S T A T E O F N E W Y O R K
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3737
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. BENEDETTO -- read once and referred 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 the social services 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REPEALED and a new title 13 is added to read as follows: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;
LICENSED PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER;
DENTIST; OSTEOPATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT;
INTERN; PSYCHOLOGIST; REGISTERED PROFESSIONAL NURSE; HOSPITAL OR NURSING
HOME PERSONNEL 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;
LAWYER; PUBLIC ACCOUNTANT OR CERTIFIED PUBLIC ACCOUNTANT; INCOME TAX
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06593-02-3
A. 3737 2
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, NOTHING 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.