PRINTER'S NO. 721
No. 620 Session of 2003
INTRODUCED BY PALLONE, BEBKO-JONES, BELFANTI, BISHOP, BROWNE, CAWLEY, CORRIGAN, CRUZ, DALEY, DeWEESE, EACHUS, FRANKEL, FREEMAN, GEORGE, GOODMAN, GRUCELA, HARHAI, HENNESSEY, HORSEY, JOSEPHS, MELIO, MYERS, PISTELLA, PRESTON, SHANER, SOLOBAY, TANGRETTI, TRAVAGLIO, WALKO, WASHINGTON, YOUNGBLOOD AND YUDICHAK, MARCH 3, 2003
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 3, 2003
AN ACT 1 Providing for a long-term care death and abuse resource team; 2 imposing duties on the Department of Aging and the Department 3 of Health; imposing penalties; and establishing the Long-term 4 Care Death and Abuse Resource Fund. 5 The General Assembly finds and declares as follows: 6 (1) Every resident in a long-term care facility is 7 entitled to live in a safe and healthy environment. 8 (2) Responding to abuse or abuse that results in the 9 death of a resident in a long-term care facility is the 10 responsibility of not only the Commonwealth but also the 11 community. 12 (3) When a resident is abused or dies from suspected 13 abuse in a long-term care facility, the response by the 14 Commonwealth and the community shall include an accurate and 15 complete determination of the cause of death and the 16 development and implementation of measures to prevent future
1 deaths from similar causes. 2 (4) When a resident is abused or dies from suspected 3 abuse in a long-term care facility, the response from the 4 Commonwealth and the community may include court action, 5 including prosecution of persons who may be responsible for 6 the abuse or death and the request for an injunction to close 7 the long-term care facility and the transfer of the other 8 residents for their protection. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Short title. 12 This act shall be known and may be cited as the Long-term 13 Care Death and Abuse Resource Team Act. 14 Section 2. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Abuse." Any conduct as defined in the act of November 6, 19 1987 (P.L.381, No.79), known as the Older Adults Protective 20 Services Act, that results in the death of a resident in a 21 facility. 22 "Facility." As defined in the act of November 6, 1987 23 (P.L.381, No.79), known as the Older Adults Protective Services 24 Act, the term includes any of the following: 25 (1) A home which provides "domiciliary care" as defined 26 in section 2202-A of the act of April 9, 1929 (P.L.177, 27 No.175), known as The Administrative Code of 1929. 28 (2) A "home health care agency" as defined in the Older 29 Adults Protective Services Act. 30 (3) A "long-term care nursing facility" as defined in 20030H0620B0721 - 2 -
1 section 802.1 of the act of July 19, 1979 (P.L.130, No.48), 2 known as the Health Care Facilities Act. 3 (4) An "older adult daily living center" as defined in 4 section 2 of the act of July 11, 1990 (P.L.499, No.118), 5 known as the Older Adult Daily Living Centers Licensing Act. 6 (5) A "personal care home" as defined in section 1001 of 7 the act of June 13, 1967 (P.L.31, No.21), known as the Public 8 Welfare Code. 9 "Resident." A person receiving services in a facility. The 10 term also includes that resident's attorney-in-fact, guardian or 11 other legal representative acting within the scope of that 12 person's authority. 13 "Team." The Pennsylvania Long-term Care Death and Abuse 14 Resource Team. 15 Section 3. Initiation of request. 16 (a) Request for team.--Upon a reasonable finding that a 17 resident was abused or that a resident's death was the result of 18 abuse, a district attorney or a coroner may contact the 19 chairperson of the local team and request the local team to 20 assist in investigating the initial finding of the district 21 attorney or coroner. 22 (b) Notification of local team assistance.--If a coroner 23 requests the assistance of the local team, the district 24 attorney's office in the county in which the abuse or death 25 occurred must be notified of the coroner's request. 26 Section 4. Pennsylvania Long-term Care Death and Abuse Resource 27 Team; membership; duties. 28 (a) Establishment.--There is hereby established the 29 Pennsylvania Long-term Care Death and Abuse Resource Team in the 30 Department of Aging. The team shall be composed of the following 20030H0620B0721 - 3 -
1 individuals or individuals' designees: 2 (1) The Secretary of Aging. 3 (2) The Secretary of Health. 4 (3) The Secretary of Public Welfare. 5 (4) The Attorney General. 6 (5) The Long-term Care Ombudsman. 7 (b) Composition.--The Governor shall appoint the following 8 members to serve staggered three-year terms: 9 (1) A representative from the Statewide district 10 attorney's association. 11 (2) A coroner. 12 (3) A forensic pathologist. 13 (4) A representative of a Statewide law enforcement 14 association who has a background in homicide investigations. 15 (5) A gerontologist. 16 (6) A representative of an association representing 17 individuals with disabilities. 18 (7) A representative from the domiciliary care home 19 industry, home health care industry, nursing home industry, 20 personal care home industry and adult daily living center 21 association. 22 (8) A representative from a Statewide hospital 23 association. 24 (9) A representative from a Statewide psychiatric 25 association. 26 (10) A public member. 27 (c) Meetings.--Members shall meet at least twice a year or 28 at the call of the chairperson. 29 (d) Duties.--Beginning no later than January 1, 2003, the 30 State team shall: 20030H0620B0721 - 4 -
1 (1) Develop a Statewide long-term care death and abuse 2 data collection system. 3 (2) Provide training to cooperating agencies, 4 individuals and local teams on the use of the Statewide long- 5 term care death and abuse resource data collection system. 6 (3) Conduct an annual statistical report on the 7 incidences and causes of long-term care abuse and death in 8 this Commonwealth during the past year and submit a copy of 9 this report, including its recommendations for action, to the 10 Governor and the General Assembly. The team shall submit this 11 report on or before December 15 of each year. 12 (4) Develop standards and protocols for local teams and 13 provide training and technical assistance to these teams. 14 (5) Develop protocols for local team investigations, 15 including suggested protocols for law enforcement agencies, 16 prosecutors, coroners, health care facilities and social 17 service agencies. 18 (6) Study the adequacy of statutes, ordinances, rules, 19 training and services to determine what changes are needed to 20 decrease the incidences of preventable long-term care abuse 21 and abuse that results in death and, as appropriate, take 22 steps to implement these changes. 23 (7) Educate the public regarding the incidences and 24 causes of long-term care abuse and abuse that results in 25 death as well as the public's role in preventing these abuses 26 and deaths. 27 (8) Designate a team chairperson. 28 (9) Develop and distribute an informational brochure 29 which describes the purpose, function and authority of local 30 teams. The brochure shall be available at the offices of the 20030H0620B0721 - 5 -
1 Department of Aging, the Department of Health, the Department 2 of Public Welfare and the local area agency on aging. 3 (e) No compensation.--State team members are not eligible to 4 receive compensation. 5 (f) Department of Aging.--The Department of Aging shall 6 provide professional and administrative support to the State 7 team. 8 Section 5. Local long-term care death and abuse resource teams; 9 membership; duties. 10 (a) General rule.--Local teams shall abide by the standards 11 and protocols developed by the State team. Local teams shall be 12 composed of the following individuals or individuals' designees: 13 (1) A representative from the local area agency on 14 aging. 15 (2) A representative from the county health department. 16 (3) A representative from the county public welfare 17 office. 18 (4) A local long-term care ombudsman. 19 (b) Appointments by chairperson.--The chairperson of the 20 local team shall appoint the following members of the local team 21 to staggered three-year terms: 22 (1) A psychiatrist licensed in this Commonwealth. 23 (2) A representative from a local law enforcement 24 agency. 25 (3) A gerontologist. 26 (4) A representative of a local hospital or trauma 27 center. 28 (5) A public member. 29 (c) Chairperson.--The representative of the local area 30 agency on aging shall serve as the chairperson of the local 20030H0620B0721 - 6 -
1 team. 2 (d) Duties.--Local teams shall: 3 (1) Assist the State team in collecting local data on 4 long-term care abuse and cases of abuse that result in death. 5 (2) Submit written reports to the State team as directed 6 by that team. These reports shall include nonidentifying 7 information on individual cases and steps taken by the local 8 team to implement necessary changes and improve the 9 coordination of services and investigations. 10 (3) Report findings to the district attorney's office in 11 the county in which the abuse or abuse that resulted in death 12 occurred so that the district attorney may take appropriate 13 court action to protect the residents remaining in the 14 facility. 15 (4) Report findings to the coroner's office in the 16 county in which the abuse or abuse that resulted in death 17 occurred, as well as the district attorney's office in the 18 same county, if the coroner's office requested the assistance 19 of the local team. 20 (e) Meetings.--Members shall meet at least twice a year or 21 at the call of the chairperson. 22 (f) No compensation.--Local team members are not eligible to 23 receive compensation. 24 (g) Local area agencies on aging.--A local team shall be 25 established in each designated area agency on aging. The area 26 agency on aging shall provide professional and administrative 27 support to the local teams. 28 Section 6. Access to information; confidentiality; violation; 29 classification. 30 (a) Information.--Upon request of the chairperson of a local 20030H0620B0721 - 7 -
1 team and as necessary to carry out the team's duties, the 2 chairperson shall be provided within five days, excluding 3 weekends and holidays, with access to information and records 4 regarding a resident who was reported to the team as abused or 5 whose death is being reviewed by the local team, or information 6 and records regarding the resident's family: 7 (1) From a provider of medical, dental or mental health 8 care. 9 (2) From the Commonwealth or a political subdivision of 10 the Commonwealth that might assist a local team to review the 11 abuse of a resident or the death of a resident. 12 (b) Investigative records.--A law enforcement agency with 13 the approval of the district attorney may withhold investigative 14 records that might interfere with a pending criminal 15 investigation or prosecution. 16 (c) Subpoena.--The chairperson of the local team or his 17 designee may apply to the court of common pleas located in the 18 team's area for a subpoena as necessary to compel the production 19 of books, records, documents and other evidence related to the 20 investigation. Subpoenas so issued shall be served and, upon 21 application to the court by the chairperson or a designee, 22 enforced in the manner provided by law for the service and 23 enforcement of subpoenas. A law enforcement agency shall not be 24 required to produce the information requested under the subpoena 25 if the subpoenaed evidence relates to a pending criminal 26 investigation or prosecution. All records shall be returned to 27 the agency or organization on completion of the review. No 28 written reports or records containing identifying information 29 shall be kept by the team. 30 (d) Confidentiality.--All information and records acquired 20030H0620B0721 - 8 -
1 by the State team or any local team are confidential and not 2 subject to subpoena, discovery or introduction into evidence in 3 any civil or criminal proceeding, except that information, 4 documents and records otherwise available from other sources are 5 not immune from subpoena, discovery or introduction into 6 evidence through those sources solely because they were 7 presented to or reviewed by a State or local team. 8 (e) Testimony.--Members of a State or local team, persons 9 attending a State or local team meeting and persons who present 10 information to a State or local team may not be questioned in 11 any civil or criminal proceeding regarding information presented 12 in or opinions formed as a result of a meeting. Nothing in this 13 subsection shall be construed to prevent a person from 14 testifying to information obtained independently of the team or 15 which is public information. 16 (f) Limitation.--A member of the State or a local team shall 17 not contact, interview or obtain information by request or 18 subpoena from a member of a deceased resident's family, except 19 that a member of the State or a local team who is otherwise a 20 public officer or employee may contact, interview or obtain 21 information from a family member, if necessary, as part of the 22 public officer's or employee's other official duties. 23 (g) Public meeting.--State and local team meetings are 24 closed to the public if the team is reviewing individual 25 resident fatality cases. All other team meetings are open to the 26 public. 27 (h) Penalty.--A person who violates the confidentiality 28 provisions of this section commits a misdemeanor of the second 29 degree. 30 Section 7. Long-term Care Death and Abuse Resource Fund. 20030H0620B0721 - 9 -
1 (a) Establishment of fund.--The Long-term Care Death and 2 Abuse Resource Fund is established in the State Treasury 3 consisting of appropriations and moneys received from fees under 4 subsection (c) and gifts, grants and donations made to the 5 Department of Aging to implement subsection (b). The Department 6 of Aging shall administer the fund. The Department of Aging 7 shall transmit all moneys it receives to the State Treasurer for 8 deposit in the fund. 9 (b) Staffing.--The Department of Aging shall use fund moneys 10 for staffing and administrative costs of the State team and to 11 train and support local teams. 12 (c) Fee.--The Department of Health shall impose an 13 additional fee of $1 on each death certificate requested from 14 the Commonwealth which shall be deposited with the State 15 Treasurer in the Long-term Care Death and Abuse Resource Fund. 16 Section 8. Effective date. 17 This act shall take effect July 1, 2003. A24L35BIL/20030H0620B0721 - 10 -