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PRINTER'S NO. 1396
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1145
Session of
2026
INTRODUCED BY BROOKS, PENNYCUICK, STEFANO AND DUSH,
JANUARY 20, 2026
REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 20, 2026
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, establishing the Compliance Review and
Reporting Program; imposing duties on the Department of
Health and the Department of Human Services; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part III of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 41
COMPLIANCE REVIEW AND REPORTING PROGRAM
Sec.
4101. Scope of chapter.
4102. Definitions.
4103. Establishment and purposes of program.
4104. Administration of program.
4105. Compliance review.
4106. Noncompliance.
§ 4101. Scope of chapter.
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This chapter relates to compliance review and reporting
involving certain facilities and sexual abuse or exploitation.
§ 4102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child." An individual under 18 years of age.
"Department." The Department of Health of the Commonwealth.
"Facility." A hospital, health care facility or other
facility licensed or inspected by the department and providing
medical care to children.
"Program." The C ompliance Review and Reporting Program
established under section 4103 (relating to establishment and
purposes of program).
"Sexual abuse or exploitation." As defined under 23 Pa.C.S.
§ 6303(a) (relating to definitions).
§ 4103. Establishment and purposes of program.
The C ompliance Review and Reporting Program is establi shed in
the department to:
(1) Monitor the reporting of suspected sexual abuse or
exploitation.
(2) Promote the health and safety of children.
(3) Facilitate the prosecution of persons willfully
failing to report sexual abuse or exploitation.
§ 4104. Administration of program.
The department shall administer the program.
§ 4105. Compliance review.
(a) Review of records.--
(1) Under the program, the department shall, during an
inspection of a facility, conduct a compliance review
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consisting of a review of all relevant health records that:
(i) were created since the immediately prior
inspection;
(ii) pertain to the care of children at the
facility; and
(iii) have not been previously reviewed.
(2) The purpose of the compliance review under
subsection (a) is to determine whether the required reports
of suspected sexual abuse or exploitation were made in
accordance with 23 Pa.C.S. Ch. 63 (relating to child
protective services).
(b) Report made regarding suspected sexual abuse or
exploitation.--
(1) If a compliance review for a facility reveals that a
report of suspected sexual abuse or exploitation was made in
accordance with 23 Pa.C.S. Ch. 63, the facility shall produce
confirmation of the report in accordance with 23 Pa.C.S. §
6305 (relating to electronic reporting).
(2) With respect to a confirmation under paragraph (1),
the department shall verify the existence and validity of the
confirmation and whether the confirmation corresponds to the
relevant patient encounter.
(3) The Department of Human Services shall:
(i) Cooperate with the department in the
verification process under paragraph (2).
(ii) Upon request, confirm whether a report exists
that corresponds to the submitted confirmation under 23
Pa.C.S. § 6305, including the relevant incident, date and
patient.
(4) The Department of Human Services shall develop a
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secure protocol to facilitate timely confirmation of reports
under this subsection for the sole purpose of enabling the
department to comply with the provisions of this subsection.
(5) Any disclosure of information under this subsection
shall be limited to confirmation of reporting compliance
under this subsection and may not include investigative or
identifying details beyond the information that is necessary
to complete the verification process.
(c) Report not made regarding suspected sexual abuse or
exploitation.--If a compliance review for a facility reveals
that a report of suspected sexual abuse or exploitation was not
made in accordance with 23 Pa.C.S. Ch. 63, the department shall:
(1) Make a report of suspected sexual abuse or
exploitation in accordance with 23 Pa.C.S. Ch. 63 or
otherwise notify child protective services or a law
enforcement agency of the suspected sexual abuse or
exploitation.
(2) Record the name of any mandated reporter who knew or
reasonably should have known of the circumstances requiring
the reporting of suspected sexual abuse or exploitation but
who did not file a report of suspected sexual abuse or
exploitation.
(d) Posting of information.--The department shall post on
its publicly accessible Internet website a report identifying
the names of each facility identified in a compliance review
that failed to file a required report of suspected sexual abuse
or exploitation in accordance with 23 Pa.C.S. Ch. 63. The report
shall not include the name or other personally identifying
information of any mandated reporter or alleged victim of sexual
abuse or exploitation.
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§ 4106. Noncompliance.
(a) Civil action and referral.--If a compliance review of a
facility under this chapter reveals that a required report of
suspected sexual abuse or exploitation was not made in
accordance with 23 Pa.C.S. Ch. 63 (relating to child protective
services):
(1) The parent or guardian of the alleged victim may
institute an appropriate civil action for damages against the
facility.
(2) The department shall refer the name of any mandated
reporter and facility in violation of 23 Pa.C.S. Ch. 63 to
the following for investigation or prosecution as provided by
law:
(i) The Pennsylvania State Police.
(ii) The appropriate medical or professional
licensing board.
(iii) The district attorney of the county in which
the mandated reported or facility is located.
(iv) As appropriate, the Office of Attorney General.
(b) Civil penalty.--
(1) If, during a compliance review of a facility under
this chapter, the facility willfully fails to provide the
necessary records to the department or willfully conceals,
alters or otherwise obstructs access to the necessary records
that are relevant to the determination by the department of
the facility's compliance with the provisions of this
chapter, the facility shall be subject to a civil penalty not
exceeding $2,500 for each day that the records are not
provided or are concealed or altered or that access is
obstructed.
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(2) Civil penalties collected under paragraph (1) shall
be deposited into the Safe Harbor for Sexually Exploited
Children Fund.
(c) Reimbursements.--If three or more separate compliance
reviews of a facility under this chapter reveal that the
facility failed to file a required report of suspected sexual
abuse or exploitation in accordance with 23 Pa.C.S. Ch. 63, the
Department of Human Services shall withhold reimbursement for
all or part of the activities of the facility that fall within
the scope of State-funded health care services until compliance
with the mandatory reporting requirements is demonstrated.
(d) Inspector.--If the inspector from the department who is
conducting the compliance review under this chapter willfully
does not comply with section 4105(c)(1) (relating to compliance
review), the inspector shall be guilty of a misdemeanor of the
third degree.
Section 2. This act shall apply to inspections of facilities
that are commenced on and after the effective date of this
section.
Section 3. This act shall take effect in 30 days.
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