House committee hears push to update Older Adult Protective Services Act to address scams, background checks and bank reporting

HARRISBURG, Pa. — Lawmakers, the Department of Aging and local area agencies on aging pressed the House Aging and Older Adult Services Committee on Friday to update the Older Adult Protective Services Act, saying the 1987 law is out of step with modern threats to older Pennsylvanians, especially financial exploitation.

Jason Kovulich, secretary of the Department of Aging, told the committee the statute ‘‘has not kept up with the changing times’’ and urged changes including expanded mandatory reporters, stronger partnerships with banks and an updated waiver process for lifetime bans that a 2015 Commonwealth Court decision found unconstitutional. "We need a law that is there to support our work, and we need a law that is there to support older adults," Kovulich said.

The request comes as reports of need handled by Pennsylvania’s 52 area agencies on aging have increased sharply in recent years. Kovulich said reports rose from about 32,000 to about 58,000 and that the older-adult population has grown 22% while resources have increased about 2.5%.

Why it matters: Committee leaders and aging officials said financial exploitation is now the leading category of reports and that billions of dollars are leaving the commonwealth. They said earlier protections focused on imminent physical harm and did not address the ways older adults are targeted via phone, online scams or by family members. Updating the statute would give area agencies and banks clearer authority to detect, report and — when possible — halt suspicious transactions before funds are lost.

Most important details

- Financial exploitation: Kovulich said financial exploitation "for the first time ever" exceeded self-neglect reports and described examples presented to the committee, including one victim who lost $850,000 in a technical-support fraud scam. He said banks and credit unions want tools to ‘‘stop this’’ and to share information quickly with area agencies on aging.

- Background checks and lifetime bans: Kovulich and testifiers urged expanding background checks — including national checks — for workers entering older adults’ homes and facility floors. They also urged a constitutionally compliant waiver process for lifetime bans, noting the department currently turns waivers around in "between 2 and 3 days" when processed.

- Local investigations and casework: JR Reid, executive director of the Lehigh County Office of Aging and Older Adult Services, walked the panel through an 84-year-old man's investigation. Reid said investigators found persistent scam contacts, large transfers (later quantified by police as about $250,000 over two years) and difficulty obtaining full cooperation from the victim. Reid described the timeline: a face-to-face visit within one day, medical-record review seven days later, financial-record review about 14 days later, a care plan within 20 days and case closure at 55 days after risk was reduced.

- Role of area agencies and ombudsmen: Krista Geer, executive director of Active Aging (Crawford County Area Agency on Aging), described the skill mix required for investigators: "They have to be part nurse, part accountant, and part detective," and argued the work requires trained, often volunteer-supported ombudsman programs that advocate for residents in long-term care.

- Fatality review and coordination with law enforcement: Committee members asked what happens when an older adult dies during an investigation. Kovulich said agencies must determine whether a ‘‘nexus’’ exists between the investigation and the death, and that in a recent six-month snapshot 482 referrals closed because the older adult died and 70 of those were identified as nexus cases. He said the department has created an internal review process to mirror child-welfare fatality reviews (Act 33-style) but that statutory language is needed to fully authorize a statewide review program.

- Funding requests: Kovulich said the administration has proposed $20 million to shore up area agencies on aging and $2 million to build department infrastructure; advocates (P4A and local AAAs) are seeking a larger stabilization investment (discussed in testimony as $105,000,000) to respond to rising demand.

Questions and committee direction

Members pressed for strategies to limit repeat offenders moving between facilities and for more data on investigators and backlog. Kovulich and local directors said area agencies meet the required investigation-initiation standard (72 hours) and that there is attention to response time, but that staffing and information gaps — for example, delays in receiving medical records or bank data — can lengthen determinations. Committee members and witnesses said enhanced elder-justice multidisciplinary teams and better information sharing with district attorneys and banks would help prosecutions and prevention.

Ending

Committee leadership and the secretary described ongoing, weekly negotiations among the administration and the caucuses on OPSA revisions and said work will continue. Chairwoman Maureen Madden and co-chair Representative Menser announced a forthcoming joint meeting with the Commerce Committee focused on banks' role in preventing financial exploitation.

Speakers quoted in this article are drawn from the committee's transcript of the meeting and include Jason Kovulich, secretary of the Department of Aging; JR Reid, executive director, Lehigh County Office of Aging and Older Adult Services; Krista Geer, executive director, Active Aging (Crawford County Area Agency on Aging); Chairwoman Maureen Madden; and Representative Menser.