BILL NUMBER:  S6676

 TITLE OF BILL :  An act to amend the elder law, in relation to
developing guidelines for identifying and reporting elder abuse in
healthcare settings

 PURPOSE :

To establish guidelines for identifying and reporting suspected self
neglect, abuse and maltreatment.

 SUMMARY OF PROVISIONS :

Section 1: Amends the elder law by adding a new Article 3, which
directs the Office for the Aging, in conjunction with the Department
of Health and the Office of Children and Family Services to develop
guidelines to assist healthcare providers and others in healthcare
settings to identify suspected self neglect, abuse and maltreatment of
individuals aged 60 years or older.

Such guidelines shall include, but not be limited to, common signs and
symptoms, screening tools and questions that can be used during visits
for detection, training materials for distribution to health care
providers and others in healthcare settings, and information regarding
options for reporting suspected cases of self neglect or abuse and
maltreatment and available resources for older adult victims.
              

The Office for the Aging, Department of Health and the Office for
Children and Family Services are required to make the guidelines and
materials developed in accordance with this article available on their
respective websites and to provide such materials upon request to
healthcare providers and facilities.

Section 2: Establishes the effective date.

 JUSTIFICATION :

Elder abuse has emerged nationally as one of the most underreported
crimes. It has been noted that elderly victims who are experiencing
abuse from loved ones, friends, or neighbors will often refuse help
out of fear, embarrassment, or the desire to protect their abuser.
Often this will lead to the continuation of cases that compromise the
financial, physical, and mental health of victims. It cannot be
overstated that these cases have very real impacts and can lead to
tragic consequences. In fact, it has been noted that elders who
experience abuse, even moderate in severity, have a 300% percent
higher risk of death when compared to those who have not been abused.
In fact, there are high correlations between elder abuse and
maltreatment with hospitalization rates, readmissions, and as
aforementioned, the mortality of victims. Because health care
practitioners are in the unique position of seeing patients at regular
intervals, as well as developing long-term relationships of trust,
they have significant opportunities to help identify elder abuse and
maltreatment.

Given the trust and rapport developed through the relationship between
provider and patient, national healthcare agencies, including the
Centers for Medicare and Medicaid Services (CMS) have begun
implementing measures that will increase identification and reporting
of suspected abuse across settings and provider types. In 2004, the
U.S. Preventive Services Task Force found that there were no reliable
screening tools available to identify abuse of elderly or vulnerable
adults in the primary care setting. As a result, CMS began to review
its physician quality reporting system measure, and introduced an
Elder Maltreatment Screen and Follow-up Plan.

As national entities continue to refine intervention techniques and
tools for providers to recognize abuse and maltreatment in the elderly
community, the state must begin to explore these issues and provide
proper guidance to our healthcare community as well. This legislation
will require the Director of the State Office for the Aging, in
conjunction with the Commissioner of Health and the Commissioner of
the Office for Children and Family Services, to develop guidelines to
assist healthcare providers and others working in healthcare settings
to identify suspected self neglect, abuse and maltreatment of older
adults. These guidelines will include common signs and symptoms,
screening tools and questions that can be used during visits for
detection, training materials for distribution to health care
providers and others in healthcare settings, and information regarding
options for reporting suspected cases of self neglect or abuse and
maltreatment and available resources for older adult victims.

Health care providers play an integral role in our communities,
particularly with respect to their ability to identify important
changes in the life conditions of their patients and their quality of
life. As the aging population continues to grow, we must support this
vital relationship between provider and patient with support and
information.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.