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History
- Reported and committed to codes
- Referred to aging
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.561
- Reported and committed to codes
- Referred to aging
Companion bill
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Requires certain persons to report financial exploitation of the elderly in violation of the penal law and provides for a cause of action for failure to do so; repealer
In Assembly Committee · Aging · Sponsor David Koon
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to protection of the elderly against financial exploitation and repealing certain provisions of such law relating to state heating fuel crisis assistance
Purpose
This legislation would require various persons to report financial exploitation of the elderly in violation of the penal law and provide for a cause of action for failure to do so.
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 in violation of the penal law. 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 (paid or unpaid); and banking institutions as defined in § 9-f of the banking law. 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. Any person aged sixty-two or over or his or her estate shall have a cause of action for damages against any person who fails to make a report as required by this section.
Read the full memo (739 words)
Section 2: Provides for an effective date of the one hundred and twentieth day 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 a shocking 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 well-being 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
A7529 of 2000 - referred to aging A2264 of 2002 - referred to aging S2697A of 2006 - Motion to Petition - Lost S2256 of 2008 - Referred to Aging
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred twentieth 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.