Bill Text: PA HB893 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for background checks for applicants and recipients and for rulemaking authority.

Spectrum: Moderate Partisan Bill (Democrat 24-7)

Status: (Introduced - Dead) 2011-03-02 - Referred to AGING AND OLDER ADULT SERVICES [HB893 Detail]

Download: Pennsylvania-2011-HB893-Introduced.html

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PRINTER'S NO. 949
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 893 Session of2011
INTRODUCED BY K. SMITH, B. BOYLE, BRENNAN, CALTAGIRONE, CARROLL, D. COSTA, DEASY, DeLUCA, DERMODY, FLECK, GEORGE, GOODMAN, HARHAI, HORNAMAN, JOSEPHS, KORTZ, KULA, MAHONEY, MANN, MICOZZIE, MILLER, MOUL, MULLERY, MURPHY, M. O'BRIEN, READSHAW, REICHLEY, VULAKOVICH AND YOUNGBLOOD, MARCH 2, 2011
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 2, 2011
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," providing for background checks for
applicants and recipients and for rulemaking authority.
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. Background checks for applicants and recipients.
(a) Applicants.--
(1) Prior to the admission of an applicant to a
facility, the facility shall perform a search for the
applicant's name on the Pennsylvania State Police registry of
offenders and sexually violent predators established in 42
Pa.C.S. § 9798.1 (relating to information made available on
the Internet).
(2) Prior to the admission of an applicant who
previously resided outside this Commonwealth, to a facility,
the facility shall perform a search for the applicant's name
on the Dru Sjodin National Sex Offender Public Website,
established under section 120 of the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248, 120
Stat. 597).
(b) Recipients.--Within 30 days of the effective date of
this section, the facility shall search:
(1) The Pennsylvania State Police registry of offenders
and sexually violent predators established under 42 Pa.C.S. §
9798.1 using the names of its recipients as search criteria.
(2) The Dru Sjodin National Sex Offender Public Website
established under section 120 of the Adam Walsh Child
Protection and Safety Act of 2006 using the names of its
recipients who previously resided outside this Commonwealth
as search criteria.
(c) Notification.--The facility shall notify its licensing
agency if it finds an applicant or recipient listed on either:
(1) the Pennsylvania State Police registry of offenders
and sexually violent predators established under 42 Pa.C.S. §
9798.1; or
(2) the Dru Sjodin National Sex Offender Public Website
established under section 120 of the Adam Walsh Child
Protection and Safety Act of 2006.
(d) Regulations.--The licensing agency shall promulgate
regulations specifying:
(1) The type of notification to be given to recipients
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and their caretakers if the name of a recipient is found in a
registry during a search performed under subsection (a) or
(b).
(2) A safety plan for the protection of the recipients.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Facility." Any of the following:
(1) A person or entity providing 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) A long-term care nursing facility 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.
(3) 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.
(4) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
(5) An assisted living residence as defined in section
1001 of the Public Welfare Code.
"Licensing agency." The State or local agency responsible
for licensing the facility or promulgating regulations governing
the facility.
Section 2. This act shall take effect in 60 days.
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