An act relating to adult protective services

The definition of 'fiduciary' in Section 6902(36)(B) was expanded to include 'agent under an advance directive' alongside trustee, guardian, conservator, executor, agent under a power of attorney, and representative payee. This broadens the class of people whose actions are protected from being classified as neglect when acting pursuant to the vulnerable adult's wishes or directive.

Section 6904(b)(1) changed 'the relevant licensing entity or entities' to 'the relevant licensing entity,' a minor singular/plural correction with no practical effect on reporting obligations.

Section 6906(c)(10) was revised to add an explicit 60-calendar-day deadline for the Human Services Board to hold a fair hearing after the alleged perpetrator's request, and to separate the deadlines: a decision must be issued within 7 calendar days after the hearing, and the hearing officer's written findings and recommendation must be issued within 15 calendar days after the hearing. The passed version had combined or different timeframes.

Effective date changed from October 1, 2026 to 'on passage,' meaning the law takes effect immediately when signed rather than waiting several months.

The expedited hearing deadline for alleged perpetrators was extended from 30 calendar days to 90 calendar days after the substantiation notice, giving the Human Services Board three times as long to schedule the hearing.

The deadline for the hearing officer to issue written findings and a recommendation was extended from 7 or 15 calendar days to 30 calendar days after the hearing.

Removed the requirement that a licensing entity notify Adult Protective Services when it receives a report of alleged neglect and is acting upon it. The licensing entity now only has an obligation to report to APS if it identifies neglect, not merely upon receiving a report.

Removed the specific requirement that the fair hearing be held within 60 calendar days of the alleged perpetrator's request, and removed the priority language for appeals involving immediate employment consequences.

Minor wording change in the neglect exemption: added 'pursuant to' before the list of circumstances (wishes of the vulnerable adult, direction of representative, advance directive) under which caregiver actions are not considered neglect.

Section 2(b)(2)(B) now requires that when a licensing entity identifies neglect and reports it to Adult Protective Services, the report must be made 'in accordance with subsection (a) of this section,' meaning it must include all the same detailed information (names, addresses, nature of abuse, evidence, documentation) as a direct report to APS.

Section 3(c)(10) adds a requirement that the Human Services Board hold the fair hearing within 60 calendar days after the alleged perpetrator's request for a fair hearing. This gives the Board a clear outer deadline for scheduling the hearing.

Section 3(c)(10) adds a requirement that the hearing officer's written findings and recommendation be issued within 15 calendar days after the hearing. The introduced version had no such deadline for the hearing officer's output.

The effective date was changed from 'on passage' to October 1, 2026, giving agencies time to prepare for the new reporting and hearing requirements before they take effect.

Section 3(c)(10) adds that priority shall be given to appeals in which there are immediate employment consequences for the person appealing, ensuring those cases are handled faster.

The fair hearing timeline in section 6906(c)(10) was restructured. The enacted version adds a requirement that the Human Services Board hold a fair hearing within 60 calendar days after the alleged perpetrator's request, keeps the expedited hearing at 30 calendar days after substantiation notice, requires a decision within 7 calendar days after the hearing, and sets the hearing officer's written findings and recommendation at 15 calendar days after the hearing. The House version had extended the expedited hearing to 90 days and findings to 30 days.

The effective date was changed from 'on passage' (immediate) to October 1, 2026, providing roughly four months for agencies to implement the new reporting and hearing procedures.

The definition of 'fiduciary' in section 6902(36)(B) was narrowed by removing 'an advance directive' from the list of included roles. The enacted version reads 'agent under a power of attorney, or representative payee' instead of 'agent under a power of attorney or an advance directive, or representative payee.'

Section 6904(b)(1) changed 'the relevant licensing entity as follows' to 'the relevant licensing entity or entities as follows,' acknowledging that multiple licensing bodies may have jurisdiction over a single case.

The enacted version adds language stating that priority shall be given to appeals in which there are immediate employment consequences for the person appealing the decision, making explicit what was only implied in the House version.