SB 807

                                                 PRINTER'S NO.   1823
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                   SENATE BILL
                   No. 807
                                          Session of
                                            2026
INTRODUCED BY CULVER, MASTRIANO, FONTANA, KIM, TARTAGLIONE,
   VOGEL, KANE, BAKER, STEFANO AND DUSH, JUNE 18, 2026
REFERRED TO AGING AND YOUTH, JUNE 18, 2026
                               AN ACT
1 Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2    "An act relating to the protection of the abused, neglected,
3    exploited or abandoned elderly; establishing a uniform
4    Statewide reporting and investigative system for suspected
5    abuse, neglect, exploitation or abandonment of the elderly;
6    providing protective services; providing for funding; and
7    making repeals," in administration, further providing for
8    immunity from civil and criminal liability; in reporting
9    suspected abuse by employees, further providing for reports
10    to department and coroner, for restrictions on employees, for
11    confidentiality of and access to confidential reports and for
12    penalties; providing for Older Adult Abuse Registry; and
13    imposing penalties.
14    This act may be referred to as Alice's Law.
15    The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17    Section 1.    The General Assembly finds and declares that
18 there is a compelling State interest to protect older adults
19 from abuse, neglect, exploitation and abandonment. To further
20 this interest, it is necessary to establish an Older Adult Abuse
21 Registry to document incidents of abuse and prohibit individuals
22 who have harmed older adults from being employed in settings
23 serving vulnerable populations. Maintaining such records is
1 essential to public safety and justifiably outweighs competing
2 privacy concerns, as limited and regulated disclosure plays a
3 critical role in safeguarding older adults from harm.
4    Section 2.      Section 305 of the act of November 6, 1987
5 (P.L.381, No.79), known as the Older Adults Protective Services
6 Act, is amended to read:
7 Section 305.      Immunity from civil and criminal liability.
8    In the absence of willful misconduct or gross negligence, the
9 agency, the director, employees of the agency, protective
10 services workers or employees of the department shall not be
11 civilly or criminally liable for any decision or action or
12 resulting consequence of decisions or action when acting under
13 and according to the provisions of this chapter and Chapter 9.
14    Section 3.      Section 702(a) of the act is amended by adding a
15 paragraph to read:
16 Section 702.      Reports to department and coroner.
17    (a)   Department.--
18* * *
19(3)   Beginning upon the establishment of the Older Adult
20    Abuse Registry, upon receipt of a report under paragraph (1),
21    the department shall place the name of the alleged
22    perpetrator who is an employee on the Older Adult Abuse
23    Registry as provided for under Chapter 9.
24    * * *
25    Section 4.      Section 704(b) of the act is amended to read:
26 Section 704.      Restrictions on employees.
27    * * *
28    (b)   [Prohibition] Suspension and termination.--
29(1)     Upon the filing of criminal charges against an
30    employee, the Commonwealth agency which licenses the facility
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1    shall order the facility to immediately [prohibit that
2    employee from having access to recipients at the facility. If
3    that employee is a director, operator, administrator or
4    supervisor, that employee shall be subject to restrictions
5    deemed appropriate by the Commonwealth agency which licenses
6    the facility to assure the safety of recipients of the
7    facility.] suspend the employee and, if convicted, terminate
8    the employee.
9(2)    Upon accessing the Older Adult Abuse Registry under
10    section 903(a)(2), if a facility or temporary health care
11    services agency finds that a current employee has a profile
12    on the registry, the facility shall terminate the employee.
13    Section 5.      Section 705(a), (c) and (e) of the act are
14 amended and subsection (b) is amended by adding a paragraph to
15 read:
16 Section 705.      Confidentiality of and access to confidential
17reports.
18    (a)   General rule.--Except as provided in subsection (b) and
19 Chapter 9, a report under this chapter shall be confidential.
20    (b)   Exceptions.--A report under this chapter shall be made
21 available to all of the following:
22* * *
23(11)    The department as provided for under Chapter 9.
24    (c)   Excision of certain names.--[The] Except as provided
25 under Chapter 9, the name of the person suspected of committing
26 the abuse shall be excised from a report made available under
27 subsection (b)(4), (5) and (10).
28    * * *
29    (e)   Protecting identity of person making report.--Except as
30 provided under Chapter 9 and for reports to law enforcement
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1 officials, the release of data that would identify the
2 individual who made a report under this chapter or an individual
3 who cooperated in a subsequent investigation is prohibited. Law
4 enforcement officials shall treat all reporting sources as
5 confidential information.
6    Section 6.    Section 706 of the act is amended to read:
7 Section 706.    Penalties.
8    (a)   Administrative.--
9(1)   An administrator who intentionally or willfully
10    fails to comply or obstructs compliance with the provisions
11    of this chapter or who intimidates or commits a retaliatory
12    act against an employee who complies in good faith with the
13    provisions of this chapter commits a violation of this
14    chapter and shall be subject to an administrative penalty
15    under paragraph (3).
16(2)   A facility owner that intentionally or willfully
17    fails to comply with or obstructs compliance with this
18    chapter or that intimidates or commits a retaliatory act
19    against an employee who complies in good faith with this
20    chapter commits a violation of this chapter and shall be
21    subject to an administrative penalty under paragraph (3).
22(3)   The Commonwealth agency or Commonwealth agencies
23    which regulate the facility have jurisdiction to determine
24    violations of this chapter and may issue an order assessing a
25    civil penalty of not more than [$2,500] $10,000. An order
26    under this paragraph is subject to 2 Pa.C.S. Ch. 5 Subch. A
27    (relating to practice and procedure of Commonwealth agencies)
28    and Ch. 7 Subch. A (relating to judicial review of
29    Commonwealth agency action).
30    (b)   Criminal.--
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1(1)   An administrator who intentionally or willfully
2    fails to comply or obstructs compliance with this chapter
3    commits a misdemeanor of the [third] second degree and shall,
4    upon conviction, be sentenced to pay a fine of [$2,500]
5    $10,000 or to imprisonment for not more than [one year] two
6    years, or both.
7(2)   A facility owner that intentionally or willfully
8    fails to comply with or obstructs compliance with this
9    chapter commits a misdemeanor of the [third] second degree
10    and shall, upon conviction, be sentenced to pay a fine of
11    [$2,500] $10,000 or to imprisonment for not more than [one
12    year] two years, or both.
13    (c)   Penalties for failure to report.--A person required
14 under this chapter to report a case of suspected abuse who
15 willfully fails to do so commits a [summary offense] misdemeanor
16 of the second degree for the first violation and a [misdemeanor]
17 felony of the third degree for a second or subsequent violation.
18    Section 7.    The act is amended by adding a chapter to read:
19CHAPTER 9
20OLDER ADULT ABUSE REGISTRY
21 Section 901.    Definitions.
22    The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25    "Crime against a recipient."     The commission of any of the
26 following offenses where the victim is a recipient and the
27 perpetrator is an employee:
28(1)   An offense under 18 Pa.C.S. Ch. 27 (relating to
29    assault).
30(2)   An offense under 18 Pa.C.S. Ch. 31 (relating to
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1    sexual offenses).
2(3)   18 Pa.C.S. § 3701 (relating to robbery).
3(4)   18 Pa.C.S. § 3922.1 (relating to financial
4    exploitation of an older adult or care-dependent person).
5    "Recipient abuse."    The alleged or substantiated abuse,
6 neglect, exploitation or abandonment of a recipient by an
7 employee.
8    "Registry."    The Older Adult Abuse Registry established under
9 section 902.
10    "Temporary health care services agency."    A person engaged
11 for hire in the business of providing or procuring temporary
12 employment in facilities.
13 Section 902.    Older Adult Abuse Registry.
14    (a)   Establishment and administration.--
15(1)   The department shall establish the Older Adult Abuse
16    Registry within 180 days of the effective date of this
17    paragraph. Upon establishment, the department shall transmit
18    notice of the establishment to the Legislative Reference
19    Bureau for publication in the next available issue of the
20    Pennsylvania Bulletin.
21(2)   The department shall operate and maintain the
22    registry, including a case file and a profile for each
23    individual meeting the criteria for placement on the
24    registry, or shall enter into a contract with a third-party
25    entity for the operation and maintenance of the registry.
26    (b)   Access to profiles.--The department shall establish a
27 procedure to provide administrators of facilities and temporary
28 health care services agencies with continuous access to profiles
29 on the registry through the use of log-in credentials.
30    (c)   Criteria for profile.--The registry shall include a
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1 profile for individuals who:
2(1)   Are the subject of a protective report under section
3    302(a) pending investigation.
4(2)   Are the subject of a substantiated report under
5    section 303(d).
6(3)   Are on a plan of supervision or suspended, pending
7    investigation of recipient abuse.
8(4)   Have been terminated from the facility or temporary
9    health care services agency as the result of alleged or
10    substantiated recipient abuse.
11(5)   Are under investigation by law enforcement for an
12    alleged crime against a recipient.
13(6)   Have been convicted of a crime against a recipient.
14    (d)   Content of profiles.--
15(1)   Each profile shall include:
16(i)    The following personal information:
17(A)   Full legal name.
18(B)   The last four digits of the individual's
19Social Security number.
20(C)   Age.
21(D)   Race.
22(E)   Sex.
23(F)   Home address.
24(G)   Current or former employee job title.
25(H)   A recent photograph.
26(ii)    A notation indicating:
27(A)   Each criterion under subsection (c) that
28applies to the individual.
29(B)   For criteria under subsection (c)(1), (3)
30and (5), the current status of the investigations.
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1(C)   Next to the associated criteria listed, if
2there was a finding of a false report under
3subsection (e)(2)(ii).
4(D)   If an appeal is filed under subsection (h),
5"Appeal pending" until the appeal process is
6concluded.
7(iii)    The date or dates associated with each
8criteria listed.
9(iv)    The county in which the alleged or
10substantiated recipient abuse or crime against a
11recipient occurred.
12(2)    Final dispositions and report statuses must remain
13  on a profile permanently, unless the finding was made in
14  error, the individual was found not guilty in a court of
15  competent jurisdiction or the department is notified of the
16  individual's death.
17  (e)   Case files and access.--
18(1)    The registry shall include a permanent case file,
19  which shall only be accessible by the department, for an
20  individual who is the subject of any of the following:
21(i)    A protective services report made under section
22302(a).
23(ii)    A substantiated report under section 303(d).
24(iii)    An unsubstantiated report made under section
25303.
26(iv)    A report to law enforcement officials relating
27to recipient abuse:
28(A)   Under section 701(b).
29(B)   Made by a department, agency, facility or
30temporary health care services agency about an
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1employee.
2(C)   Made by an individual.
3(v)    A court record associated with an arrest for a
4crime against a recipient. The status of a criminal
5proceeding brought on the basis of a report under
6subsection (c).
7(vi)    A disciplinary action taken by facilities or
8temporary health care service agencies against the
9individual for alleged or substantiated recipient abuse.
10(2)   The case file shall include:
11(i)    The source of each report or record.
12(ii)    False reports of recipient abuse or crimes
13where the victim is a recipient pursuant to a conviction
14under 18 Pa.C.S. § 4904 (relating to unsworn
15falsification to authorities) or 4906 (relating to false
16reports to law enforcement authorities) for the purpose
17of identifying and tracking patterns of intentionally
18making false reports relating to recipient abuse.
19(iii)    A record of any request to release, amend or
20expunge information retained by the department or appeal
21made by an individual on the registry.
22(iv)    Final and binding disciplinary actions taken by
23a facility, temporary health care services agency, agency
24or department against the individual, including
25imposition of probationary or other conditions related to
26employment.
27  (f)   Mandatory reporting and time requirements.--
28(1)   Each facility, temporary health care services
29  agency, agency, law enforcement official and court shall
30  submit the names of individuals who meet the criteria under
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1  subsection (e)(1) to the department within 48 hours of
2  creation of a report or record, taking disciplinary action,
3  opening a criminal investigation or arrest for or conviction
4  of a crime against a recipient as provided for under
5  subsection (e)(1).
6(2)   Within five days of receipt of a submission under
7  paragraph (1), the department shall create a case file and,
8  if applicable, a profile on the registry for the subject of
9  the report or record.
10  (g)   Notification.--
11(1)   If an individual meets the criteria for placement of
12  a profile on the registry under subsection (c), the
13  department shall notify the individual and the individual's
14  legal counsel, if applicable, within five days of the
15  individual's profile being placed on the registry that the
16  individual's name has been placed on the registry and provide
17  the form described under paragraph (2) by:
18(i)    certified and registered mail; and
19(ii)    if electronic contact information is available,
20electronically.
21(2)   Upon receipt of notification under paragraph (1),
22  the individual must provide and verify to the department the
23  information required under subsection (d)(1)(i) on a form
24  prescribed by the department within five days of receipt of
25  the form. The form prescribed by the department shall include
26  a statement that a false statement made by an individual on
27  the form is punishable under the applicable provisions of 18
28  Pa.C.S. Ch. 49 (relating to falsification and intimidation).
29(3)   Once an individual's profile is placed on the
30  registry, the department shall notify the following of the
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1  individual's placement on the registry:
2(i)    The administrator of the facility or temporary
3health care services agency where the individual was most
4recently employed.
5(ii)    The administrator of the facility, temporary
6health care services agency or agency who reported the
7recipient abuse.
8(iii)    Except for an individual under subparagraph
9(i) or (ii), the individual who reported the recipient
10abuse.
11(iv)    The older adult or guardian of the older adult
12who was the victim of recipient abuse or crime against a
13recipient.
14  (h)   Appeals.--
15(1)   An individual notified of placement of a profile on
16  the registry under subsection (g)(1) may appeal the placement
17  within 90 days of the date of the notification.
18(2)   If an individual placed on the registry files an
19  appeal within 90 days of notification of the placement, the
20  department shall review the placement within 60 days of the
21  filing date of the appeal, unless the individual waives the
22  administrative review process.
23(3)   After administrative review, the appeal shall be
24  conducted as provided under 2 Pa.C.S. Chs. 5 Subch. A
25  (relating to practice and procedure of Commonwealth agencies)
26  and 7 Subch. A (relating to judicial review of Commonwealth
27  agency action).
28(4)   The department shall notify the individual and the
29  individual's legal counsel, if applicable, of the
30  determination of the appeal:
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1(i)    by certified and registered mail; and
2(ii)    if electronic contact information is available,
3by electronic mail.
4(5)   If an appeal is granted, the department must remove
5  the appealed information on the profile or, if applicable,
6  the individual's profile from the registry and notify the
7  individual of the removal with five days of the final
8  determination.
9  (i)   Additional duties.--
10(1)   Each individual on the registry shall:
11(i)    Notify the department of a change of home
12address of the individual within 10 days of moving out of
13the home address listed on the registry.
14(ii)    Annually attest, on a form prescribed by the
15department, to the accuracy of the information under
16subsection (d)(1) and submit a photo of the individual
17taken in the last 30 days on a form prescribed by the
18department. The form prescribed by the department shall
19include a statement that a false statement made by an
20individual on the form is punishable under the applicable
21provisions of 18 Pa.C.S. Ch. 49.
22(2)   The department shall:
23(i)    Verify the information attested to under
24paragraph (1)(ii).
25(ii)    Establish a procedure by which an individual
26may send an electronic request to the department to
27review a summary of information on the profile for the
28sole purpose of ensuring that an individual being
29considered for employment or employed by the applicant to
30provide care to an older adult not associated with a
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1facility or temporary health care services agency does
2not have a profile on the registry.
3(iii)   Require each applicant under subparagraph (ii)
4to sign an attestation on a form prescribed by the
5department stating that the information requested is for
6the sole purpose of ensuring that an individual being
7considered for employment or employed by the applicant to
8provide care to an older adult not associated with a
9facility or temporary health care services agency does
10not have a profile on the registry. The form prescribed
11by the department shall include a statement that a false
12statement made by an individual on the form is punishable
13under the applicable provisions of 18 Pa.C.S. Ch. 49.
14 Section 903.     Prohibitions and requirements.
15    (a)   Prohibition and requirements for facilities and
16 temporary health care services agencies.--Beginning upon the
17 establishment of the registry, a facility or a temporary health
18 care services agency:
19(1)   prior to employing an individual, shall access the
20    registry to determine if the individual has a profile on the
21    registry;
22(2)   shall access the registry to determine if
23    individuals currently employed have a profile on the
24    registry; and
25(3)   may not employ or otherwise engage individuals who
26    have a profile on the registry.
27    (b)   Requirements for employees and prospective employees.--
28 Beginning on the effective date of this subsection and prior to
29 the establishment of the registry, the administrator of a
30 facility or a temporary health care services agency shall
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1 require current and prospective employees to sign an attestation
2 on a form prescribed by the department stating that the
3 information provided to the administrator by the individual is
4 true and complete and that the individual does not meet any of
5 the criteria under section 902(c). The form prescribed by the
6 department shall include a statement that a false statement made
7 by an individual on the form is punishable under the applicable
8 provisions of 18 Pa.C.S. Ch. 49 (relating to falsification and
9 intimidation).
10 Section 904.     Penalties.
11    (a)   Facilities and temporary health care services
12 agencies.--The department may issue an order assessing a civil
13 penalty of not more than $10,000 to a facility or a temporary
14 health care services agency owner or administrator that
15 intentionally or willfully fails to comply with or obstructs
16 compliance with this chapter or that intimidates or commits a
17 retaliatory act against an employee who complies in good faith
18 with this chapter.
19    (b)   Individuals on registry.--
20(1)   The department may issue an order assessing a civil
21    penalty to an individual who intentionally or willfully fails
22    to comply with the provisions of section 902(i)(1)(i) as
23    follows:
24(i)    $100 for noncompliance for 60 days or less.
25(ii)    $500 for noncompliance for more than 60 days
26but less than 180 days.
27(2)   An individual who intentionally or willfully fails
28    to comply with the provisions of section 902(i)(1)(i) for
29    more than 180 days or provides false information to the
30    department under section 902(i)(1)(i) commits a misdemeanor
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1    of the second degree and shall be sentenced to pay a fine of
2    $1,000 or to imprisonment for not more than one year, or
3    both.
4    (c)   Applicable provisions.--An order under this section is
5 subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
6 procedure of Commonwealth agencies).
7 Section 905.    Temporary regulations.
8    (a)   Authority.--In order to facilitate the prompt
9 implementation of this chapter, the department shall promulgate
10 temporary regulations that shall expire no later than two years
11 following the publication of the temporary regulations. The
12 department may promulgate temporary regulations not subject to:
13(1)   Section 612 of the act of April 9, 1929 (P.L.177,
14    No.175), known as The Administrative Code of 1929.
15(2)   Sections 201, 202, 203, 204 and 205 of the act of
16    July 31, 1968 (P.L.769, No.240), referred to as the
17    Commonwealth Documents Law.
18(3)   Sections 204(b) and 301(10) of the act of October
19    15, 1980 (P.L.950, No.164), known as the Commonwealth
20    Attorneys Act.
21(4)   The act of June 25, 1982 (P.L.633, No.181), known as
22    the Regulatory Review Act.
23    (b)   Expiration.--The department's authority to adopt
24 temporary regulations under subsection (a) shall expire six
25 months after the effective date of this section. Regulations
26 adopted after this period shall be promulgated as provided by
27 law.
28    Section 8.    The act of February 14, 2008 (P.L.6, No.3), known
29 as the Right-to-Know Law, shall not apply to the provisions of
30 Chapter 9 of the act.
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1    Section 9.    This act shall apply to contracts entered into
2 before, on or after the effective date of this section.
3    Section 10.   This act shall take effect in 60 days.
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