S T A T E   O F   N E W   Y O R K
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                                  3918

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of A. KOON, ABBATE, MAGEE, COLTON, HEASTIE, PHEFFER,
  WRIGHT, ZEBROWSKI -- Multi-Sponsored by -- M. of A.  COOK,  ESPAILLAT,
  HOOPER,  JOHN, MAYERSOHN, SCARBOROUGH -- read once and referred 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REPEALED and a new title 13 is added to read as follows: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

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

A. 3918                             2

ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED IN THE  OFFICE  OF  A
DISTRICT  ATTORNEY;  OR  OTHER  LAW ENFORCEMENT OFFICIAL; LAWYER; PUBLIC
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.