An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in Department of Aging, further providing for objectives, for powers and duties in general, for area agencies and powers and duties and for evaluation.

PRINTER'S NO. 1794
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1376
Session of
2026
INTRODUCED BY COLEMAN, LANGERHOLC AND PENNYCUICK, JUNE 8, 2026
REFERRED TO AGING AND YOUTH, JUNE 8, 2026
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in Department of Aging, further providing for
objectives, for powers and duties in general, for area
agencies and powers and duties and for evaluation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2201-A of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended to read:
Section 2201-A. Objectives.--The objectives of this article
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are:
(1) to establish a cabinet-level State agency whose
jurisdiction, powers and duties specifically concern and are
directed to advancing the well-being of Pennsylvania's older
citizens;
(2) to effect the maximum feasible coordination of, and
eliminate duplication in, the Commonwealth's administration of
certain Federal and State programs for older Pennsylvanians;
(3) to further promote the efficient delivery of certain
social and other services to older Pennsylvanians; [and]
(4) to promote the creation and growth of independent clubs
and associations of older Pennsylvanians and related activities
which give promise of assisting older persons to maintain lives
of independence and dignity; involvement in the social, economic
and political affairs of their communities; and dignified and
efficient assistance when disabled or impaired[.]; and
(5) to protect older adults in this Commonwealth.
Section 2. Sections 2203-A and 2207-A of the act are amended
by adding subsections to read:
Section 2203-A. Powers and Duties in General.-* * *
(c) The department may not enter into a contract or other
agreement that directly or indirectly limits the oversight power
of the department, the General Assembly or the Auditor General
in furtherance of protecting older adults in this Commonwealth.
(d) The department shall provide appropriate training for
each area agency employee as appropriate to each employee's job
responsibilities. The respective trainings shall include:
(1) Protective services casework training, which shall
include the following topics:
(i) An overview of abuse, neglect, exploitation and
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abandonment.
(ii) Laws and regulations of the Commonwealth relating to
abuse, neglect, exploitation and abandonment of older adults.
(iii) Detection of abuse, neglect, exploitation and
abandonment.
(iv) Protective services case assessments.
(v) Provision of protective services.
(vi) Interviewing skills.
(vii) The resistant older adult.
(viii) Utilization of local resources.
(ix) Incompetence or incapacity.
(x) Relationships with other agencies.
(xi) Confidentiality.
(xii) Institutional investigations.
(xiii) Service options for victims of abuse, neglect,
exploitation and abandonment.
(xiv) Informed consent.
(xv) Self-neglect.
(xvi) Retaliation.
(xvii) Financial exploitation.
(xviii) Any other topic that the department deems necessary
to protect older adults in this Commonwealth.
(2) Protective services investigation, which shall include
the following topics:
(i) Laws and regulations of the Commonwealth related to
investigations and criminal procedures.
(ii) The criminal justice system.
(iii) Developing the investigative plan.
(iv) Investigative techniques.
(v) Maintaining control of the interview.
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(vi) Interviewing reporters.
(vii) Interviewing collateral sources.
(viii) Interviewing victims.
(ix) Observation techniques.
(x) Techniques to obtain documentary evidence.
(xi) Techniques to gather and preserve physical evidence.
(xii) Closing the investigation.
(xiii) Presenting testimony in court.
(xiv) Coordination with other State agencies.
(xv) Financial exploitation.
(xvi) Any other topic that the department deems necessary to
protect older adults in this Commonwealth.
(3) Protective services intake, which shall include the
following topics:
(i) Interviewing the reporter.
(ii) Completion of the report form.
(iii) Preliminary case status assessment to determine report
categories.
(iv) Requirements for referral of the report to the
protective services staff.
(v) Emergency procedures.
(vi) Confidentiality.
(vii) Any other topic the department deems necessary to
protect older adults in this Commonwealth.
(4) Remedial training shall be on any topic in which the
area agency did not receive at least eighty-five per centum
(85%) on the area agency's latest evaluation under section 2211-
A.
Section 2207-A. Area Agencies; Powers and Duties.--* * *
(e) (1) Each area agency shall meet the following
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requirements for investigations:
(i) The investigation of a report categorized as emergency
shall be initiated immediately following the referral of the
report. A protective services caseworker shall make every
attempt to ensure the immediate safety of the older adult and to
conduct a face-to-face visit as soon as possible. The agency
shall ensure that the face-to-face visit occurs within twenty-
four hours after the report is received.
(ii) The investigation of a report categorized as priority
shall be initiated as soon as possible. The agency shall ensure
that reasonable attempts to initiate the investigation are made
within twenty-four hours after the report is received. The
investigation of a priority report is initiated only by contact
with the older adult who is the subject of the report. A
protective services caseworker shall make every attempt to visit
with the older adult face to face within twenty-four hours.
(iii) The investigation of a report categorized as
nonpriority shall be initiated in a timely manner but no later
than seventy-two hours after receipt of the report. At the
discretion of the agency, the initiation of an investigation of
a nonpriority report shall include a visit to the older adult
who is the subject of the report when details in the report
indicate a need to see and talk with the older adult face to
face to secure or verify facts essential to the ongoing
investigation. The investigation of a report categorized as
nonpriority shall include at least one visit to the older adult
who is the subject of the report at an appropriate point in the
course of the investigation. Every attempt shall be made to
visit with the older adult face to face.
(iv) The investigation of a report categorized as no need
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for protective services shall consist of the protective services
caseworker's review of the report categorization. If the
caseworker agrees with the initial categorization, appropriate
referrals shall be made within seventy-two hours after receipt
of the report to the area agency on aging service management
system or, if concerning an adult under sixty years of age, to
another community agency, if available. If the caseworker does
not agree with the initial categorization, the report shall be
placed in another category in this subsection and addressed
under the applicable provisions for investigating a report in
that category.
(v) The agency shall make all reasonable efforts to complete
an investigation of a report of need for protective services as
soon as possible and, in cases of abuse and neglect, no later
than twenty days after receipt of the report. The investigation
of the report is completed only when the report has been
determined to be substantiated or unsubstantiated and, if
substantiated, after necessary steps have been taken to reduce
an imminent risk to the older adult's person or property.
(2) If the requirements under paragraph (1) can not be met
following reasonable efforts to gain access to the older adult,
the protective services caseworker shall document the efforts
made and take action as appropriate and as provided by law and
regulation.
(f) An area agency may not enter into a contract or other
agreement that directly or indirectly limits the oversight power
of the department, the General Assembly or the Auditor General
in furtherance of protecting older adults in this Commonwealth.
(g) Each area agency employee shall receive appropriate
training provided by the department. As applicable, the area
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agency shall ensure that all training including any remedial
training is completed in a timely manner.
Section 3. Section 2211-A of the act is amended to read:
Section 2211-A. Evaluation.--(a) The Department of Aging
shall continually review and evaluate the activities of area
agencies and the impact and effectiveness of all programs under
this act. The department shall ensure that evaluations,
including an onsite evaluation, be made annually of all area
agency activities and programs. A written report of the findings
of the evaluation shall be submitted to the area agency subject
to the evaluation and within thirty days shall be available to
the public. In all evaluations, the department shall obtain the
views of program beneficiaries concerning strengths and
weaknesses of the program. Other departments and agencies of the
Commonwealth shall make available to the department information
necessary for such evaluations. Annually the department shall
submit to the Governor and the General Assembly a report on its
activities including statistical data reflecting services and
activities provided older persons during the preceding fiscal
year.
(b) The department, no less than annually, shall evaluate
each county agency in this Commonwealth onsite, which shall
include the:
(1) Per centum of cases assigned the correct category for
reports of need based on the per centum of:
(i) investigations initiated within the applicable statutory
or regulatory time frame;
(ii) comprehensive investigations that were completed and
covered all areas of abuse, neglect, exploitation and
abandonment;
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(iii) case files containing all required documentation
necessary to support service decisions and determinations of
substantiated or unsubstantiated cases;
(iv) eligible cases for which a care plan was completed,
documented and presented to the older adult;
(v) cases in which assessed risk to the older adult was
reduced or eliminated;
(vi) the use of appropriated funding from Federal, State and
local governments; and
(vii) cases in which the area agency determined the case to
be classified as no need for further services and the department
reversed the determination.
(2) The number of cases in which an older adult died during
an active investigation, and the area agency's actions during
the process.
(c) The department, no less than annually, shall evaluate
each county agency in this Commonwealth onsite, which shall
include the following metrics related to OPTIONS as defined
under 6 Pa. Code § 20.2 (relating to definitions), and the
primary caregiver support program under section 4 of the act of
December 19, 1990 (P.L.1234, No.204), known as the Pennsylvania
Caregiver Support Act:
(1) The utilization of best management practices for
improving and enhancing the delivery of services.
(2) The effectiveness of services provided by the area
agency, and whether the agency addressed specific needs for the
older adults for which the agency provided services.
(3) The effectiveness of coordination, planning and
supervising services to ensure that the older adult receives
comprehensive and effective care.
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(4) Whether the older adult has met the criteria necessary
to qualify for participation in the OPTIONS and primary
caregiver support program.
(5) Compliance with established protocols for billing,
provider payment models and use of revenue from any collected
fees.
(6) Usage of appropriated funding from Federal, State and
local governments.
(d) The department shall issue a score for each metric under
subsections (b) and (c). An area agency must achieve a score of
no less than eighty-five per centum (85%) in each category to be
compliant for the agency's evaluation pursuant to this section.
The following shall apply:
(1) For an area agency that is compliant, the department
shall:
(i) Annually audit no less than twenty-five per centum (25%)
of alleged older adult abuse cases that an area agency
classified as no need for further services.
(ii) Annually audit no less than twenty-five per centum
(25%) of cases that an area agency had an active investigation
when the older adult died.
(iii) Monitor the area agency to ensure compliance with all
applicable provisions of law.
(iv) Gather stakeholder feedback from victims, older adults,
caregivers and agencies to identify service gaps.
(v) Timely address incidents of statutory or regulatory
violations discovered during reviews and provide technical
assistance as needed until the area agency is compliant.
(2) An area agency that receives a score of no less than
seventy-five per centum (75%) in any category and was not
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determined to be compliant under this subsection shall be in
remedial status. For an agency in remedial status, the
department shall:
(i) Annually audit no less than fifty per centum (50%) of
alleged older adult abuse cases that an area agency classified
as no need for further services.
(ii) Annually audit no less than fifty per centum (50%) of
cases that an area agency had an active investigation when the
older adult died.
(iii) Monitor the area agency to ensure compliance with all
applicable provisions of law.
(iv) In collaboration with the area agency, develop a
remedial improvement plan, which shall be made available on the
department's publicly accessible Internet website within thirty
days of development, to return to compliance.
(v) Provide appropriate training to staff of the area agency
to improve compliance.
(vi) Timely address incidents of statutory or regulatory
violations discovered during reviews and provide technical
assistance as needed until the area agency is compliant.
(vii) Require the area agency to submit periodic policy-
compliance self-assessments with documentation to the
department.
(viii) Gather stakeholder feedback from victims, older
adults, caregivers and agencies to identify service gaps.
(ix) Require bimonthly follow-up meetings with area agency
leadership until full compliance is demonstrated.
(x) Evaluate the area agency within six months following the
development of a remedial improvement plan.
(3) An area agency that received a score of less than
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seventy-five per centum (75%) in any category and was not
determined to be compliant or remedial under this subsection
shall be noncompliant. For a noncompliant area agency, the
department shall:
(i) Annually audit no less than seventy-five per centum
(75%) of alleged older adult abuse cases that an area agency
classified as no need for further services.
(ii) Annually audit no less than seventy-five per centum
(75%) of cases that an area agency had an active investigation
when the older adult died.
(iii) Monitor the area agency to ensure compliance with all
applicable provisions of law.
(iv) In collaboration with the area agency, develop a
noncompliant improvement plan, which shall be made available on
the department's publicly accessible Internet website within
thirty days of development.
(v) Provide appropriate training to staff of the area agency
to improve compliance.
(vi) Timely address incidents of statutory or regulatory
violations discovered during reviews and provide technical
assistance as needed until the area agency is compliant.
(vii) Require the area agency to submit monthly policy-
compliance self-assessments with documentation to the
department.
(viii) Gather stakeholder feedback from victims, older
adults, caregivers and agencies to identify service gaps.
(ix) Establish an improvement working group with area agency
and department staff to identify steps to have the area agency
be compliant in future evaluations, thus protecting older
adults.
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(x) Require monthly meetings with area agency leadership
until full compliance is demonstrated.
(xi) Reevaluate the area agency within ninety days following
the development of the noncompliant improvement plan.
(e) The department shall, no less than annually, complete a
full financial audit of each area agency. The audit shall be
posted on the department's publicly accessible Internet website.
(f) The Auditor General shall audit an area agency and the
department, as far as may be necessary to satisfy the Auditor
General, that the area agency and the department are complying
with the provisions of this article and the act of November 6,
1987 (P.L.381, No.79), known as the "Older Adults Protective
Services Act," or other relevant statute or regulation. The
Auditor General shall have access to any information or record
necessary to complete the audit in this subsection. Each audit
shall include an evaluation of the area agency and department's
performance of duties as it relates to the classification as no
need for further services and the cases in which an older adult
died during an active investigation. The Auditor General shall
furnish audits no less than biannually. The audits shall be
posted on the Auditor General's publicly accessible Internet
website.
Section 4. Nothing in this act shall be construed to require
the public disclosure of personal information related to an
older adult in this Commonwealth.
Section 5. This act shall take effect in 60 days.
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