Pennsylvania 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.

Bill Text

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
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," 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of November 6, 1987
(P.L.381, No.79), known as the Older Adults Protective Services
Act, is amended to read:
AN ACT
Relating to the protection of the abused[, neglected, exploited
or abandoned elderly; establishing] older adults; providing
for a uniform Statewide reporting and investigative system
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

for suspected abuse[, neglect, exploitation or abandonment]
of [the elderly] older adults; providing protective services;
providing for funding; and making repeals.
Section 2. Chapter 1 of the act is repealed:
[CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Older Adults
Protective Services Act.
Section 102. Legislative policy.
It is declared the policy of the Commonwealth of Pennsylvania
that older adults who lack the capacity to protect themselves
and are at imminent risk of abuse, neglect, exploitation or
abandonment shall have access to and be provided with services
necessary to protect their health, safety and welfare. It is not
the purpose of this act to place restrictions upon the personal
liberty of incapacitated older adults, but this act should be
liberally construed to assure the availability of protective
services to all older adults in need of them. Such services
shall safeguard the rights of incapacitated older adults while
protecting them from abuse, neglect, exploitation and
abandonment. It is the intent of the General Assembly to provide
for the detection and reduction, correction or elimination of
abuse, neglect, exploitation and abandonment, and to establish a
program of protective services for older adults in need of them.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandonment." The desertion of an older adult by a
20250HB1611PN1925 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

caretaker.
"Abuse." The occurrence of one or more of the following
acts:
(1) The infliction of injury, unreasonable confinement,
intimidation or punishment with resulting 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 harassment, rape or abuse, as defined in the
act of October 7, 1976 (P.L.1090, No.218), known as the
Protection From Abuse Act.
No older adult shall be found to be abused 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.
"Administrator." The person responsible for the
administration of a facility. The term includes a person
responsible for employment decisions or an independent
contractor.
"Agency." The local provider of protective services, which
is the area agency on aging or the agency designated by the area
agency on aging to provide protective services in the area
agency's planning and service area.
"Care." Services provided to meet a person's need for
personal care or health care. Services may include homemaker
services, assistance with activities of daily living, physical
therapy, occupational therapy, speech therapy, medical social
services, home-care aide services, companion-care services,
private duty nursing services, respiratory therapy, intravenous
20250HB1611PN1925 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

therapy, in-home dialysis and durable medical equipment
services, which are routinely provided unsupervised and which
require interaction with the care-dependent person. The term