§ 2713. Neglect of care-dependent person
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: September 9, 2022
Effective: September 9, 2022
18 Pa.C.S.A. § 2713
§ 2713. Neglect of care-dependent person
(c) Report during investigation.--When in the course of conducting any regulatory or investigative responsibility, the Department of Aging, the Department of Health or the Department of Public Welfare1 has a reasonable cause to believe that a care-dependent person or care-dependent persons residing in a facility have suffered bodily injury or been unlawfully restrained in violation of subsection (a)(1) or (2), a report shall be made immediately to the local law enforcement agency or to the Office of Attorney General.
(2) In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L. 950, No. 164),2 known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and institute criminal proceedings for any violation of this section. A person charged with a violation of this section by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
(e) Treatment in conformance with care-dependent person's right to accept or refuse services.--A caretaker or any other individual or facility may offer an affirmative defense to charges filed pursuant to this section if the caretaker, individual or facility can demonstrate through a preponderance of the evidence that the alleged violations result directly from:
(5) the caretaker's, individual's or facility's lawful compliance with the direction of the care-dependent person's health care representative under 20 Pa.C.S. § 5461 (relating to decisions by health care representative), provided the care-dependent person has an end-stage medical condition or is permanently unconscious as these terms are defined in 20 Pa.C.S. § 5422 (relating to definitions) as determined and documented in the person's medical record by the person's attending physician.
“Care-dependent person.” Any adult who, due to physical or cognitive disability or impairment, requires assistance to meet his needs for food, shelter, clothing, personal care or health care.
“Caretaker.” Any person who:
(1) is an owner, operator, manager or employee of any of the following licensed or unlicensed entities:
(i) A nursing home, personal care home, assisted living facility or private care residence.
(ii) A community residential facility or intermediate care facility for a person with mental disabilities.
(iii) An adult daily living center.
(iv) A home health service provider.
(v) A health care facility as defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48),3 known as the Health Care Facilities Act;
(2) provides care to a care-dependent person in the settings described under paragraph (1);
(3) has an obligation to care for a care-dependent person for monetary consideration in the settings described under paragraph (1);
(4) is an adult who resides with a care-dependent person and who has a legal duty to provide care or who has voluntarily assumed an obligation to provide care because of a familial relationship, contract or court order; or
(5) is an adult who does not reside with a care-dependent person but who has a legal duty to provide care or who has affirmatively assumed a responsibility for care, or who has responsibility by contract or court order.
“Legal entity.” An individual, partnership, unincorporated association, corporation or governing authority.
“Person.” A natural person, corporation, partnership, unincorporated association or other business entity.
“Private care residence.” A private residence, including a domiciliary care home:
(1) in which the owner of the residence or the legal entity responsible for the operation of the residence, for monetary consideration, provides or assists with or arranges for the provision of food, room, shelter, clothing, personal care or health care in the residence, for a period exceeding 24 hours, to fewer than four care-dependent persons who are not relatives of the owner; and
(2)(i) that is not required to be licensed as a long-term care nursing facility, as defined in section 802.1 of the Health Care Facilities Act; and
(ii) that is not identified in paragraph (1) of the definition of “caretaker.”
Credits
1995, July 6, P.L. 242, No. 28, § 1, effective in 60 days. Amended 1997, June 25, P.L. 284, No. 26, § 1, effective in 60 days; 1998, June 18, P.L. 503, No. 70, § 1, effective in 60 days; 2006, Nov. 29, P.L. 1484, No. 169, § 1, effective in 60 days [Jan. 29, 2007]. Affected 2007, July 25, P.L. 402, No. 56, § 8(1), effective in 90 days [Oct. 23, 2007]. Amended 2018, June 28, P.L. 371, No. 53, § 1, effective in 60 days [Aug. 27, 2018]; 2022, July 11, P.L. 722, No. 61, § 1, effective in 60 days [Sept. 9, 2022].
Footnotes
Now Department of Human Services; see 62 P.S. § 103.
71 P.S. § 732-101 et seq.
35 P.S. § 448.802a.
18 Pa.C.S.A. § 2713, PA ST 18 Pa.C.S.A. § 2713
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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