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Confidentiality of and access to confidential reports - 35 Pa. Stat. Ann. § 10225.705

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Reports made about abuse of an adult over age 60 who receives services in or from any of the following facilities are confidential:

  •         Domiciliary care home;
  •         Home health care agency;
  •         Long-term care nursing facility;
  •         Older adult daily living center; or
  •         A personal care home.

Such reports will be made available in the following circumstances:

  •         To an employee of the department of aging or a local protective services agency in the course of official duties;
  •         To an employee of the department of health or the department of public welfare in the course of official duties;
  •         To an employee of a protective services agency of another state that performs protective services similar to such agencies in Pennsylvania;
  •         To a practitioner who is examining or treating a recipient and who suspects that the recipient is in need of protective services;
  •         To the director, or a designated individual, of any hospital or medical institution where a victim is being treated if the director or designee suspects that the recipient is in need of protective services;
  •         To a guardian of the recipient;
  •         To a court of competent jurisdiction pursuant to a court order;
  •         To the Attorney General
  •         To law information officials of any jurisdiction if the information is relevant in the course of investigating cases of abuse;
  •         To a mandated reporter who made a report of suspected abuse, if such information is limited to the final status of the report following investigation and/or services provided or to be provided by the protective services agency;
  •         To an alleged perpetrator, except for data identifying the individual who made the report or who cooperated in a subsequent investigation; and
  •         To an alleged victim, except for data identifying the individual who made the report or who cooperated in a subsequent investigation.

 


Current as of June 2015