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
                                ___________
 
 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.