S T A T E O F N E W Y O R K
________________________________________________________________________
7379
2017-2018 Regular Sessions
I N A S S E M B L Y
April 25, 2017
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Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to screening for
elder abuse and maltreatment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article 19
to read as follows:
ARTICLE 19
ELDER ABUSE AND MALTREATMENT SCREENING
SECTION 1900. LEGISLATIVE PURPOSE.
1901. ELDER ABUSE AND MALTREATMENT SCREENING.
§ 1900. LEGISLATIVE PURPOSE. THE CORRELATION BETWEEN ELDER ABUSE AND
MALTREATMENT WITH INCREASED HOSPITALIZATIONS, ADMISSIONS AND MORTALITY
HIGHLIGHTS THE NEED FOR INCREASED MEDICAL INTERVENTIONS, PARTICULARLY AS
NEW YORK CONTINUES TO IMPLEMENT NATIONAL HEALTHCARE REFORM INITIATIVES.
A SCREENING TOOL, TO BE UTILIZED BY MEDICAL PROFESSIONALS AT IMPORTANT
JUNCTURES IN THE LIVES OF THOSE SIXTY YEARS OF AGE AND OLDER, PRESENTS A
SIGNIFICANT OPPORTUNITY FOR TRUSTED MEDICAL PROVIDERS TO HELP IDENTIFY
HIGH RISK PATIENTS AND HELP TO ENSURE THEIR CONTINUED HEALTH AND SAFETY.
§ 1901. ELDER ABUSE AND MALTREATMENT SCREENING. 1. THE COMMISSIONER
SHALL ESTABLISH A SCREENING TOOL TO IDENTIFY ABUSE IN ELDERLY INDIVID-
UALS. PHYSICIANS, PHYSICIAN ASSISTANTS AND NURSE PRACTITIONERS MAY USE
THE TOOL TO ASSIST IN IDENTIFYING ABUSE OR MALTREATMENT IN THEIR ELDERLY
PATIENTS DURING THE COURSE OF TREATMENT INCLUDING, BUT NOT LIMITED TO,
ANNUAL PHYSICAL EXAMS OR AS PART OF PATIENT SCREENING UNDER THE UNIFORM
ASSESSMENT SYSTEM FOR LONG TERM CARE AS ESTABLISHED BY THE DEPARTMENT.
2. THE SCREENING TOOL SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. A UNIFORM INTERVENTION QUESTIONNAIRE WITH A COMMON SCALE THAT CAN
BE USED ACROSS HEALTH CARE ENVIRONMENTS AND POPULATIONS TO ASSIST IN THE
IDENTIFICATION OF HIGH RISK PATIENTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04888-01-7
A. 7379 2
B. QUESTIONS THAT CAN BE USED FOR BOTH COGNITIVELY INTACT AS WELL AS
COGNITIVELY IMPAIRED INDIVIDUALS;
C. STANDARDIZED INTERVENTION PROTOCOLS INCLUDING SPECIFIC LANGUAGE AND
UNIFORM DEFINITIONS OF PHYSICAL, SEXUAL, EMOTIONAL, AND PSYCHOLOGICAL
ABUSE, IN ADDITION TO, NEGLECT, ABANDONMENT, FINANCIAL OR MATERIAL
EXPLOITATION, SELF-NEGLECT AND UNWARRANTED CONTROL;
D. A LIST OF RESOURCES TO ADDRESS THE NEEDS OF PATIENTS IDENTIFIED AS
BEING VICTIMS OF ABUSE; AND
E. DOCUMENTATION IN A REPORTABLE FORMAT THAT MAY BE USED BY THE PRAC-
TITIONER TO REPORT SUSPECTED ELDER ABUSE AND MALTREATMENT CASES TO THE
DEPARTMENT FOR THE PURPOSES OF TRACKING PREVALENCE.
3. THE SCREENING TOOL SHALL BE CULTURALLY AND LINGUISTICALLY APPROPRI-
ATE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER.
4. PATIENTS SHALL NOT BE REQUIRED TO BE SUBJECT TO SCREENING IF THEY
REFUSE TO PARTICIPATE OR ARE IN AN URGENT OR EMERGENT SITUATION.
5. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF ANY HEALTH
CARE PRACTITIONER OR DIMINISH ANY AUTHORITY OR LEGAL OR PROFESSIONAL
OBLIGATIONS OF ANY HEALTH CARE PRACTITIONER.
6. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.