Pennsylvania Statutes Title 35 P.S. Health and Safety § 10225.103. Definitions

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The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Abandonment.”  The desertion of an older adult by a caretaker.

“Abuse.”  The occurrence of one or more of the following acts:

(1) The infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish.

(2) The willful deprivation by a caretaker of goods or services which are necessary to maintain physical or mental health.

(3) Sexual harassment, rape or abuse, as defined in the act of October 7, 1976 (P.L. 1090, No. 218),  1 known as the Protection From Abuse Act.

No older adult shall be found to be abused solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing or medical care.

“Administrator.”  The person responsible for the administration of a facility.  The term includes a person responsible for employment decisions or an independent contractor.

“Agency.”  The local provider of protective services, which is the area agency on aging or the agency designated by the area agency on aging to provide protective services in the area agency's planning and service area.

“Care.”  Services provided to meet a person's need for personal care or health care.  Services may include homemaker services, assistance with activities of daily living, physical therapy, occupational therapy, speech therapy, medical social services, home-care aide services, companion-care services, private duty nursing services, respiratory therapy, intravenous therapy, in-home dialysis and durable medical equipment services, which are routinely provided unsupervised and which require interaction with the care-dependent person.  The term does not include durable medical equipment delivery.

“Care-dependent individual.”  An adult who, due to physical or cognitive disability or impairment, requires assistance to meet needs for food, shelter, clothing, personal care or health care.

“Caretaker.”  An individual or institution that has assumed the responsibility for the provision of care needed to maintain the physical or mental health of an older adult.  This responsibility may arise voluntarily, by contract, by receipt of payment for care, as a result of family relationship, or by order of a court of competent jurisdiction.  It is not the intent of this act to impose responsibility on any individual if such responsibility would not otherwise exist in law.

“Client assessment.”  Social, physical and psychological findings along with a description of the person's current resources and needs.

“Court.”  A court of common pleas or a district magistrate court, where applicable.

“Department.”  The Department of Aging of the Commonwealth.

“Employee.”  An individual who is employed by a facility.  The term includes contract employees who have direct contact with residents or unsupervised access to their personal living quarters.  The term includes any person who is employed or who enters into a contractual relationship to provide care to a care-dependent individual for monetary consideration in the individual's place of residence.

“Exploitation.”  An act or course of conduct by a caretaker or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.

“Facility.”  Any of the following:

(1) A domiciliary care home as defined in section 2202-A of the act of April 9, 1929 (P.L. 177, No. 175),  2 known as The Administrative Code of 1929.

(2) A home health care agency.

(3) A long-term care nursing 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.

(4) An older adult daily living center as defined in section 2 of the act of July 11, 1990 (P.L. 499, No. 118),  4 known as the Older Adult Daily Living Centers Licensing Act.

(5) A personal care home   5 as defined in section 1001 of the act of June 13, 1967 (P.L. 31, No. 21),  6 known as the Public Welfare Code.

“Home health care agency.”  Any of the following:

(1) A home health care organization or agency licensed by the Department of Health.

(2) A public or private agency or organization, or part of an agency or organization, which provides care to a care-dependent individual in the individual's place of residence.

“Intimidation.”  An act or omission by any person or entity toward another person which is intended to, or with knowledge that the act or omission will, obstruct, impede, impair, prevent or interfere with the administration of this act or any law intended to protect older adults from mistreatment.

“Law enforcement official.”  Any of the following:

(1) A police officer of a municipality.

(2) A district attorney.

(3) The Pennsylvania State Police.

“Neglect.”  The failure to provide for oneself or the failure of a caretaker to provide goods or services essential to avoid a clear and serious threat to physical or mental health.  No older adult who does not consent to the provision of protective services shall be found to be neglected solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing or medical care.

“Older adult.”  A person within the jurisdiction of the Commonwealth who is 60 years of age or older.

“Older adult in need of protective services.”  An incapacitated older adult who is unable to perform or obtain services that are necessary to maintain physical or mental health, for whom there is no responsible caretaker and who is at imminent risk of danger to his person or property.

“Protective services.”  Those activities, resources and supports provided to older adults under this act to detect, prevent, reduce or eliminate abuse, neglect, exploitation and abandonment.

“Protective setting.”  A setting chosen by the agency where services can be provided in the least restrictive environment to protect the physical and mental well-being of the older adult.

“Recipient.”  An individual who receives care, services or treatment in or from a facility.

“Secretary.”  The Secretary of Aging of the Commonwealth.

“Serious bodily injury.”  Injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ.

“Serious physical injury.”  An injury that:

(1) causes a person severe pain;  or

(2) significantly impairs a person's physical functioning, either temporarily or permanently.

“Service plan.”  A written plan developed by the agency on the basis of comprehensive assessment of a client's need which describes identified needs, goals to be achieved and specific services to support goal attainment, with regular follow-up and predetermined reassessment of client progress.  Specific services to support goal attainment may include, but is not limited to, homemaker services, home-delivered meals, attendant care, other in-home services, emergency shelter or food, legal aid services, transportation and other such services.  Service plans are cooperatively developed by the agency staff, the client or the client's appointed guardian, and other family members when appropriate.  The plan shall also address, where applicable, special needs of other members of the household unit as they may affect the older adult's need for protective services.

“Sexual abuse.”  Intentionally, knowingly or recklessly causing or attempting to cause rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest.

1  35 P.S. § 10181 et seq. (repealed);  see 23 Pa.C.S.A § 6101 et seq.
2  71 P.S. § 581-2.
3  35 P.S. § 448.802a.
4  62 P.S. § 1511.2.
5  Reference in this section to personal care home, personal care boarding home, personal care housing or personal care home administrator construed to also include assisted living residence or assisted living residence administrator, pursuant to 2007, July 25, P.L. 402, No. 56, § 8, effective in 90 days [Oct. 23, 2007].
6  62 P.S. § 1001.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 10225.103. Definitions - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-10225-103.html


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