Editor:
I am writing in response to your July 24 editorial, “Elder-abuse law a good start toward tackling problem.” It focused on Act 53, which goes into effect this month and expands prosecutorial powers to go after those who abuse a care-dependent person.
We agree that this new law is a step forward in protecting seniors and other care-dependent people who receive care in their homes, but it is just the beginning.
Providers who care for seniors at home have been hiring caregivers for almost three years without guidance from the state about employing individuals with criminal convictions. In 2015, the Commonwealth Court ruled that it is unconstitutional for offenses listed in the Older Adult Protective Services Act to result in a lifetime employment ban without further evaluation.
Though background checks are still required for caregivers, employers are not prohibited from hiring caregivers with criminal records, even those that involve violence and abuse. The state recommends that providers assess the risk on an individual basis and consult with their counsel. But that is not enough.
Good news: Two bills addressing this issue have been introduced in the Legislature. Bad news: There are less than 10 legislative session days left in 2018, and with the election in November and other legislative priorities, we are worried that this important bill will fall to the bottom of the priority list. Older Pennsylvanians deserve better. Protecting our seniors should be a top priority.
Vicki Hoak
CEO, Pennsylvania Homecare Association
