Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | October 23, 2024 12:19 PM |
|---|---|
| From: | Representative Dan K. Williams |
| To: | All House members |
| Subject: | Older Adults Protective Services Act (OAPSA) |
| In the near future, I will be introducing legislation seeking to provide a much needed overhaul of the Older Adults Protective Services Act (OAPSA). In 2015, the Commonwealth Court of Pennsylvania determined in Peake v. Commonwealth that the use of lifetime bans in OAPSA was unconstitutional because there is no provision to consider factors other than the offending crime itself in making a hiring determination. To address this issue, this legislation will allow individuals who have committed a prohibited offense to apply for a waiver of the employment ban to show they are no longer a danger to the health and welfare of care-dependent individuals. The legislation also refines employment bans for individuals convicted of certain crimes, updates background check requirements, requires financial institutions to include specific financial abuse training to their employees, expands the definition of mandatory reporters, and improves the local Area Agencies on Aging’s investigation processes. While we are approaching the conclusion of the current legislative session, I believe it is important to take a step toward realizing these overdue changes to OAPSA. This legislation reflects the culmination of multiple years of stakeholder feedback and is based on previous legislation that was authored by former colleagues Rep. Tim Hennessey and Sen. Bob Mensch. As we move further from the 2015 Peake decision, it is imperative that we update this law to ensure protections are in place for our older adults. |
Introduced as HB2663
Memo Updated: October 23, 2024 12:20 PM