An Act amending the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in administration, providing for fatality review teams and further providing for confidentiality of records.

PRINTER'S NO. 1330
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1100
Session of
2025
INTRODUCED BY COLLETT, KANE, COSTA, CAPPELLETTI, KEARNEY, CULVER
AND KIM, NOVEMBER 24, 2025
REFERRED TO AGING AND YOUTH, NOVEMBER 24, 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," in administration, providing for fatality
review teams and further providing for confidentiality of
records.
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 303.1. Fatality review teams.
(a) Establishment.--In each agency, the department shall
establish and monitor the maintenance of a fatality review team
for the purpose of reviewing any death of an older adult that
occurs during a period in which there exists an investigation
into allegations of abuse or neglect of the deceased.
(b) Composition.--A fatality review team shall be composed
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of:
(1) The director of the agency.
(2) An employee of the agency.
(3) A member of the advisory committee or board of the
agency.
(4) A physician, geriatrician or primary care physician
who works in the area of care for older adults.
(5) A victim services representative.
(6) A member of local law enforcement.
(7) A behavior health or intellectual disabilities
service provider representative.
(8) A community crisis intervention services
representative.
(9) An attorney trained in legal representation of older
adults.
(c) Cooperation.--A fatality review team may work in
conjunction with:
(1) The district attorney.
(2) The coroner.
(3) Any other persons who have knowledge regarding fatal
incidents in connection with abuse of older adults, including
knowledge of research, policy, law and other matters
connected with fatal incidents involving older adults, or who
are recommended for inclusion by the fatality review team.
(d) Chairperson.--The agency, in consultation with the
fatality review team, shall appoint a member of the fatality
review team, who is not an employee of the agency, to serve as
chairperson.
(e) Maintenance of fatality review team.--
(1) Participation in a fatality review team shall be
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voluntary.
(2) Members shall serve without compensation and may not
be provided a per diem or reimbursed travel expenses.
(3) Members shall serve for terms of two years.
(4) If a member does not complete the two-year term, the
agency shall be responsible for filling the vacancy as
follows:
(i) The agency shall fill a vacancy within 60 days
of the opening.
(ii) A member appointed under subparagraph (i) shall
serve for a two-year term, calculated from the date of
the member's appointment.
(5) Following the completion of a member's two-year
term, the agency shall maintain the composition of the
fatality review team by filling the vacancy. The agency shall
fill the vacancy within 45 days of the opening. A member may
be reappointed.
(6) The agency shall notify the department of any change
to the member status of its fatality review team.
(f) Powers and duties.--
(1) The fatality review team shall examine deaths and
serious injuries associated with suspected abuse or neglect
of older adults. The purpose of the examination is to
identify whether systems with the responsibility to assist or
protect victims were sufficient for the particular
circumstances or whether the systems require improvement.
(2) Members of the team shall be responsible for all of
the following:
(i) Providing and discussing relevant case-specific
information.
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(ii) Attending and participating in all meetings and
activities as required.
(iii) Assisting in the development of oral or
written notice, to include notice by electronic
technologies, under paragraph (5).
(3) Upon receipt of the report of an older adult
fatality, the fatality review team shall immediately commence
its examination, the performance of which shall include, at
minimum:
(i) A review of the circumstances of the older
adult's fatality including whether the fatality is likely
to be the result of suspected or substantiated abuse.
(ii) A review of the delivery of services to the
older adult provided by the agency and review of
services, if any, provided by an agency in each county
where the older adult resided or received services within
the six months preceding the fatality. For the purposes
of this subparagraph, services shall include law
enforcement, mental health services, programs for older
adults and older adults with special needs, drug and
alcohol programs, senior centers and health care
providers.
(iii) A review of relevant court records and
documents.
(iv) A review of the agency's compliance with
statutes and regulations and with relevant policies and
procedures of the agency.
(4) A fatality review team member may not contact,
interview or obtain information by request directly from the
family of the deceased unless the fatality review team member
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is authorized to do so in the course of that team member's
employment duties. A member of the deceased older adult's
family may voluntarily provide information or any record to a
fatality review team.
(5) Within 90 days from the date of the commencement of
the examination of the older adult fatality, the fatality
review team shall submit to the department a written report,
which shall include, at minimum:
(i) Deficiencies and strengths in:
(A) Compliance with statutes and regulations.
(B) Protective services to older adults.
(ii) Recommendations to improve protective services
systems and community resources to reduce older adult
abuse and related fatalities in the fatality review
team's jurisdiction.
(iii) Proposed solutions for inadequacies in the
protective services systems.
(iv) Recommendations to improve sources of
information regarding the reporting and investigations of
reported older adult abuse cases, including standards for
the uniform and consistent reporting and investigations
by law enforcement or other emergency service responders
within the fatality review team's jurisdiction.
(v) Recommendations for improvements to State laws
and local partnerships, policies and practices to prevent
older adult abuse and related deaths.
(vi) Any subsequent information deemed pertinent by
the fatality review team producing the report.
(g) Annual summary reports.--
(1) By November 1 of each year, the department shall
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prepare an annual summary report of all fatality review team
information under subsection (f) and received by the
department within the last year. The department's annual
summary report shall be submitted to the Governor and the
General Assembly.
(2) Except as provided under subsection (h), following
submission of the annual summary report to the Governor and
General Assembly, the annual summary report shall be made
available to the public through a publicly accessible
Internet website, but confidential and privileged information
shall be removed from the contents of the report. The report
may not be released to the public if the district attorney
certifies that release of the report may compromise a pending
criminal investigation or proceeding. Certification by the
district attorney shall stay the release of the report for a
period of 60 days, at which time the report shall be released
unless a new certification is made by the district attorney.
(h) Release of information in confidential reports.--
(1) The department's annual summary report which
includes confidential and privileged information shall only
be made available to:
(i) The Governor and General Assembly as provided
under subsection (g).
(ii) An authorized official of a county requiring
the information to carry out the authorized official's
responsibilities under law to protect older adults from
abuse and neglect.
(iii) An authorized official of a Federal agency
requiring the information to carry out the authorized
official's responsibilities under law to protect older
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adults from abuse and neglect.
(iv) An authorized official of an agency of another
state that performs protective services analogous to the
services performed by an agency or the department in the
course of the authorized official's duties.
(v) The members of each contributing fatality review
team.
(vi) An authorized official or agent of the
department in accordance with department regulations or
the conduct of a performance monitoring under this
section.
(vii) A court of competent jurisdiction.
(viii) Pursuant to court order or subpoena.
(ix) A law enforcement agency or a law enforcement
official of any jurisdiction, in the course of official
duties, if the information is relevant to the
investigation.
(x) A standing committee of the General Assembly,
specifically having department legislative oversight.
(xi) Federal auditors if required for Federal
financial participation in funding of agencies except
that Federal auditors may not remove identifiable reports
or copies of the reports from the department or agency.
(xii) Designated county officials, in reviewing the
competence of the agency or its employees under this
section. Officials under this subparagraph are limited to
the following:
(A) The board of commissioners of a county other
than a county of the first class.
(B) The board of directors of a nonprofit area
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agency on aging.
(xiii) Appropriate officials of another county or
state regarding an investigation related to older adult
abuse when an older adult had moved to that county or
state.
(xiv) The Department of the Auditor General in
conjunction with the performances of the duties
designated to the Office of Auditor General, except that
the Auditor General may not remove identifiable reports
or copies of the report from the department or agency.
(2) Upon a written request, the estate of the subject of
a report may receive a copy of all information, except
information prohibited from being disclosed under section
306.
(3) All persons under this section having access to
confidential information shall treat all reporting sources as
confidential informants.
(i) Investigating performance of agency.--
(1) If, within 120 days from the date of the fatality
under review, the fatality review team fails to submit a
timely report, the department shall have the authority to
make an inquiry into the performance of the agency which may
include a performance audit of the agency.
(2) If an agency, acting without a waiver under
subsection (j), fails to maintain the composition of its
fatality review team, the department shall have the authority
to make an inquiry into the performance of the agency which
may include a performance audit of the agency.
(j) Waiver.--If an agency finds that compliance with one or
more of the provisions of this section will not be feasible, it
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shall apply in writing to the department requesting a waiver,
along with the reasons why the agency cannot comply. The
secretary shall promptly render a decision as to the granting of
the waiver and submit in writing to the relevant agency the
basis for the decision.
(k) Authority to access records.--To the extent permitted by
law, the fatality review team may access records as follows:
(1) The Department of Health shall provide records of a
deceased older adult under review without the need for
authorization of any person, including the executor,
administrator or personal representative of the deceased
older adult for purposes of review under this section.
(2) T he fatality review team may review and inspect
mental health care service files and records of a deceased
older adult under review without the need for authorization
of any person, including the executor, administrator or
personal representative of the deceased older adult for
purposes of review under this section.
(3) Health care facilities, health care providers,
pharmacies and mental health care providers shall provide
medical records of a deceased older adult under review
without the need for authorization of any person, including
the executor, administrator or personal representative of the
deceased older adult for purposes of review under this
section.
(4) If deemed necessary for its review, the fatality
review team may petition the court to review and inspect all
files and records of the court relating to a deceased older
adult under review.
(5) Other records pertaining to the deceased older adult
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under review for the purposes of this section shall be open
to inspection as permitted by law.
(l) Requests for records.--
(1) T he following shall be provided, to the extent
permitted by law, to a fatality review team on written
request of the chairperson or designee of a fatality review
team:
(i) Records regarding the physical health and mental
health, maintained by a health care provider, hospital or
health system, for a deceased older adult under review by
a fatality review team.
(ii) Records maintained by a State or local
government agency or entity, including death
investigative information, medical examiner investigative
information, law enforcement investigative information,
emergency medical services reports, fire department
records, prosecutorial records, parole and probation
information and records, court records and relevant
information and records of a social services agency,
including the Department of Human Services, if the agency
or entity previously provided services to the deceased
older adult under review by a fatality review team.
(iii) The following shall comply with a records
request by a fatality review team made under this
subsection:
(A) Coroner or medical examiner.
(B) Fire department.
(C) Health system.
(D) Hospital.
(E) Law enforcement agency.
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(F) State or local governmental agency,
including the department, the Department of Health,
the Department of Human Services and the Department
of Corrections.
(G) Mental health provider.
(H) Health care provider.
(I) Substance use disorder treatment provider.
(J) EMS provider.
(K) Social services provider.
(L) Any other person or entity who is in
possession of records pertinent to the fatality
review team investigation of an older adult's death.
(2) A person or entity subject to a records request by a
fatality review team under this subsection may charge the
fatality review team a reasonable fee for the service of
duplicating any records requested by the fatality review team
for which duplication is required.
(3) Information, if requested by the chairperson or
designee of the fatality review team, shall be provided
within five business days of receipt of the written request,
excluding weekends and holidays, unless an extension is
granted by the chairperson or designee. Written requests may
include a request submitted via email or any other type of
transmission.
(4) A fatality review team shall not need an
administrative subpoena or other form of legal compulsion to
receive requested records under this section. This paragraph
shall not be construed to effect any right the fatality
review team has to obtain an administrative subpoena or other
form of legal compulsion.
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(5) Information received in response to a request under
this section may be shared at a fatality review team meeting
in accordance with subsection (m).
(6) A record may not be released during the pendency of
an investigation if the release of the record would hinder
the progress of an active investigation or criminal
proceeding.
(m) Confidentiality of fatality review team records and
meetings.--
(1) A fatality review team meeting shall be closed to
the public and information discussed at the meeting shall be
confidential.
(2) The proceedings, records and information maintained
by and shared with a fatality review team may not be:
(i) Disclosed under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
(ii) Subject to discovery, subpoena or introduction
into evidence in a criminal or civil proceeding.
(3) Information presented in or opinions formed as a
result of a meeting of a fatality review team may not be
subject to subpoena or discovery or admissible in evidence in
a civil or criminal action. Nothing under this subsection
shall be construed to prevent a member of a fatality review
team from testifying in a criminal or civil proceeding to
information obtained independently of participation in the
fatality review team or to information which is publicly
available.
(n) Criminal and civil liability protections.--
(1) An individual not a member of a fatality review team
may, in good faith, provide information to a fatality review
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team for the purposes of this section. A member of a fatality
review team may discuss confidential matters during a meeting
of the fatality review team. The following shall apply:
(i) A member of a fatality review team shall comply
with applicable Federal and State laws regarding
confidentiality.
(ii) Except as provided under paragraph (2), a
member of a fatality review team or an individual who, in
good faith, provides information to a fatality review
team may not be disciplined, criminally prosecuted or
held administratively or civilly liable for complying
with the provisions of this section.
(2) The immunity specified under this subsection shall
not apply to:
(i) A member of a fatality review team or an
individual providing information to a fatality review
team by invitation who either discloses confidential
information in a manner not in accordance with Federal or
State law or who discloses confidential information to
the fatality review team with malice, in bad faith or in
a negligent manner.
(ii) An individual suspected of abuse or neglect of
an older adult.
Section 2. Section 306(b) of the act is amended by adding a
paragraph and the section is amended by adding a subsection to
read:
Section 306. Confidentiality of records.
* * *
(b) Limited access to the agency's protective services
records.--
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* * *
(7) For examinations performed by fatality review teams
under section 303.1, members of a fatality review team shall
have access to all relevant information maintained by the
agency or the department.
(c) Distribution of annual summary report.--The department's
annual summary report shall be made available consistent with
section 303.1(h).
Section 3. This act shall take effect in 120 days.
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