FOR EMPLOYMENT TO A FACILITY.

"AREA AGENCY ON AGING." THE SINGLE LOCAL AGENCY OR THE LOCAL AGENCY'S AGENT DESIGNATED BY THE DEPARTMENT WITHIN EACH PLANNING AND SERVICE AREA TO ADMINISTER THE DELIVERY OF PROTECTIVE SERVICES.

20170SB0899PN1906 - 43 - "ASSESSMENT." A DETERMINATION BASED UPON A COMPREHENSIVE REVIEW OF AN OLDER ADULT'S SOCIAL, PHYSICAL AND PSYCHOLOGICAL STATUS ALONG WITH A DESCRIPTION OF THE PERSON'S CURRENT RESOURCES AND NEEDS USING THE INSTRUMENTS AND PROCEDURES ESTABLISHED BY THE DEPARTMENT.

"CARE." SERVICES PROVIDED TO MEET AN OLDER ADULT'S NEED FOR PERSONAL CARE OR HEALTH CARE WHICH REQUIRE INTERACTION WITH THE OLDER ADULT.

"CARE-DEPENDENT INDIVIDUAL." AN ADULT WHO, DUE TO PHYSICAL OR COGNITIVE DISABILITY OR IMPAIRMENT, REQUIRES ASSISTANCE TO MEET NEEDS FOR FOOD, SHELTER, CLOTHING, PERSONAL CARE OR HEALTH CARE.

"CARETAKER." A PERSON THAT HAS ASSUMED THE RESPONSIBILITY FOR THE PROVISION OF CARE NEEDED TO MAINTAIN THE PHYSICAL OR MENTAL HEALTH OF AN OLDER ADULT.

THIS RESPONSIBILITY MAY ARISE VOLUNTARILY, BY CONTRACT, BY RECEIPT OF PAYMENT FOR CARE, AS A RESULT OF FAMILIAL RELATIONSHIP, OR BY ORDER OF A COURT OF COMPETENT JURISDICTION.

"DEPARTMENT." THE DEPARTMENT OF AGING OF THE COMMONWEALTH.

"EMPLOYEE." AN INDIVIDUAL WHO:

(1) ANY OF THE FOLLOWING:

(I) IS EMPLOYED BY A FACILITY;

(II) ENTERS INTO A CONTRACTUAL RELATIONSHIP WITH A FACILITY, CONSUMER, CONSUMER'S FAMILY OR LEGAL REPRESENTATIVE TO PROVIDE CARE TO AN OLDER ADULT;

OR (III) IS A STUDENT DOING AN INTERNSHIP OR CLINICAL ROTATION OR ANY OTHER INDIVIDUAL WHO HAS BEEN GRANTED ACCESS TO THE FACILITY TO PERFORM A CLINICAL SERVICE FOR A FEE;

AND (2) HAS UNSUPERVISED ACCESS TO THE OLDER ADULT OR THE 20170SB0899PN1906 - 44 - OLDER ADULT'S LIVING QUARTERS, RESOURCES OR PERSONAL RECORDS, INCLUDING EMPLOYEES OF AFFILIATED CORPORATE ENTITIES.

"EXPLOITATION." AN ACT OR COURSE OF CONDUCT BY A CARETAKER OR OTHER PERSON AGAINST AN OLDER ADULT OR AN OLDER ADULT'S RESOURCES WITHOUT THE INFORMED CONSENT OF THE OLDER ADULT OR WITH CONSENT OBTAINED THROUGH MISREPRESENTATION, COERCION OR THREATS OF FORCE, RESULTS IN MONETARY, PERSONAL OR OTHER BENEFIT, GAIN OR PROFIT FOR THAT CARETAKER OR PERSON, OR MONETARY OR PERSONAL LOSS TO THE OLDER ADULT.

"FACILITY." ANY OF THE FOLLOWING:

(1) DOMICILIARY CARE AS DEFINED IN SECTION 2202-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

(2) AN ASSISTED LIVING RESIDENCE AS DEFINED IN SECTION 1001 OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE.

(3) A PERSONAL CARE HOME AS DEFINED IN SECTION 1001 OF THE HUMAN SERVICES CODE.

(4) THE FOLLOWING ENTITIES AS DEFINED IN SECTION 802.1 OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT:

(I) A HOME CARE AGENCY.

(II) A HOME CARE REGISTRY.

(III) A HOME HEALTH CARE AGENCY.

(IV) A HOSPICE.

(V) A LONG-TERM CARE NURSING FACILITY.

(5) AN OLDER ADULT DAILY LIVING CENTER AS DEFINED IN SECTION 2 OF THE ACT OF JULY 11, 1990 (P.L.499, NO.118), KNOWN AS THE OLDER ADULT DAILY LIVING CENTERS LICENSING ACT.

(6) A PACE PROVIDER AS DEFINED IN SECTION 1894 OF THE 20170SB0899PN1906 - 45 - SOCIAL SECURITY ACT (49 STAT.

620, 42 U.S.C.

§ 1395EEE).

(7) ANY OTHER PUBLIC OR PRIVATE ORGANIZATION OR ENTITY, OR PART OF AN ORGANIZATION OR ENTITY, THAT USES PUBLIC FUNDS AND IS PAID, IN PART, TO PROVIDE CARE TO CARE-DEPENDENT INDIVIDUALS.

"FIDUCIARY." A GUARDIAN, CUSTODIAN, TRUSTEE, AGENT, PERSONAL REPRESENTATIVE OR OTHER PERSON AUTHORIZED OR REQUIRED TO ACT ON BEHALF OF AN OLDER ADULT.

"FINANCIAL EXPLOITATION." ANY OF THE FOLLOWING:

(1) THE WRONGFUL OR UNAUTHORIZED TAKING, WITHHOLDING, APPROPRIATION OR USE OF MONEY, ASSETS OR PROPERTY OF AN OLDER ADULT.

(2) AN ACT OR OMISSION TAKEN BY A PERSON, INCLUDING THROUGH THE USE OF A POWER OF ATTORNEY, GUARDIANSHIP OR CONSERVATORSHIP OF AN OLDER ADULT, TO:

(I) OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION OR UNDUE INFLUENCE, OVER THE OLDER ADULT'S MONEY, ASSETS OR PROPERTY TO DEPRIVE THE OLDER ADULT OF THE OWNERSHIP, USE, BENEFIT OR POSSESSION OF THE OLDER ADULT'S MONEY, ASSETS OR PROPERTY;

OR (II) UNLAWFULLY CONVERT MONEY, ASSETS OR PROPERTY OF THE OLDER ADULT TO DEPRIVE THE OLDER ADULT OF THE OWNERSHIP, USE, BENEFIT OR POSSESSION OF THE OLDER ADULT'S MONEY, ASSETS OR PROPERTY.

"FINANCIAL SERVICES PROVIDER." ANY OF THE FOLLOWING:

(1) A DEPOSITORY INSTITUTION OR AFFILIATE OF A DEPOSITORY INSTITUTION AS THOSE TERMS ARE DEFINED IN SECTION 3 OF THE FEDERAL DEPOSIT INSURANCE ACT (64 STAT.

873, 12 U.S.C.

§ 1813).

(2) A CREDIT UNION ELIGIBLE FOR INSURANCE OF MEMBER 20170SB0899PN1906 - 46 - ACCOUNTS UNDER THE FEDERAL CREDIT UNION ACT (48 STAT.

1216, 12 U.S.C.

§ 1751 ET SEQ.).

(3) A BROKER-DEALER AS DEFINED IN SECTION 102(E) OF THE ACT OF DECEMBER 5, 1972 (P.L.1280, NO.284), KNOWN AS THE PENNSYLVANIA SECURITIES ACT OF 1972.

(4) AN INVESTMENT ADVISER AS DEFINED IN SECTION 102(J) OF THE PENNSYLVANIA SECURITIES ACT OF 1972.

(5) AN AGENT AS DEFINED IN SECTION 102(C) OF THE PENNSYLVANIA SECURITIES ACT OF 1972.

(6) AN INVESTMENT ADVISOR REPRESENTATIVE AS DEFINED IN SECTION 102(J.1) OF THE PENNSYLVANIA SECURITIES ACT OF 1972.

(7) A LICENSEE AS DEFINED IN SECTION 2 OF THE ACT OF MAY 15, 1933 (P.L.565, NO.111), KNOWN AS THE DEPARTMENT OF BANKING AND SECURITIES CODE, OR A SIMILAR ENTITY.

(8) A BUSINESS OR AGENCY THAT ENGAGES IN AN ACTIVITY WHICH THE DEPARTMENT DETERMINES, BY REGULATION, TO BE AN ACTIVITY THAT IS SIMILAR TO, RELATED TO OR A SUBSTITUTE FOR AN ACTIVITY CONDUCTED BY A BUSINESS DESCRIBED IN PARAGRAPH (1), (2), (3), (4), (5), (6) OR (7).

"HEALTH CARE PROVIDER." A LICENSED HOSPITAL OR HEALTH CARE FACILITY OR PERSON WHO IS LICENSED, CERTIFIED OR OTHERWISE REGULATED TO PROVIDE HEALTH CARE SERVICES UNDER THE LAWS OF THIS COMMONWEALTH, INCLUDING A PHYSICIAN, PODIATRIST, OPTOMETRIST, PSYCHOLOGIST, PHYSICAL THERAPIST, CERTIFIED NURSE PRACTITIONER, REGISTERED NURSE, NURSE MIDWIFE, PHYSICIAN'S ASSISTANT, CHIROPRACTOR, DENTIST, PHARMACIST OR AN INDIVIDUAL ACCREDITED OR CERTIFIED TO PROVIDE BEHAVIORAL HEALTH SERVICES.

"HOME CARE WORKER." AN INDIVIDUAL EMPLOYED BY A HOME CARE AGENCY, REFERRED BY A HOME CARE REGISTRY OR LISTED ON THE HOME CARE WORKER DIRECTORY TO PROVIDE ANY OF THE FOLLOWING SERVICES:

20170SB0899PN1906 - 47 - (1) PERSONAL CARE.

(2) ASSISTANCE WITH INSTRUMENTAL ACTIVITIES OF DAILY LIVING.

(3) COMPANIONSHIP SERVICES FOR THE LIMITED PURPOSES OF PROVIDING SUPERVISION AND MINIMAL ASSISTANCE THAT IS FOCUSED SOLELY ON THE HEALTH AND SAFETY OF THE INDIVIDUAL.

(4) RESPITE CARE TO SUPPORT AN INDIVIDUAL ON A SHORT- TERM BASIS.

(5) ACTIVITIES TO SUPPORT AN INDIVIDUAL WITH ACQUIRING, MAINTAINING OR IMPROVING SKILLS IN HOME-BASED AND COMMUNITY- BASED SETTINGS, INCLUDING WITH EMPLOYMENT.

"INTIMIDATION." AN ACT OR OMISSION BY A PERSON TOWARD ANOTHER PERSON THAT OBSTRUCTS, IMPEDES, IMPAIRS, PREVENTS OR INTERFERES WITH THE ADMINISTRATION OF THIS CHAPTER OR OTHER LAW INTENDED TO PROTECT OLDER ADULTS FROM MISTREATMENT.

"LAW ENFORCEMENT OFFICIAL." ANY OF THE FOLLOWING:

(1) A POLICE OFFICER OF A MUNICIPALITY.

(2) A DISTRICT ATTORNEY.

(3) A PENNSYLVANIA STATE POLICE OFFICER.

(4) THE ATTORNEY GENERAL.

(5) AN AGENT OF THE DEPARTMENT OF JUSTICE AND OTHER FEDERAL LAW ENFORCEMENT AGENCIES, WHO POSSESSES LAW ENFORCEMENT POWERS AND DUTIES.

"MANDATORY REPORTER." ANY OF THE FOLLOWING:

(1) ADMINISTRATORS AND EMPLOYEES OF A FACILITY.

(2) HEALTH CARE PROVIDERS.

(3) A LAW ENFORCEMENT OFFICIAL.

"NEGLECT." THE FAILURE TO PROVIDE FOR ONESELF OR THE FAILURE OF A CARETAKER TO PROVIDE GOODS OR SERVICES ESSENTIAL TO AVOID A CLEAR AND SERIOUS THREAT TO PHYSICAL OR MENTAL HEALTH.

AN OLDER 20170SB0899PN1906 - 48 - ADULT WHO DOES NOT CONSENT TO THE PROVISION OF PROTECTIVE SERVICES MAY NOT BE FOUND TO BE NEGLECTED SOLELY ON THE GROUNDS OF ENVIRONMENTAL FACTORS WHICH ARE BEYOND THE CONTROL OF THE OLDER ADULT OR THE CARETAKER, SUCH AS INADEQUATE HOUSING, FURNISHINGS, INCOME, CLOTHING OR MEDICAL CARE.

"OLDER ADULT." AN INDIVIDUAL WITHIN THE JURISDICTION OF THE COMMONWEALTH WHO IS 60 YEARS OF AGE OR OLDER.

"OLDER ADULT IN NEED OF PROTECTIVE SERVICES." AN INCAPACITATED OLDER ADULT WHO IS UNABLE TO PERFORM OR OBTAIN SERVICES THAT ARE NECESSARY TO MAINTAIN PHYSICAL OR MENTAL HEALTH, FOR WHOM THERE IS NO RESPONSIBLE CARETAKER AND WHO IS AT IMMINENT RISK OF DANGER TO SELF OR PROPERTY.

"PROTECTIVE SERVICES." THOSE ACTIVITIES, RESOURCES AND SUPPORTS PROVIDED TO OLDER ADULTS UNDER THIS CHAPTER TO DETECT, PREVENT, REDUCE OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT.

"RECIPIENT." AN INDIVIDUAL WHO RECEIVES CARE, SERVICES OR TREATMENT IN OR FROM A FACILITY.

"SERIOUS BODILY INJURY." INJURY WHICH CREATES A SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS DISFIGUREMENT OF A BODY PART OR ORGAN, PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A BODY MEMBER OR ORGAN OR SEVERE PAIN.

THE TERM DOES NOT INCLUDE AN ISOLATED ACCIDENTAL INJURY SELF-INFLICTED BY AN OLDER ADULT.

"SERVICE PLAN." AS FOLLOWS:

(1) A WRITTEN PLAN DEVELOPED BY AN AREA AGENCY ON AGING ON THE BASIS OF A COMPREHENSIVE ASSESSMENT OF AN OLDER ADULT THAT DESCRIBES IDENTIFIED NEEDS, GOALS TO BE ACHIEVED AND SPECIFIC SERVICES DESIGNED TO SUPPORT GOAL ATTAINMENT, WHICH INCLUDES REGULAR FOLLOW-UP AND PREDETERMINED REASSESSMENT OF PROGRESS.

20170SB0899PN1906 - 49 - (2) AS USED IN THIS DEFINITION, SPECIFIC SERVICES DESIGNED TO SUPPORT GOAL ATTAINMENT MAY INCLUDE HOMEMAKER SERVICES, HOME-DELIVERED MEALS, PERSONAL CARE, OTHER IN-HOME SERVICES, EMERGENCY SHELTER OR FOOD, LEGAL AID SERVICES AND TRANSPORTATION SERVICES.

(3) SERVICE PLANS SHALL BE COOPERATIVELY DEVELOPED BY AREA AGENCY ON AGING STAFF, THE OLDER ADULT OR THE OLDER ADULT'S LEGAL REPRESENTATIVE AND OTHER FAMILY MEMBERS, IF APPROPRIATE.

(4) THE SERVICE PLAN SHALL ADDRESS SPECIAL NEEDS OF OTHER MEMBERS OF THE HOUSEHOLD UNIT IF THEY AFFECT THE OLDER ADULT'S NEED FOR PROTECTIVE SERVICES.

"SUSPICIOUS DEATH." A DEATH WHICH IS UNEXPECTED WITH UNEXPLAINED CIRCUMSTANCES OR CAUSE.

§ 6903.

INTENT.

IT IS NOT THE INTENT OF THIS CHAPTER TO IMPOSE RESPONSIBILITY ON AN INDIVIDUAL IF THE RESPONSIBILITY WOULD NOT OTHERWISE EXIST IN LAW.

SUBCHAPTER B DUTIES OF DEPARTMENT SEC.

6910.

PUBLIC EDUCATION.

6911.

INTERDEPARTMENTAL CONSULTATION.

6912.

TRAINING REQUIRED.

6913.

CONFIDENTIALITY.

6914.

SCHEDULE AND ANNUAL PLAN.

§ 6910.

PUBLIC EDUCATION.

THE DEPARTMENT SHALL CONDUCT AN ONGOING CAMPAIGN DESIGNED TO INFORM AND EDUCATE OLDER ADULTS, PROFESSIONALS AND THE GENERAL PUBLIC ABOUT THE NEED FOR AND THE AVAILABILITY OF PROTECTIVE 20170SB0899PN1906 - 50 - SERVICES UNDER THIS CHAPTER.

§ 6911.

INTERDEPARTMENTAL CONSULTATION.

THE FOLLOWING APPLY:

(1) THE DEPARTMENT SHALL CONSULT WITH OTHER COMMONWEALTH AGENCIES ON THE DESIGN AND IMPLEMENTATION OF THE ONGOING PUBLIC AWARENESS CAMPAIGN.

(2) THE DEPARTMENT SHALL CONSIDER THE CONCERNS OF AREA AGENCIES ON AGING ON THE DESIGN AND IMPLEMENTATION OF THE ONGOING PUBLIC AWARENESS CAMPAIGN.

§ 6912.

TRAINING REQUIRED.

(A) STANDARDS.--THE DEPARTMENT SHALL ESTABLISH MINIMUM STANDARDS OF EXPERIENCE AND TRAINING THAT PROTECTIVE SERVICES PROVIDERS RECEIVING MONEY FROM THE DEPARTMENT SHALL BE REQUIRED TO FOLLOW IN THE SELECTION AND ASSIGNMENT OF EMPLOYEES FOR THE PROVISION OF PROTECTIVE SERVICES.

(B) MANDATORY REPORTERS.--THE DEPARTMENT SHALL ESTABLISH A TRAINING PROGRAM FOR MANDATORY REPORTERS TO INFORM EMPLOYEES ABOUT THE REQUIREMENT TO REPORT UNDER THIS CHAPTER.

§ 6913.

CONFIDENTIALITY.

THE DEPARTMENT SHALL ESTABLISH METHODS WHICH SHALL BE USED BY AN AREA AGENCY ON AGING, ITS DESIGNEES AND ITS SERVICE PROVIDERS TO ENSURE THE PRIVACY OF OLDER ADULTS RECEIVING SERVICES AND THE CONFIDENTIALITY OF ALL RECORDS.

§ 6914.

SCHEDULE AND ANNUAL PLAN.

(A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH A SCHEDULE FOR THE SUBMISSION AND APPROVAL OF THE PLANS ASSOCIATED WITH THE DEVELOPMENT OF TRAINING PROVIDED IN SECTION 6912 (RELATING TO TRAINING REQUIRED).

(B) PROTECTIVE SERVICES PLAN.--EACH AREA AGENCY ON AGING SHALL INCLUDE A PROTECTIVE SERVICES PLAN AS PART OF ITS ANNUAL 20170SB0899PN1906 - 51 - PLAN.

THE PLAN SHALL DESCRIBE THE LOCAL IMPLEMENTATION OF THIS CHAPTER, INCLUDING THE ORGANIZATION, STAFFING, MODE OF OPERATIONS AND FINANCING OF PROTECTIVE SERVICES AND THE PROVISIONS MADE FOR THE PURCHASE OF SERVICES, INTERAGENCY RELATIONS, INTERAGENCY AGREEMENTS, SERVICE REFERRAL MECHANISMS AND LOCUS OF RESPONSIBILITY FOR CASES WITH MULTISERVICE AGENCY NEEDS.

THE PLAN SHALL INCLUDE A LIST OF EACH PUBLIC OR PRIVATE ENTITY THAT HAS BEEN IDENTIFIED BY THE AREA AGENCY ON AGING AS HAVING SUBSTANTIAL CONTACT WITH POTENTIAL VICTIMS OR PERPETRATORS OF ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT.

THE LIST SHALL BE SUBMITTED TO THE DEPARTMENT FOR PURPOSES OF THE PUBLIC EDUCATION CAMPAIGN UNDER SECTION 6910 (RELATING TO PUBLIC EDUCATION).

SUBCHAPTER C DUTIES OF AREA AGENCIES ON AGING SEC.

6920.

RECEIPT OF REPORTS.

6921.

INVESTIGATIONS.

6922.

INVESTIGATIONS INVOLVING FACILITIES.

6923.

INVESTIGATIONS INVOLVING LAW ENFORCEMENT OFFICIALS.

6924.

ACCESS TO OLDER ADULTS.

6925.

ACCESS TO RECORDS.

6926.

RIGHTS OF OLDER ADULTS.

6927.

CONFIDENTIALITY STANDARDS REQUIRED.

6928.

AVAILABILITY OF PROTECTIVE SERVICES.

§ 6920.

RECEIPT OF REPORTS.

THE AREA AGENCY ON AGING MUST BE CAPABLE OF RECEIVING REPORTS OF OLDER ADULTS IN NEED OF PROTECTIVE SERVICES AT ALL TIMES.

THIS CAPABILITY MAY INCLUDE THE USE OF A LOCAL EMERGENCY RESPONSE SYSTEM OR A CRISIS INTERVENTION AGENCY, IF ACCESS CAN 20170SB0899PN1906 - 52 - BE MADE TO A PROTECTIVE SERVICES CASEWORKER IN APPROPRIATE EMERGENCY SITUATIONS, AS SET FORTH IN REGULATIONS ISSUED BY THE DEPARTMENT.

ALL REPORTS RECEIVED ORALLY SHALL BE DOCUMENTED IN A MANNER SET FORTH BY THE DEPARTMENT.

§ 6921.

INVESTIGATIONS.

(A) DUTY.--AN AREA AGENCY ON AGING SHALL INVESTIGATE EACH REPORT IN ACCORDANCE WITH REGULATIONS ISSUED BY THE DEPARTMENT.

THE INVESTIGATION SHALL BE INITIATED WITHIN 72 HOURS AFTER THE RECEIPT OF THE REPORT AND SHALL BE CARRIED OUT UNDER REGULATIONS ISSUED BY THE DEPARTMENT.

THE REGULATIONS SHALL PROVIDE FOR THE METHODS OF CONDUCTING INVESTIGATIONS AND SHALL ENSURE THAT STEPS ARE TAKEN TO AVOID A CONFLICT OF INTEREST.

CONSENT OF THE OLDER ADULT IS NOT REQUIRED IN ORDER TO BEGIN TO INVESTIGATE REPORTS OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT.

THE DEPARTMENT AND ANY OTHER COMMONWEALTH AGENCY SHALL SHARE INFORMATION WITH EACH OTHER AND WITH MANDATORY REPORTERS, FIDUCIARIES AND FINANCIAL INSTITUTIONS AS NECESSARY TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE OLDER ADULT AND TO ASSIST FINANCIAL INSTITUTIONS AND FIDUCIARIES IN EXERCISING THE FINANCIAL INSTITUTION'S AND FIDUCIARIES' AUTHORITY TO PROHIBIT DISBURSEMENT OF FUNDS AND TRANSACTIONS AS PROVIDED BY SECTION 6952 (RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

(B) CLOSURE.--IF AFTER INVESTIGATION BY THE AREA AGENCY ON AGING THE REPORT IS UNSUBSTANTIATED, THE CASE SHALL BE CLOSED AND ALL INFORMATION IDENTIFYING THE REPORTER AND THE ALLEGED PERPETRATOR SHALL BE IMMEDIATELY DELETED FROM ALL RECORDS.

FOR PURPOSES OF SUBSTANTIATING A PATTERN OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, THE NAME OF THE ALLEGED VICTIM AND ANY INFORMATION DESCRIBING THE ALLEGED ACT OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT MAY BE MAINTAINED FOR A PERIOD OF 20170SB0899PN1906 - 53 - SIX MONTHS UNDER PROCEDURES ESTABLISHED BY THE DEPARTMENT.

(C) TIMELY ASSESSMENT.--IF THE REPORT IS SUBSTANTIATED BY THE AREA AGENCY ON AGING OR IF AN ASSESSMENT IS NECESSARY IN ORDER TO DETERMINE WHETHER OR NOT THE REPORT IS SUBSTANTIATED, THE AREA AGENCY ON AGING SHALL PROVIDE FOR A TIMELY ASSESSMENT IF THE OLDER ADULT CONSENTS TO AN ASSESSMENT.

UPON COMPLETION OF THE ASSESSMENT, WRITTEN FINDINGS SHALL BE PREPARED WHICH SHALL INCLUDE RECOMMENDED ACTION.

THE SERVICE PLAN SHALL PROVIDE FOR THE LEAST RESTRICTIVE ALTERNATIVE, ENCOURAGING SELF- DETERMINATION AND CONTINUITY OF CARE, SHALL BE IN WRITING AND SHALL INCLUDE A RECOMMENDED COURSE OF ACTION, WHICH MAY INCLUDE THE PURSUIT OF CIVIL OR CRIMINAL REMEDIES.

IF AN OLDER ADULT FOUND TO BE IN NEED OF PROTECTIVE SERVICES DOES NOT CONSENT TO AN ASSESSMENT OR THE DEVELOPMENT OF A SERVICE PLAN, THE AREA AGENCY ON AGING MAY APPLY THE PROVISIONS OF SECTION 6933 (RELATING TO INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER) TO THE CASE.

(D) ENVIRONMENTAL FACTORS.--AN OLDER ADULT MAY NOT BE FOUND TO BE ABUSED SOLELY ON THE GROUNDS OF ENVIRONMENTAL FACTORS THAT ARE BEYOND THE CONTROL OF THE OLDER ADULT OR THE CARETAKER, SUCH AS INADEQUATE HOUSING, FURNISHINGS, INCOME, CLOTHING OR MEDICAL CARE.

§ 6922.

INVESTIGATIONS INVOLVING FACILITIES.

IF THE REPORT CONCERNS A FACILITY, THE AREA AGENCY ON AGING SHALL NOTIFY THE LOCAL OMBUDSMAN AND THE LICENSING AGENCY.

INVESTIGATIONS CONCERNING FACILITIES SHALL BE CONDUCTED UNDER PROCEDURES DEVELOPED BY THE DEPARTMENT IN CONSULTATION WITH THE COMMONWEALTH AGENCY WITH OVERSIGHT AUTHORITY FOR THE FACILITY.

THE DEPARTMENT AND ANY OTHER COMMONWEALTH AGENCY SHALL SHARE INFORMATION WITH EACH OTHER AND WITH MANDATORY REPORTERS, 20170SB0899PN1906 - 54 - FIDUCIARIES AND FINANCIAL INSTITUTIONS AS NECESSARY TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE OLDER ADULT AND TO ASSIST FINANCIAL INSTITUTIONS AND FIDUCIARIES IN EXERCISING THE FINANCIAL INSTITUTION'S AND FIDUCIARIES' AUTHORITY TO PROHIBIT DISBURSEMENT OF FUNDS AND TRANSACTIONS AS PROVIDED BY SECTION 6952 (RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

FACILITIES SHALL TAKE REASONABLE STEPS TO PROTECT OLDER ADULTS FOLLOWING RECEIPT OF A REPORT OF SUSPECTED ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT INVOLVING AN EMPLOYEE, INCLUDING A PLAN OF SUPERVISION OR SUSPENSION.

§ 6923.

INVESTIGATIONS INVOLVING LAW ENFORCEMENT OFFICIALS.

THE FOLLOWING SHALL APPLY:

(1) TO THE EXTENT POSSIBLE, LAW ENFORCEMENT OFFICIALS, THE AREA AGENCY ON AGING AND OTHER MANDATORY REPORTERS SHALL COORDINATE RESPECTIVE INVESTIGATIONS AND SHALL ADVISE EACH OTHER AND PROVIDE APPLICABLE ADDITIONAL INFORMATION ON AN ONGOING BASIS.

(2) UPON RECEIVING A REPORT OF ANY OF THE FOLLOWING, THE AREA AGENCY ON AGING SHALL IMMEDIATELY NOTIFY A LAW ENFORCEMENT OFFICIAL:

(I) SUSPICIOUS DEATH.

(II) SERIOUS BODILY INJURY.

(III) SEXUAL ABUSE.

(3) (I) FOLLOWING A REFERRAL TO A LAW ENFORCEMENT OFFICIAL, THE AREA AGENCY ON AGING SHALL CONTACT A LAW ENFORCEMENT OFFICIAL TO OBTAIN INFORMATION ABOUT ACTIONS TAKEN AND THE OUTCOMES, INCLUDING ANY DECISIONS REGARDING CRIMINAL CHARGES, AND THE LAW ENFORCEMENT OFFICIAL SHALL PROVIDE THE INFORMATION TO THE EXTENT THAT THE INFORMATION IS AVAILABLE.

20170SB0899PN1906 - 55 - (II) THE AREA AGENCY ON AGING SHALL REPORT THE INFORMATION UNDER SUBPARAGRAPH (I) TO THE DEPARTMENT IN A MANNER PRESCRIBED BY THE DEPARTMENT.

§ 6924.

ACCESS TO OLDER ADULTS.

(A) GENERAL RULE.--THE FOLLOWING APPLY:

(1) THE AREA AGENCY ON AGING SHALL HAVE ACCESS TO OLDER ADULTS WHO HAVE BEEN REPORTED TO BE IN NEED OF PROTECTIVE SERVICES IN ORDER TO:

(I) INVESTIGATE REPORTS.

(II) ASSESS NEEDS OF THE OLDER ADULT AND DEVELOP A SERVICE PLAN FOR ADDRESSING THOSE NEEDS.

(III) PROVIDE FOR THE DELIVERY OF SERVICES BY THE AREA AGENCY ON AGING OR OTHER SERVICE PROVIDER AS PROVIDED FOR UNDER THE SERVICE PLAN.

(2) IF THE AREA AGENCY ON AGING IS DENIED ACCESS TO AN OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE SERVICES, THE AREA AGENCY ON AGING MAY PETITION THE COURT FOR AN ORDER TO REQUIRE THE APPROPRIATE ACCESS WHEN EITHER OF THE FOLLOWING CONDITIONS APPLY:

(I) THE CARETAKER OR A THIRD PARTY HAS INTERFERED WITH THE COMPLETION OF THE INVESTIGATION, THE ASSESSMENT AND SERVICE PLAN OR THE DELIVERY OF SERVICES.

(II) THE AREA AGENCY ON AGING CAN DEMONSTRATE THAT THE OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE SERVICES IS DENYING ACCESS BECAUSE OF COERCION, EXTORTION OR JUSTIFIABLE FEAR OF FUTURE ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT.

(B) PETITION.--THE AREA AGENCY ON AGING MAY PETITION THE COURT FOR AN ORDER TO REQUIRE ANY OF THE FOLLOWING:

(1) ACCESS TO THE OLDER ADULT.

20170SB0899PN1906 - 56 - (2) A PHYSICAL HEALTH EVALUATION OF THE OLDER ADULT.

(3) A BEHAVIORAL HEALTH EVALUATION OF THE OLDER ADULT.

§ 6925.

ACCESS TO RECORDS.

(A) AREA AGENCY ON AGING ACCESS.--THE AREA AGENCY ON AGING SHALL, SUBJECT TO THE CONSENT OF THE OLDER ADULT, HAVE ACCESS TO ALL RECORDS FOR THE PURPOSES OF:

(1) ASSESSING AN OLDER ADULT'S NEED FOR SERVICES.

(2) PLANNING AND DELIVERY OF SERVICES.

(3) INVESTIGATING REPORTS.

(B) REFUSAL.--IF THE AREA AGENCY ON AGING IS DENIED ACCESS TO RECORDS NECESSARY FOR THE COMPLETION OF A PROPER INVESTIGATION OF A REPORT, ASSESSMENT OR SERVICE PLAN, OR THE DELIVERY OF NEEDED SERVICES IN ORDER TO PREVENT FURTHER ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF THE OLDER ADULT REPORTED TO BE IN NEED OF PROTECTIVE SERVICES, THE AGENCY MAY PETITION THE COURT OF COMMON PLEAS FOR AN ORDER REQUIRING THE APPROPRIATE ACCESS WHEN EITHER OF THE FOLLOWING CONDITIONS APPLY:

(1) THE OLDER ADULT HAS PROVIDED WRITTEN CONSENT FOR ANY CONFIDENTIAL RECORDS TO BE DISCLOSED AND THE KEEPER OF THE RECORDS DENIES ACCESS.

(2) THE AGENCY CAN DEMONSTRATE THAT THE OLDER ADULT IS DENYING ACCESS TO RECORDS BECAUSE OF INCOMPETENCE, COERCION, EXTORTION OR JUSTIFIABLE FEAR OF FUTURE ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT.

(C) REQUEST OF CERTAIN RECORDS.--RECORDS OF STATE AGENCIES, PRIVATE ORGANIZATIONS, FINANCIAL INSTITUTIONS, FIDUCIARIES, MEDICAL INSTITUTIONS AND PRACTITIONERS AND PERSONS REASONABLY SUSPECTED OF ENGAGING IN OR FACILITATING THE ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF AN OLDER ADULT, WHICH THE AREA AGENCY ON AGING REASONABLY BELIEVES TO BE NECESSARY TO COMPLETE 20170SB0899PN1906 - 57 - AN INVESTIGATION OR ASSESSMENT AND SERVICE PLAN, SHALL BE REQUESTED IN WRITTEN FORM AND MADE AVAILABLE TO THE AREA AGENCY ON AGING UNLESS THE DISCLOSURE IS PROHIBITED BY ANY OTHER PROVISION OF FEDERAL OR STATE LAW.

EXCEPT AS PROVIDED BY A COURT ORDER, ACCESS TO FINANCIAL RECORDS SHALL BE LIMITED TO RECORDS RELATING TO THE MOST RECENT TRANSACTION OR TRANSACTIONS THAT MAY COMPRISE FINANCIAL EXPLOITATION, NOT TO EXCEED 60 CALENDAR DAYS PRIOR TO THE FIRST TRANSACTION THAT WAS REPORTED OR 60 CALENDAR DAYS AFTER THE LAST TRANSACTION THAT WAS REPORTED.

(D) COMPENSATION.--THE AREA AGENCY ON AGING OR THE DEPARTMENT MAY COMPENSATE A PERSON REQUESTED OR ORDERED TO PROVIDE RECORDS TO THE AREA AGENCY ON AGING FOR THE REASONABLE COSTS OF PRODUCING RECORDS IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF SECTION 1115(A) OF THE RIGHT TO FINANCIAL PRIVACY ACT OF 1978 (PUBLIC LAW 95-630, 12 U.S.C.

§ 3415).

§ 6926.

RIGHTS OF OLDER ADULTS.

(A) NOTIFICATION.--THE AREA AGENCY ON AGING SHALL DISCREETLY NOTIFY THE OLDER ADULT DURING THE INVESTIGATION THAT A REPORT HAS BEEN MADE AND SHALL PROVIDE THE OLDER ADULT WITH A BRIEF SUMMARY OF THE NATURE OF THE REPORT.

(B) INFORMATION.--AS PROVIDED IN SECTION 6934 (RELATING TO CONFIDENTIALITY OF RECORDS), THE OLDER ADULT WHO IS THE SUBJECT OF A REPORT, OR THE OLDER ADULT'S GUARDIAN IF THE GUARDIAN IS NOT NAMED AS A PERPETRATOR IN THE REPORT, MAY RECEIVE, UPON WRITTEN REQUEST, A SUMMARY OF THE REPORT OF NEED EXCEPT INFORMATION THAT WOULD IDENTIFY THE PERSON WHO MADE A REPORT OF SUSPECTED ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OR PERSONS WHO COOPERATED IN A SUBSEQUENT INVESTIGATION.

(C) APPEAL.--A DENIAL OF SERVICES BY THE DEPARTMENT OR AN AREA AGENCY ON AGING UNDER THIS SUBCHAPTER MAY BE APPEALED 20170SB0899PN1906 - 58 - ACCORDING TO THE PROVISIONS OF THE RULES AND REGULATIONS ISSUED BY THE DEPARTMENT UNDER ARTICLE XXII-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

§ 6927.

CONFIDENTIALITY STANDARDS REQUIRED.

AREA AGENCIES ON AGING SHALL UTILIZE THE DEPARTMENT'S CONFIDENTIALITY STANDARDS ESTABLISHED UNDER SECTION 6913 (RELATING TO CONFIDENTIALITY).

§ 6928.

AVAILABILITY OF PROTECTIVE SERVICES.

THE AREA AGENCY ON AGING SHALL OFFER PROTECTIVE SERVICES UNDER ANY OF THE FOLLOWING CONDITIONS:

(1) AN OLDER ADULT REQUESTS THE SERVICES.

(2) ANOTHER INTERESTED PERSON REQUESTS THE SERVICES ON BEHALF OF AN OLDER ADULT.

(3) AFTER INVESTIGATION OF A REPORT, THE AREA AGENCY ON AGING DETERMINES THE OLDER ADULT IS IN NEED OF THE SERVICES.

SUBCHAPTER D PROTECTIVE SERVICES SEC.

6930.

CONSENT BY REQUEST.

6931.

INTERFERENCE WITH SERVICES.

6932.

FINANCIAL OBLIGATIONS, LIABILITIES AND PAYMENTS.

6933.

INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER.

6934.

CONFIDENTIALITY OF RECORDS.

§ 6930.

CONSENT BY REQUEST.

AN OLDER ADULT SHALL RECEIVE PROTECTIVE SERVICES VOLUNTARILY UNLESS THE SERVICES ARE ORDERED BY A COURT OF COMPETENT JURISDICTION.

§ 6931.

INTERFERENCE WITH SERVICES.

IF A PERSON INTERFERES WITH THE PROVISION OF SERVICES OR 20170SB0899PN1906 - 59 - INTERFERES WITH THE RIGHT OF AN OLDER ADULT TO CONSENT TO PROVISION OF SERVICES, THE AREA AGENCY ON AGING MAY PETITION THE COURT FOR AN ORDER ENJOINING THE INTERFERENCE.

§ 6932.

FINANCIAL OBLIGATIONS, LIABILITIES AND PAYMENTS.

ALL OLDER ADULTS RECEIVING PROTECTIVE SERVICES AND ALL AGENCIES PROVIDING SERVICES UNDER THIS SUBCHAPTER SHALL COMPLY WITH THE FOLLOWING PROVISIONS REGARDING LIABILITY FOR THE PAYMENT OF SERVICES:

(1) FUNDING TO PROVIDE OR MAKE AVAILABLE PROTECTIVE SERVICES UNDER THIS SUBCHAPTER SHALL NOT BE USED IN PLACE OF ANY PUBLIC OR PRIVATE ENTITLEMENTS OR BENEFITS FOR WHICH THE OLDER ADULT RECEIVING PROTECTIVE SERVICES UNDER THIS SUBCHAPTER IS OR MAY BE ELIGIBLE.

(1.1) FUNDING TO PROVIDE OR MAKE AVAILABLE PROTECTIVE SERVICES SHALL NOT BE AVAILABLE UNTIL ELIGIBILITY AND RECEIPT OF BENEFITS UNDER PUBLIC AND PRIVATE ENTITLEMENTS OR RESOURCES HAVE BEEN EXHAUSTED.

(2) FUNDING AVAILABLE TO LOCAL PROTECTIVE SERVICES AGENCIES UNDER THIS SUBCHAPTER MAY BE USED TO COVER THE COSTS OF ACTIVITIES, INCLUDING, BUT NOT LIMITED TO:

(I) ADMINISTERING PROTECTIVE SERVICES PLANS.

(II) RECEIVING AND MAINTAINING RECORDS OF REPORTS OF ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT.

(III) CONDUCTING INVESTIGATIONS OF REPORTED ABUSE, NEGLECT, EXPLOITATION AND ABANDONMENT.

(IV) CARRYING OUT ASSESSMENTS AND DEVELOPING SERVICE PLANS.

(V) PETITIONING THE COURT.

(VI) PROVIDING FOR EMERGENCY INVOLUNTARY INTERVENTION.

20170SB0899PN1906 - 60 - (VII) ARRANGING FOR AVAILABLE SERVICES NEEDED TO CARRY OUT SERVICE PLANS, WHICH MAY INCLUDE, AS APPROPRIATE, ARRANGING FOR SERVICES FOR OTHER PERSONS IN THE HOUSEHOLD UNIT IN ORDER TO REDUCE, CORRECT OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF AN OLDER ADULT.

(VIII) PURCHASING, ON A TEMPORARY BASIS, SERVICES DETERMINED BY A SERVICE PLAN TO BE NECESSARY TO REDUCE, CORRECT OR ELIMINATE ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OF AN OLDER ADULT WHEN THE SERVICES ARE NOT AVAILABLE WITHIN THE EXISTING RESOURCES OF THE AREA AGENCY ON AGING OR OTHER APPROPRIATE PROVIDER.

PURCHASE OF SERVICES UNDER THIS PROVISION IS LIMITED TO A 30-DAY PERIOD WHICH MAY BE RENEWED WITH ADEQUATE JUSTIFICATION UNDER REGULATIONS ISSUED BY THE DEPARTMENT.

(3) OLDER ADULTS RECEIVING PROTECTIVE SERVICES SHALL NOT BE REQUIRED TO PAY A FEE FOR SERVICES RECEIVED BY OTHER OLDER ADULTS WHEN THE RECEIPT OF THE SERVICES BY OTHERS IS NOT SUBJECT TO COST SHARING.

§ 6933.

INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER.

(A) EMERGENCY PETITION.--AN AREA AGENCY ON AGING MAY PETITION A COURT OF COMMON PLEAS FOR AN EMERGENCY ORDER TO PROVIDE PROTECTIVE SERVICES TO AN OLDER ADULT WHO IS AT IMMINENT RISK OF DEATH, SEXUAL ABUSE, SERIOUS BODILY INJURY OR FINANCIAL EXPLOITATION.

THE COURT OF COMMON PLEAS SHALL GRANT THE AREA AGENCY ON AGING'S PETITION IF THE COURT FINDS, BY CLEAR AND CONVINCING EVIDENCE, THAT FAILURE TO PROVIDE PROTECTIVE SERVICES WILL PLACE THE OLDER ADULT AT IMMINENT RISK OF DEATH, SEXUAL ABUSE, SERIOUS BODILY INJURY OR FINANCIAL EXPLOITATION.

THE COURTS OF COMMON PLEAS OF EACH JUDICIAL DISTRICT SHALL ENSURE 20170SB0899PN1906 - 61 - THAT A JUDGE OR MAGISTERIAL DISTRICT JUDGE IS AVAILABLE AT ALL TIMES TO ACCEPT AND RULE ON PETITIONS FOR EMERGENCY COURT ORDERS UNDER THIS SECTION WHENEVER THE AREA AGENCY ON AGING DETERMINES THAT A DELAY UNTIL NORMAL COURT HOURS MAY SIGNIFICANTLY INCREASE DANGER TO THE OLDER ADULT.

(B) LIMITED ORDER.--THE COURT, AFTER FINDING CLEAR AND CONVINCING EVIDENCE OF THE NEED FOR AN EMERGENCY ORDER, SHALL ORDER ONLY SERVICES NECESSARY TO REMOVE THE CONDITIONS CREATING THE ESTABLISHED NEED.

(C) RIGHT TO COUNSEL.--IN ORDER TO PROTECT THE RIGHTS OF AN OLDER ADULT FOR WHOM PROTECTIVE SERVICES ARE BEING ORDERED, AN EMERGENCY COURT ORDER UNDER THIS SECTION SHALL PROVIDE THAT THE OLDER ADULT HAS THE RIGHT TO LEGAL COUNSEL.

IF THE OLDER ADULT IS UNABLE TO PROVIDE FOR COUNSEL, COUNSEL SHALL BE APPOINTED BY THE COURT.

(D) FORCIBLE ENTRY.--IF IT IS NECESSARY TO FORCIBLY ENTER PREMISES AFTER OBTAINING A COURT ORDER, A LAW ENFORCEMENT OFFICIAL MAY DO SO, ACCOMPANIED BY A REPRESENTATIVE OF THE AREA AGENCY ON AGING.

(E) HEALTH AND SAFETY REQUIREMENTS.--THE AREA AGENCY ON AGING SHALL TAKE REASONABLE STEPS TO ENSURE THAT WHILE THE OLDER ADULT IS RECEIVING SERVICES UNDER AN EMERGENCY COURT ORDER, THE HEALTH AND SAFETY NEEDS OF ANY OF THE OLDER ADULT'S DEPENDENTS ARE MET AND THAT THE PERSONAL PROPERTY AND DWELLING OF THE OLDER ADULT ARE SECURE.

§ 6934.

CONFIDENTIALITY OF RECORDS.

(A) REQUIREMENT.--INFORMATION CONTAINED IN REPORTS, RECORDS OF INVESTIGATION, ASSESSMENTS AND SERVICE PLANS CREATED UNDER THIS SUBCHAPTER SHALL BE CONSIDERED PRIVILEGED AND CONFIDENTIAL AND SHALL BE MAINTAINED UNDER REGULATIONS PROMULGATED BY THE 20170SB0899PN1906 - 62 - DEPARTMENT.

THE DEPARTMENT OR THE AREA AGENCY ON AGING MAY NOT RELEASE INFORMATION THAT COULD BE DETRIMENTAL TO THE OLDER ADULT EXCEPT THAT THE INFORMATION SHALL BE RELEASED TO A LAW ENFORCEMENT OFFICIAL UNDER SUBSECTION (B)(2) AND MAY BE USED BY THE DEPARTMENT IN CIVIL PROCEEDINGS, SUBJECT TO PROTECTIVE ORDERS.

ALL INFORMATION CONTAINED IN PROTECTIVE SERVICE RECORDS IS SUBJECT TO OTHER FEDERAL AND STATE CONFIDENTIALITY AND SECURITY LAWS.

(B) RELEASE OF PROTECTIVE SERVICES RECORDS.--PROTECTIVE SERVICES RECORDS MAY BE PROVIDED AS FOLLOWS:

(1) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO A COURT OF COMPETENT JURISDICTION OR TO ANOTHER PARTY PURSUANT TO A COURT ORDER.

A SUBPOENA SHALL NOT BE A COURT ORDER FOR PURPOSES OF THIS SECTION.

(2) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO LAW ENFORCEMENT OFFICIALS OR A CORONER IF THE INFORMATION IS RELEVANT TO THE OFFICIAL'S OR CORONER'S INVESTIGATION OF ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT OR DEATH OF THE OLDER ADULT.

(3) IN ARRANGING SPECIFIC SERVICES TO CARRY OUT SERVICE PLANS, THE AREA AGENCY ON AGING MAY DISCLOSE INFORMATION TO APPROPRIATE SERVICE PROVIDERS AS MAY BE NECESSARY TO INITIATE THE DELIVERY OF SERVICES.

(4) THE OLDER ADULT WHO IS THE SUBJECT OF A REPORT OR THE OLDER ADULT'S GUARDIAN, IF THE GUARDIAN IS NOT NAMED AS A PERPETRATOR IN THE REPORT, MAY RECEIVE, UPON WRITTEN REQUEST, A SUMMARY OF THE REPORT OF NEED EXCEPT INFORMATION THAT WOULD IDENTIFY THE PERSON WHO MADE A REPORT OF SUSPECTED ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT OR PERSONS WHO COOPERATED IN A SUBSEQUENT INVESTIGATION.

20170SB0899PN1906 - 63 - (5) A PERSON WHO MADE A REPORT OF SUSPECTED ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT MAY RECEIVE, UPON WRITTEN REQUEST, CONFIRMATION FROM THE DEPARTMENT THAT THE REPORT WAS RECEIVED AND THE AREA AGENCY ON AGING IS ACTING IN ACCORDANCE WITH THIS SUBCHAPTER.

(6) FOR THE PURPOSES OF MONITORING AGENCY PERFORMANCE OR CONDUCTING OTHER OFFICIAL DUTIES, APPROPRIATE STAFF OF THE DEPARTMENT, AS DESIGNATED BY THE SECRETARY OF AGING, MAY ACCESS PROTECTIVE SERVICES RECORDS.

(7) THE DEPARTMENT OR THE AREA AGENCY ON AGING MAY COLLABORATE OR SHARE INFORMATION INCLUDED IN PROTECTIVE SERVICES RECORDS WITH COMMONWEALTH AGENCIES FOR PURPOSES OF OFFICIAL COMMONWEALTH BUSINESS.

(8) THE DEPARTMENT OR THE AREA AGENCY ON AGING MAY SHARE A SUMMARY OF PROTECTIVE SERVICES INFORMATION WITH ANOTHER AREA AGENCY ON AGING THAT IS PERFORMING RESPONSIBILITIES UNDER THIS SUBCHAPTER RELEVANT TO OLDER ADULTS WITHIN THE AREA AGENCY ON AGING'S JURISDICTION.

(9) AN EMPLOYEE OF AN AGENCY OF ANOTHER STATE WHO PERFORMS OLDER ADULT PROTECTIVE SERVICES SIMILAR TO THOSE UNDER THIS SUBCHAPTER MAY ACCESS A SUMMARY OF PROTECTIVE SERVICES INFORMATION RELEVANT TO OLDER ADULTS WITHIN THE AREA AGENCY ON AGING'S JURISDICTION.

(10) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO A HEALTH CARE PROVIDER WHO IS EXAMINING OR TREATING THE OLDER ADULT AND WHO SUSPECTS THAT THE OLDER ADULT IS IN NEED OF PROTECTION UNDER THIS SUBCHAPTER.

(11) PROTECTIVE SERVICES RECORDS MAY BE PROVIDED TO THE DIRECTOR, OR AN INDIVIDUAL SPECIFICALLY DESIGNATED IN WRITING BY THE DIRECTOR, OF A HOSPITAL OR OTHER MEDICAL INSTITUTION 20170SB0899PN1906 - 64 - WHERE THE OLDER ADULT IS BEING TREATED IF THE DIRECTOR OR DESIGNEE SUSPECTS THAT THE RECIPIENT IS IN NEED OF PROTECTION UNDER THIS CHAPTER.

(12) UNLESS PROHIBITED BY FEDERAL LAW, PROTECTIVE SERVICES RECORDS RELATING TO FINANCIAL EXPLOITATION MAY BE PROVIDED TO A FINANCIAL INSTITUTION OR FIDUCIARY AS NECESSARY TO EXERCISE THE AUTHORITY TO PROHIBIT DISBURSEMENT OF FUNDS AND TRANSACTIONS PROVIDED UNDER SECTION 6952 (RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

SUBCHAPTER E REPORTING SEC.

6940.

VOLUNTARY REPORTING.

6941.

MANDATORY REPORTING.

6942.

MANDATORY REPORTING TO LAW ENFORCEMENT OFFICIALS AND DEPARTMENT.

6943.

CONTENTS OF REPORTS.

6944.

MANDATORY REPORTER TRAINING.

6945.

CORONER.

6946.

PROTECTING IDENTITY OF REPORTER AND COOPERATING WITNESSES.

§ 6940.

VOLUNTARY REPORTING.

A PERSON HAVING REASONABLE CAUSE TO BELIEVE THAT AN OLDER ADULT MAY BE A VICTIM OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT MAY REPORT THE INFORMATION TO THE AREA AGENCY ON AGING.

§ 6941.

MANDATORY REPORTING.

A MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO SUSPECT THAT AN OLDER ADULT MAY BE A VICTIM OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT SHALL IMMEDIATELY MAKE AN ORAL REPORT TO THE AREA 20170SB0899PN1906 - 65 - AGENCY ON AGING.

IF APPLICABLE, THE AREA AGENCY ON AGING SHALL ADVISE THE MANDATORY REPORTER OF ADDITIONAL REPORTING REQUIREMENTS THAT MAY APPLY UNDER SECTION 6942 (RELATING TO MANDATORY REPORTING TO LAW ENFORCEMENT OFFICIALS AND DEPARTMENT).

WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE MANDATORY REPORTER SHALL MAKE A WRITTEN REPORT TO THE AREA AGENCY ON AGING.

§ 6942.

MANDATORY REPORTING TO LAW ENFORCEMENT OFFICIALS AND DEPARTMENT.

IN ADDITION TO THE REPORT UNDER SECTION 6941 (RELATING TO MANDATORY REPORTING), A MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO SUSPECT THAT AN OLDER ADULT MAY BE A VICTIM OF SUSPICIOUS DEATH, SERIOUS BODILY INJURY OR SEXUAL ABUSE SHALL IMMEDIATELY CONTACT LAW ENFORCEMENT OFFICIALS AND THE DEPARTMENT TO MAKE AN ORAL REPORT.

WITHIN 48 HOURS OF MAKING THE ORAL REPORT, THE MANDATORY REPORTER SHALL MAKE A WRITTEN REPORT TO APPROPRIATE LAW ENFORCEMENT OFFICIALS AND TO THE AREA AGENCY ON AGING.

THE AREA AGENCY ON AGING SHALL FORWARD THE REPORT TO THE DEPARTMENT WITHIN 48 HOURS OF RECEIPT.

§ 6943.

CONTENTS OF REPORTS.

A WRITTEN MANDATORY REPORT UNDER THIS SECTION SHALL BE IN A MANNER AND ON FORMS PRESCRIBED BY THE DEPARTMENT.

AT A MINIMUM, THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION, AS WELL AS ANYTHING ADDITIONAL REQUIRED BY REGULATION:

(1) NAME, AGE, SEX AND ADDRESS OF THE OLDER ADULT.

(2) NAME AND ADDRESS OF THE OLDER ADULT'S LEGAL REPRESENTATIVE OR NEXT OF KIN.

(3) NAME AND ADDRESS OF THE FACILITY, IF APPLICABLE.

(4) NATURE AND LOCATION OF THE REPORTED INCIDENT AND ANY SPECIFIC COMMENTS OR OBSERVATIONS DIRECTLY RELATED TO THE 20170SB0899PN1906 - 66 - ALLEGED INCIDENT AND THE OLDER ADULT INVOLVED.

(5) ANY RELEVANT INFORMATION KNOWN RELATED TO THE IDENTITY OF THE ALLEGED PERPETRATOR, INCLUDING, BUT NOT LIMITED TO, NAME, AGE, SEX AND RELATIONSHIP TO THE OLDER ADULT.

(6) NAME OF THE INDIVIDUAL MAKING THE REPORT, CONTACT INFORMATION FOR THE REPORTER AND INFORMATION REGARDING ANY ACTIONS TAKEN BY THE REPORTER IN RESPONSE TO THE INCIDENT.

§ 6944.

MANDATORY REPORTER TRAINING.

MANDATORY REPORTERS SHALL BE TRAINED BY EITHER THE DEPARTMENT OR AN AGENT OF THE DEPARTMENT ON THE REQUIREMENTS TO REPORT IDENTIFIED WITHIN THIS SUBCHAPTER.

§ 6945.

CORONER.

IF THERE IS REASONABLE CAUSE TO SUSPECT THAT AN OLDER ADULT DIED AS A RESULT OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, THE AREA AGENCY ON AGING SHALL GIVE THE ORAL REPORT AND FORWARD A COPY OF THE WRITTEN REPORT TO THE APPROPRIATE CORONER WITHIN 24 HOURS.

§ 6946.

PROTECTING IDENTITY OF REPORTER AND COOPERATING WITNESSES.

(A) PROHIBITION.--EXCEPT FOR DISCLOSURES TO LAW ENFORCEMENT OFFICIALS, THE RELEASE OF RECORDS THAT WOULD IDENTIFY THE INDIVIDUAL WHO MADE A REPORT UNDER THIS SUBCHAPTER OR AN INDIVIDUAL WHO COOPERATED IN A SUBSEQUENT INVESTIGATION IS PROHIBITED.

(B) IDENTITY PROTECTION.--IF RECORDS ARE PROVIDED PURSUANT TO A COURT ORDER, THE IDENTITY OF THE REPORTER AND COOPERATING WITNESSES SHALL BE DELETED, UNLESS OTHERWISE ORDERED BY THE COURT AFTER AN IN-CAMERA REVIEW.

SUBCHAPTER F 20170SB0899PN1906 - 67 - FINANCIAL INSTITUTIONS AND FIDUCIARIES SEC.

6950.

REPORTING FINANCIAL EXPLOITATION.

6951.

FINANCIAL SERVICES PROVIDER TRAINING.

6952.

DISBURSEMENT OF FUNDS AND TRANSACTIONS.

6953.

IMMUNITY AND DEFENSES.

§ 6950.

REPORTING FINANCIAL EXPLOITATION.

NOTWITHSTANDING ANY LAW LIMITING OR PROHIBITING DISCLOSURE, EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW, A FINANCIAL SERVICES PROVIDER, INCLUDING A DESIGNATED EMPLOYEE OF A FINANCIAL SERVICES PROVIDER, MAY REPORT FINANCIAL EXPLOITATION IF THE EMPLOYEE REASONABLY BELIEVES THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED.

§ 6951.

FINANCIAL SERVICES PROVIDER TRAINING.

(A) REQUIREMENT.--A FINANCIAL SERVICES PROVIDER WITH EMPLOYEES IN THIS COMMONWEALTH OR WITH EMPLOYEES REGULARLY ENGAGING IN FINANCIAL TRANSACTIONS WITH OR ON BEHALF OF OLDER ADULTS IN THIS COMMONWEALTH SHALL PROVIDE TRAINING TO EMPLOYEES WHO HAVE DIRECT CONTACT WITH OLDER ADULTS AND CONDUCT FINANCIAL TRANSACTIONS FOR OR ON BEHALF OF OLDER ADULTS.

(B) PROGRAM.--THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF BANKING AND SECURITIES AND REPRESENTATIVES OF THE FINANCIAL SERVICES INDUSTRY, MAY ESTABLISH A MODEL TRAINING PROGRAM FOR EMPLOYEES OF FINANCIAL SERVICES PROVIDERS REGARDING THE IDENTIFICATION AND PREVENTION OF FINANCIAL EXPLOITATION OF OLDER ADULTS AND ON PROCEDURES TO PROVIDE RELIEF TO OLDER ADULTS FROM FINANCIAL EXPLOITATION, INCLUDING TRAINING REGARDING THE FOLLOWING:

(1) WHEN TO REPORT SUSPECTED FINANCIAL EXPLOITATION.

20170SB0899PN1906 - 68 - (2) TO WHOM SUSPECTED EXPLOITATION SHOULD BE REPORTED.

(3) THE INFORMATION TO BE INCLUDED IN A REPORT.

(4) THE APPLICABLE LAWS, RULES AND REGULATIONS THAT MUST BE FOLLOWED WHILE REPORTING SUSPECTED FINANCIAL EXPLOITATION.

(C) INFORMATION.--THE FINANCIAL SERVICES PROVIDER TRAINING SHALL INCLUDE INFORMATION THAT:

(1) ASSISTS EMPLOYEES IN RECOGNIZING SIGNS OF POTENTIAL FINANCIAL ABUSE OF AN OLDER ADULT, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(I) UNUSUAL ACTIVITY IN AN OLDER ADULT'S RETIREMENT ACCOUNT, BROKERAGE ACCOUNT OR OTHER ACCOUNTS MANAGED BY AN AGENT OR INVESTMENT ADVISER REPRESENTATIVE OR DEPOSIT ACCOUNT.

(II) AUTOMATED TELLER MACHINE WITHDRAWALS BY AN OLDER ADULT WHO PREVIOUSLY NEVER USED AN AUTOMATED TELLER MACHINE OR DEBIT CARD.

(III) SUSPICIOUS SIGNATURES ON CHECKS.

(2) INFORMS EMPLOYEES ABOUT THE APPLICABLE PROVISIONS OF THIS CHAPTER AND THE PROCESS THAT EMPLOYEES SHOULD USE IF MAKING AN ABUSE REPORT OR A REPORT OF NEED FOR PROTECTIVE SERVICES.

(D) COMPLIANCE.--A FINANCIAL SERVICES PROVIDER SHALL BE DEEMED IN COMPLIANCE WITH THIS SECTION IF THE PROVIDER USES A MODEL TRAINING PROGRAM ESTABLISHED BY THE DEPARTMENT OR IS SUBJECT TO VISITORIAL EXAMINATION BY A REGULATORY AUTHORITY THAT REQUIRES EMPLOYEE TRAINING TO CONTROL FRAUD OR MONEY LAUNDERING AND INCORPORATES THE ACTIVITIES REQUIRED UNDER SUBSECTIONS (B) AND (C) INTO ITS TRAINING PROGRAM.

§ 6952.

DISBURSEMENT OF FUNDS AND TRANSACTIONS.

(A) REASONABLE BELIEF.--IF A FINANCIAL SERVICES PROVIDER OR 20170SB0899PN1906 - 69 - FIDUCIARY REASONABLY BELIEVES, AFTER INITIATING AN INTERNAL REVIEW OF A DISBURSEMENT OR TRANSACTION, THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED, THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY MAY REFUSE TO DISBURSE FUNDS OR ENGAGE IN A TRANSACTION, AS APPROPRIATE, TO PREVENT FINANCIAL EXPLOITATION OF AN OLDER ADULT WITH RESPECT TO THE FOLLOWING ACCOUNTS:

(1) AN ACCOUNT OF THE OLDER ADULT.

(2) AN ACCOUNT ON WHICH THE OLDER ADULT IS A BENEFICIARY, INCLUDING A TRUST OR GUARDIANSHIP ACCOUNT.

(3) AN ACCOUNT OF A PERSON SUSPECTED OF PERPETRATING FINANCIAL EXPLOITATION OF AN OLDER ADULT.

(B) AREA AGENCY ON AGING OR LAW ENFORCEMENT.--A FINANCIAL SERVICES PROVIDER OR FIDUCIARY MAY REFUSE TO DISBURSE FUNDS OR ENGAGE IN A TRANSACTION UNDER THIS SECTION IF AN AREA AGENCY ON AGING OR LAW ENFORCEMENT OFFICIAL PROVIDES INFORMATION TO THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY DEMONSTRATING THAT IT IS REASONABLE TO BELIEVE THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED.

(C) DISCRETION.--A FINANCIAL SERVICES PROVIDER OR FIDUCIARY SHALL NOT BE REQUIRED TO REFUSE TO DISBURSE FUNDS OR ENGAGE IN A TRANSACTION WHEN PROVIDED WITH INFORMATION ALLEGING THAT FINANCIAL EXPLOITATION MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED, BUT MAY USE ITS DISCRETION TO DETERMINE WHETHER TO REFUSE TO DISBURSE FUNDS BASED ON THE INFORMATION AVAILABLE TO THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY.

(D) DUTIES.--EXCEPT AS PROVIDED BY FEDERAL OR STATE LAW, A FINANCIAL SERVICES PROVIDER OR FIDUCIARY THAT REFUSES TO 20170SB0899PN1906 - 70 - DISBURSE FUNDS OR ENGAGE IN A TRANSACTION BASED ON A REASONABLE BELIEF THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED SHALL:

(1) MAKE A REASONABLE EFFORT TO NOTIFY, ORALLY OR IN WRITING, EACH PERSON AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT, THAT IS A BENEFICIARY OF THE ACCOUNT OR THAT HAS BEEN AUTHORIZED BY THE OLDER ADULT TO RECEIVE NOTIFICATIONS REGARDING ACCOUNT ACTIVITY, EXCEPT FOR A PERSON REASONABLY BELIEVED TO HAVE ENGAGED IN SUSPECTED OR ATTEMPTED FINANCIAL EXPLOITATION OF THE OLDER ADULT.

A NOTIFICATION SHALL BE SUFFICIENT IF IT PROVIDES THE FOLLOWING:

(I) NOTICE THAT THE FINANCIAL INSTITUTION OR FIDUCIARY HAS TEMPORARILY BLOCKED THE DISBURSEMENT OF FUNDS OR DELAYED THE EXECUTION OF TRANSACTIONS AS AUTHORIZED UNDER SECTION 6950 (RELATING TO REPORTING FINANCIAL EXPLOITATION).

(II) THE NAME OF THE FINANCIAL INSTITUTION OR FIDUCIARY.

(III) THE ACCOUNT OR TRANSACTION TO WHICH THE NOTIFICATION APPLIES.

(IV) THE NAME AND PHONE NUMBER OF A CONTACT PERSON REPRESENTING THE FINANCIAL INSTITUTION OR FIDUCIARY.

(V) THE PHONE NUMBER OF THE AREA AGENCY ON AGING OR LAW ENFORCEMENT OFFICIAL TO WHICH A REPORT HAS BEEN PROVIDED.

(2) IMMEDIATELY MAKE AN ORAL REPORT TO THE AGENCY.

WITHIN TWO BUSINESS DAYS OF MAKING AN ORAL REPORT, THE FINANCIAL SERVICES PROVIDER SHALL MAKE A WRITTEN REPORT TO THE AREA AGENCY ON AGING.

(E) EXPIRATION.--A REFUSAL TO DISBURSE FUNDS OR ENGAGE IN A 20170SB0899PN1906 - 71 - TRANSACTION AS AUTHORIZED BY THIS SECTION BASED ON THE REASONABLE BELIEF OF A FINANCIAL SERVICES PROVIDER THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED SHALL EXPIRE UPON THE SOONER OF THE FOLLOWING:

(1) FIFTEEN BUSINESS DAYS AFTER THE DATE ON WHICH THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY FIRST REFUSED TO DISBURSE THE FUNDS OR ENGAGE IN THE TRANSACTION, UNLESS TERMINATED OR EXTENDED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION, A LAW ENFORCEMENT OFFICIAL, THE DEPARTMENT OR AN AREA AGENCY ON AGING.

AN ADDITIONAL 10 BUSINESS DAYS SHALL BE PERMITTED, IF REQUESTED BY A LAW ENFORCEMENT OFFICIAL, THE DEPARTMENT OR AN AREA AGENCY ON AGING, FOLLOWING THE SUBMISSION OF A PETITION FOR A COURT ORDER FURTHER EXTENDING THE TIME PERIOD.

(2) EXCEPT AS PROVIDED UNDER PARAGRAPH (1), THE TIME WHEN THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY IS SATISFIED THAT THE DISBURSEMENT WILL NOT RESULT IN FINANCIAL EXPLOITATION OF AN OLDER ADULT.

(F) ORDER.--A COURT OF COMPETENT JURISDICTION MAY ENTER AN ORDER EXTENDING THE REFUSAL BY THE FINANCIAL SERVICES PROVIDER OR FIDUCIARY TO DISBURSE FUNDS OR ENGAGE IN A TRANSACTION BASED ON A REASONABLE BELIEF THAT FINANCIAL EXPLOITATION OF AN OLDER ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED OR IS BEING ATTEMPTED.

A COURT OF COMPETENT JURISDICTION MAY ALSO ORDER OTHER PROTECTIVE RELIEF AS AUTHORIZED.

§ 6953.

IMMUNITY AND DEFENSES.

(A) IMMUNITY.--EXCEPT AS PROVIDED UNDER SUBSECTION (C), A FINANCIAL SERVICES PROVIDER OR FIDUCIARY AND ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE SUBJECT TO A CLAIM 20170SB0899PN1906 - 72 - FOR DAMAGES OR OTHER CIVIL OR CRIMINAL LIABILITY FOR THE FOLLOWING:

(1) THE IDENTIFICATION OR FAILURE TO IDENTIFY THE FINANCIAL EXPLOITATION OF AN OLDER ADULT.

(2) A DECISION TO MAKE A REPORT OR NOT MAKE A REPORT UNDER THIS CHAPTER.

(3) A DECISION TO ALLOW THE DISBURSEMENT OF FUNDS OR ENGAGE IN A TRANSACTION UNDER THIS CHAPTER.

(4) A REFUSAL TO DISBURSE FUNDS OR ENGAGE IN A TRANSACTION UNDER THIS CHAPTER.

(5) THE RELEASE OF INFORMATION TO A LAW ENFORCEMENT OFFICIAL, THE DEPARTMENT OR AN AREA AGENCY ON AGING AS AUTHORIZED BY THIS CHAPTER.

(6) THE PROVISION OF A NOTICE UNDER SECTION 6952 (RELATING TO DISBURSEMENT OF FUNDS AND TRANSACTIONS).

(B) ADDITIONAL IMMUNITIES AND DEFENSES.--NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY:

(1) THE REFUSAL BY A FINANCIAL SERVICES PROVIDER TO ENGAGE IN A TRANSACTION AUTHORIZED UNDER THIS SUBSECTION SHALL NOT CONSTITUTE THE WRONGFUL DISHONOR OF AN ITEM UNDER 13 PA.C.S.

§ 4402 (RELATING TO LIABILITY OF BANK TO CUSTOMER FOR WRONGFUL DISHONOR;

TIME OF DETERMINING INSUFFICIENCY OF ACCOUNT).

(2) A REASONABLE BELIEF THAT PAYMENT OF A CHECK WILL FACILITATE THE FINANCIAL EXPLOITATION OF AN OLDER ADULT SHALL CONSTITUTE REASONABLE GROUNDS TO DOUBT THE COLLECTABILITY OF THE ITEM FOR PURPOSES OF THE EXPEDITED FUNDS AVAILABILITY ACT (PUBLIC LAW 100-86, 12 U.S.C.

§ 4001 ET SEQ.), THE CHECK CLEARING FOR THE 21ST CENTURY ACT (PUBLIC LAW 108-100, 12 U.S.C.

§ 5001 ET SEQ.) AND 12 CFR PT.

229 (RELATING TO 20170SB0899PN1906 - 73 - AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS).

(C) LIMITATION.--THE IMMUNITIES AND DEFENSES PROVIDED UNDER THIS SECTION SHALL NOT APPLY TO A DIRECTOR, OFFICER, EMPLOYEE OR AGENT INVOLVED IN THE FINANCIAL EXPLOITATION OF AN OLDER ADULT.

SUBCHAPTER G CRIMINAL HISTORY SEC.

6960.

CRIMINAL HISTORY.

6961.

GROUNDS FOR DENYING EMPLOYMENT.

6962.

PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.

§ 6960.

CRIMINAL HISTORY.

(A) GENERAL RULE.--A FACILITY SHALL REQUIRE AN INDIVIDUAL UNDER SUBSECTION (B) TO SUBMIT THE FOLLOWING INFORMATION, WHICH MUST HAVE BEEN OBTAINED WITHIN THE PRECEDING ONE-YEAR PERIOD:

(1) UNDER 18 PA.C.S.

CH.

91 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY RECORD INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE CENTRAL REPOSITORY CONTAINS NO INFORMATION RELATING TO THAT PERSON.

THE CRIMINAL HISTORY RECORD INFORMATION SHALL BE LIMITED TO THAT WHICH IS DISSEMINATED UNDER 18 PA.C.S.

§ 9121(B)(2) (RELATING TO GENERAL REGULATIONS).

(2) A REPORT OF FEDERAL CRIMINAL HISTORY RECORD INFORMATION PURSUANT TO THE FEDERAL BUREAU OF INVESTIGATION'S APPROPRIATION UNDER THE DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION ACT, 1973 (PUBLIC LAW 92-544, 86 STAT.

1109).