Senate Bill S1838

2009-2010 Legislative Session

Requires certain persons to report financial exploitation of the elderly in violation of the penal law and provides for a cause of action for failure to do so; repealer

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2010	reported and committed to codes
Jan 06, 2010	referred to aging
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal.
Jun 02, 2009	1st report cal.561
May 11, 2009	reported and committed to codes
Feb 09, 2009	referred to aging

Votes

- Jun 2, 2009 - Codes Committee Vote
  S1838
  
  Aye
  
  12
  
  Nay
  
  1
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 2, 2009
      
      aye (12)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (1)
      
      Flanagan
      
      aye wr (3)
      
      Golden
      
      Saland
      
      Volker
  Mar 22, 2010 - Aging Committee Vote
  S1838
  
  Aye
  
  7
  
  Nay
  
  4
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Aging Committee Vote: Mar 22, 2010
      
      aye (7)
      
      Addabbo Jr.
      
      Diaz
      
      Kruger
      
      Oppenheimer
      
      Savino
      
      Serrano
      
      Stavisky
      
      nay (4)
      
      Farley
      
      Flanagan
      
      Golden
      
      Ranzenhofer
      
      aye wr (1)
      
      LaValle

2009-S1838 (ACTIVE) - Details

See Assembly Version of this Bill:: A3918
Current Committee:: Senate Codes
Law Section:: Social Services Law
Laws Affected:: Rpld & add Art 5 Title 13 §370-aa, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1028, A6721
2013-2014: S2337, A3737

2009-S1838 (ACTIVE) - Summary

Requires various persons (similar to child abuse) to report financial exploitation of the elderly (sixty-two or older) in violation of the penal law to a social services official, and provides for a cause of action for failure to do so; directs the commissioner of children and family services to develop rules for the conduct of investigations and the protection of the exploited.

2009-S1838 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1838

 TITLE OF BILL :

An act to amend the social services law, in relation to protection of
the elderly against financial exploitation and repealing certain
provisions of such law relating to state heating fuel crisis
assistance


 PURPOSE :

This legislation would require various persons to report financial
exploitation of the elderly in violation of the penal law and provide
for a cause of action for failure to do so.

 SUMMARY OF PROVISIONS :

Section 1: Creates a new title 13 of article 5 of the social services
law, which requires certain persons and officials to report when they
have reasonable cause to suspect that a person aged sixty-two or older
coming before them in their professional or official capacity is a
victim of financial exploitation in violation of the penal law.  The
persons and officials required to make such a report include the
following: medical, dental, podiatric and mental health professionals;
hospital or nursing home personnel engaged in the admission,

examination, care or treatment of patients; Christian Science
practitioners; social workers, counselors and social service workers;
police officers and other law enforcement officials; district
attorneys, assistant district attorneys and investigators employed by
their offices; lawyers; accountants; tax preparers (paid or unpaid);
and banking institutions as defined in § 9-f of the banking law.
Reports shall be made to the local social services official of the
district in which the reporting person gains knowledge of the illegal
activity or in which the elderly person resides. The commissioner of
children and family services shall promulgate rules providing for the
conduct of investigations of reports made pursuant to this section and
for the implementation of measures to protect victims against such
financial exploitation when it is found. Any person aged sixty-two or
over or his or her estate shall have a cause of action for damages
against any person who fails to make a report as required by this
section.

Section 2: Provides for an effective date of the one hundred and
twentieth day after this act shall become a law.

 JUSTIFICATION :

Persons over age 65 are the fastest growing segment of the American
population. While senior citizens constituted only 4% of the total
population in 1900, by 1994 the proportion of seniors in the United
States had grown to 12.5%. By 2050 almost 25% of all Americans will be
over age 65. This dramatic shift in population distribution has
produced tremendous upheavals in family structure and in our societal
response to the senior population. One problem faced by many seniors
today is how to care for themselves when their traditional network of
support, their children and grandchildren, are occupied with raising
their own families and often spread out over a wide geographic area.

Evidence suggests that a shocking percentage of seniors are mistreated
by family or institutional caregivers or neglected in their basic
needs. This maltreatment can take many forms, ranging from physical
and psychological abuse and neglect to financial abuse and
exploitation. While physical abuse and neglect would seem to be a more
immediate concern for the elderly than protecting their financial
assets from potential theft or conversion by relatives and caregivers,
the loss of one's financial assets can have as severe a long-term
impact on a senior's well-being and quality of life as a physical
injury.

A 1990 congressional report also concluded that elder abuse is far
less likely to be reported than child abuse, estimating that only 1 in
8 cases of elder abuse, as compared with 1 in 3 cases of child abuse,
is ever reported to the authorities. Mandatory reporting of suspected
abuse and neglect has been a significant legislative response to the
problem of mistreatment and exploitation of the elderly. Currently, 42
states and the District of Columbia have statutes requiring various
professionals (typically health care professionals, psychologists and
social workers) to report known and suspected incidents to prescribed
public officials.

 LEGISLATIVE HISTORY :

A7529 of 2000 - referred to aging
A2264 of 2002 - referred to aging
S2697A of 2006 - Motion to Petition - Lost
S2256 of 2008 - Referred to Aging

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall become a law; provided that the commissioner of children and
family services is authorized to promulgate any and all rules and
regulations necessary to implement this act on its effective date on
or before such date.

2009-S1838 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1838

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the social services law, in relation  to  protection  of
  the  elderly  against  financial  exploitation  and  repealing certain
  provisions of such law relating to state heating fuel  crisis  assist-
  ance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Title 13 of  article  5  of  the  social  services  law  is
REPEALED and a new title 13 is added to read as follows:

                                TITLE 13
      MANDATORY REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY

SECTION  370-AA.  MANDATORY  REPORTING  OF FINANCIAL EXPLOITATION OF THE
                  ELDERLY.
  S 370-AA. MANDATORY REPORTING OF FINANCIAL EXPLOITATION OF THE  ELDER-
LY.    1.  THE FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR
CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH THIS SECTION WHEN THEY HAVE
REASONABLE CAUSE TO SUSPECT THAT A PERSON AGED SIXTY-TWO YEARS OR  OLDER
COMING  BEFORE  THEM  IN  THEIR  PROFESSIONAL  OR OFFICIAL CAPACITY IS A
VICTIM OF FINANCIAL EXPLOITATION IN VIOLATION  OF  THE  PENAL  LAW:  ANY
PHYSICIAN;  REGISTERED  PHYSICIAN  ASSISTANT; SURGEON; MEDICAL EXAMINER;
CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH;  OPTOMETRIST;  CHIROPRAC-
TOR;  PODIATRIST;  RESIDENT;  INTERN;  PSYCHOLOGIST;  REGISTERED  NURSE;
HOSPITAL OR NURSING HOME PERSONNEL ENGAGED IN  THE  ADMISSION,  EXAMINA-
TION,  CARE,  OR  TREATMENT  OF  PERSONS; SOCIAL SERVICES WORKER; SOCIAL
WORKER; MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR;  ALCOHOL-
ISM  COUNSELOR;  PEACE  OFFICER;  POLICE  OFFICER;  DISTRICT ATTORNEY OR
ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED IN THE  OFFICE  OF  A
DISTRICT  ATTORNEY;  OR  OTHER  LAW ENFORCEMENT OFFICIAL; LAWYER; PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01618-01-9

S. 1838                             2

ACCOUNTANT OR CERTIFIED PUBLIC ACCOUNTANT; INCOME TAX PREPARER  (WHETHER
PAID OR UNPAID); OR BANKING INSTITUTION, AS DEFINED IN SECTION NINE-F OF
THE  BANKING LAW.  WHENEVER SUCH PERSON IS REQUIRED TO REPORT UNDER THIS
SECTION  IN HIS OR HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR
OTHER PUBLIC OR PRIVATE INSTITUTION, FACILITY,  OR  AGENCY,  HE  OR  SHE
SHALL  IMMEDIATELY  NOTIFY  THE  PERSON  IN  CHARGE OF SUCH INSTITUTION,
FACILITY, OR AGENCY, OR HIS OR HER DESIGNATED AGENT, WHO THEN ALSO SHALL
BECOME RESPONSIBLE TO REPORT OR CAUSE REPORTS TO BE MADE. HOWEVER, NOTH-
ING IN THIS SECTION IS INTENDED TO REQUIRE MORE THAN ONE REPORT FROM ANY
SUCH INSTITUTION, FACILITY, OR AGENCY.
  2. (A) THE REPORTS REQUIRED TO BE MADE  BY  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  BE  MADE  TO  THE  LOCAL SOCIAL SERVICES OFFICIAL OF THE
SOCIAL SERVICES DISTRICT IN WHICH THE REPORTING PERSON  GAINS  KNOWLEDGE
OF THE ILLEGAL ACTIVITY OR IN WHICH THE ELDERLY PERSON RESIDES.
  (B)  UPON  THE RECEIPT OF SUCH A REPORT, SUCH SOCIAL SERVICES OFFICIAL
SHALL INVESTIGATE SUCH  REPORT AND TAKE SUCH ACTION AS MAY BE  WARRANTED
PURSUANT  TO  THE  RULES  OF  THE  COMMISSIONER  OF  CHILDREN AND FAMILY
SERVICES PROMULGATED THEREFOR.
  (C) THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL  PROMULGATE
RULES PROVIDING FOR THE CONDUCT OF INVESTIGATIONS OF REPORTS MADE PURSU-
ANT  TO  THIS  SECTION AND FOR THE IMPLEMENTATION OF MEASURES TO PROTECT
PERSONS AGED SIXTY-TWO YEARS OR OLDER AGAINST SUCH  FINANCIAL  EXPLOITA-
TION  WHEN IT IS FOUND. SUCH RULES SHALL INCLUDE, BUT NOT BE LIMITED TO,
NOTIFYING  THE APPROPRIATE DISTRICT ATTORNEY, THE ATTORNEY  GENERAL,  OR
OTHER  APPROPRIATE LAW ENFORCEMENT OFFICIAL OF ILLEGAL CONDUCT AND NOTI-
FYING THE NON-IMPLICATED NEXT OF KIN, ATTORNEY-IN-FACT, OR  GUARDIAN  OR
THE PERSON AND/OR PROPERTY OF THE ELDERLY PERSON.
  3. ANY PERSON AGED SIXTY-TWO OR OVER OR HIS OR HER ESTATE SHALL HAVE A
CAUSE  OF  ACTION  FOR  DAMAGES  AGAINST  ANY PERSON WHO FAILS TO MAKE A
REPORT REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner  of  children
and  family  services  is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date on or before such date.

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Senate Bill S1838

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Jun 2, 2009 - Codes Committee Vote

Codes Committee Vote: Jun 2, 2009

Mar 22, 2010 - Aging Committee Vote

Aging Committee Vote: Mar 22, 2010

2009-S1838 (ACTIVE) - Details

2009-S1838 (ACTIVE) - Summary

2009-S1838 (ACTIVE) - Sponsor Memo

2009-S1838 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

2009-S1838 (ACTIVE) - Details

2009-S1838 (ACTIVE) - Summary

2009-S1838 (ACTIVE) - Sponsor Memo

2009-S1838 (ACTIVE) - Bill Text download pdf

Comments