NY State Senate Bill 2011-S1028

Archive: Last Bill Status - In Senate Committee Aging 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to aging
Jan 05, 2011	referred to aging

2011-S1028 (ACTIVE) - Details

See Assembly Version of this Bill:: A6721
Current Committee:: Senate Aging
Law Section:: Social Services Law
Laws Affected:: Rpld & add Art 5 Title 13 §370-aa, Soc Serv L Amd §4 Bank L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1838, A3918
2013-2014: S2337, A3737

2011-S1028 (ACTIVE) - Summary

Requires various persons (similar to child abuse) to report financial exploitation of the elderly (sixty-two or older) to a social services official; directs the commissioner of children and family services to develop rules for the conduct of investigations and the protection of the exploited.

2011-S1028 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1028

 TITLE OF BILL :
An act to amend the social services law and the banking law, in
relation to protection of the elderly against financial exploitation;
and to repeal title 13 of article 5 of such law relating to state
heating fuel crisis assistance


 PURPOSE :
This legislation would require various persons to report financial
exploitation of the elderly as such term is defined in social Services
Law section 473(6).

 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 as such term is defined in Social
Services Law section 473(6). 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; and
certain banking institutions.

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.

Section 2: Amends Banking Law section 4(3)so that no banking
organization which reports suspected instances of elder abuse shall be
liable to any other person for the disclosure of such suspected
incidence of elder abuse.

Section 3: Provides for an effective date of the 270 days 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 it is possible that a surprisingly high
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 wellbeing 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 :
A.7529 of 2000 - Referred to Aging
A.2264 of 2002 - Referred to Aging
S.2697-A of 2006 - Motion to Petition - Lost
S.2256 of 2008 - Referred to Aging
S.1838 of 2010 - Reported to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 270th 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.

2011-S1028 (ACTIVE) - Bill Text download pdf

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

                                  1028

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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 and the banking law, in relation
  to protection of the elderly against financial  exploitation;  and  to
  repeal  title  13  of  article 5 of such law relating to state heating
  fuel crisis assistance

  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
           REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY

SECTION 370-AA. REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY.
  S 370-AA. REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY.  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 AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION SIX OF
SECTION FOUR HUNDRED  SEVENTY-THREE  OF  THIS  CHAPTER:  ANY  PHYSICIAN;
REGISTERED  PHYSICIAN  ASSISTANT;  SURGEON;  MEDICAL  EXAMINER; CORONER;
DENTIST; OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;  PODIATRIST;  RESIDENT;
INTERN; PSYCHOLOGIST; REGISTERED NURSE; HOSPITAL OR NURSING HOME PERSON-
NEL  ENGAGED  IN  THE  ADMISSION,  EXAMINATION,  CARE,  OR  TREATMENT OF
PERSONS; SOCIAL SERVICES WORKER; SOCIAL WORKER;  MENTAL  HEALTH  PROFES-
SIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM COUNSELOR; POLICE OFFICER;
DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;

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

                                                           LBD04315-01-1

S. 1028                             2

LAWYER; PUBLIC ACCOUNTANT OR CERTIFIED  PUBLIC  ACCOUNTANT;  INCOME  TAX
PREPARER;  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 SUCH FINANCIAL EXPLOITATION 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 ACCEPTANCE AND PROCESSING OF SUCH REPORTS, AND
FOR THE CONDUCT OF INVESTIGATIONS  OF  REPORTS  MADE  PURSUANT  TO  THIS
SECTION  AND  FOR THE IMPLEMENTATION OF MEASURES TO PROTECT PERSONS AGED
SIXTY-TWO YEARS OR OLDER AGAINST SUCH FINANCIAL EXPLOITATION WHEN IT  IS
FOUND.  SUCH  RULES SHALL INCLUDE, BUT NOT BE LIMITED TO, NOTIFYING  THE
APPROPRIATE DISTRICT ATTORNEY, THE ATTORNEY GENERAL, OR OTHER  APPROPRI-
ATE  LAW  ENFORCEMENT  OFFICIAL  OF  ILLEGAL  CONDUCT  AND NOTIFYING THE
NON-IMPLICATED NEXT  OF  KIN,  ATTORNEY-IN-FACT,  OR  GUARDIAN  OF  SUCH
PERSON.
  S  2.  Subdivision  3  of  section 4 of the banking law, as amended by
chapter 601 of the laws of 2007, is amended to read as follows:
  3. No financial institution which discloses  information  pursuant  to
subdivision  two  of  this section, or discloses any financial record to
the state office of temporary  and  disability  assistance  or  a  child
support  enforcement  unit of a social services district for the purpose
of enforcing a child support obligation of such person, shall be  liable
under any law to any person for such disclosure, or for any other action
taken  in good faith to comply with subdivision two of this section.  NO
BANKING ORGANIZATION WHICH  REPORTS  INSTANCES  OF  SUSPECTED  ABUSE  OR
MISTREATMENT  OF  ANY PERSON AGED SIXTY-TWO YEARS OR OLDER TO THE OFFICE
FOR THE AGING OR A DESIGNATED AGENCY, PURSUANT TO THE ELDER  LAW,  SHALL
BE  LIABLE  TO  ANY  PERSON FOR SUCH DISCLOSURE, OR FOR ANY OTHER ACTION
TAKEN IN GOOD FAITH TO COMPLY WITH THE REQUIREMENTS OF SUCH CHAPTER.
  S 3. This act shall take effect on  the  two  hundred  seventieth  day
after  it  shall  have  become  a law; provided that the commissioner of
children and family services is authorized to promulgate rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive date on or before such date.

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Senate Bill S1028

Sponsored By

Archive: Last Bill Status - In Senate Committee Aging Committee

Actions

2011-S1028 (ACTIVE) - Details

2011-S1028 (ACTIVE) - Summary

2011-S1028 (ACTIVE) - Sponsor Memo

2011-S1028 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Aging Committee

Actions

2011-S1028 (ACTIVE) - Details

2011-S1028 (ACTIVE) - Summary

2011-S1028 (ACTIVE) - Sponsor Memo

2011-S1028 (ACTIVE) - Bill Text download pdf

Comments