Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in assisted living and adult care facilities

Summary of provisions

Section 1: The social services law is amended adding a new article 9-C.

§473-m: sets the legislative findings and purpose.

§ 473-n: defines the following terms 1) "abuse" means the willful infliction of injury, unreasonable confinement, verbal or mental intimidation or punishment resulting in physical harm, pain, mental anguish or financial exploitation. 2) "person" means an individual, over 18 years old, who is mentally or physically incapacitated to such a degree as to be unable to defend himself or herself physically or who is mentally unable to independently care for himself or herself.

§ 473-o: mandatory reporting. 1) sets out a list of individuals who are required to report if they have reasonable cause to suspect that a person coming before them in their professional or official capacity is abuse or maltreated. Requires that these individual report such abuse to the person in charge of their agency or office. 2) employers of individuals required to report abuse under subsection 1 must supply their employees with written materials describing the reporting procedure. The employers are responsible for the costs associated with Printing and distributing written information. 3) any agency issuing a license, certificate or permit to an individual to operate an adult day care center or nursing home shall provide these individuals with written information explaining the reporting requirements.

§ 473-p: Any person permitted to report. In addition to those individuals required to report abuse, any Person may make such report if they have reasonable cause to suspect that a person is abused or maltreated.

§ 473-q: Reporting Procedure. Reports shall be made immediately by phone or facsimile on a form supplied by the commissioner to be succeed by a written report within two days: 1) if the suspected abuse occurred in a long term health care facility other than a state mental health hospital or a state developmental center, the report shall be made to the Office of Children and Family Services. 2) if the suspected abuse occurred in a state mental health hospital or a state developmental center, the written report shall be made either to the commission on the quality of care of the mentally disabled or to the quality assurance division of the office of mental retardation and

developmental disabilities. 3) if the suspected abuse is believed to have occurred in any place other than one described in subdivision one or two of this section the written report shall be made to the county office of adult protective services and local law enforcement.

§ 473-r: Obligations of Persons required to report. Allows photographs and/or x-rays to be taken at public expense at the direction of persons and officials required to report instances of suspected abuse. Also, requires that such person or official immediately notify the person in charge of such institution, facility or agency. Finally, the photographs or x-rays must be sent with the written report or as soon as possible to the agency or local law enforcement with which the written report is filed.

§ 473-s: Immunity from liability for reporting. Any person who in good faith makes a report pursuant to this section shall have immunity from any liability, civil or criminal, for having made such a report. For the purpose of any proceeding, civil or criminal, the good faith of any person required to report instances of physical abuse, mistreatment, or neglect shall be presumed.

§ 473-t: Penalties for failure to report. 1) if a person who is required to report abuse under this article willfully fails to do so shall be guilty of a class "A" misdemeanor. 2) any person who knowingly and willfully fails to report abuse and is required to do so under this article shall be civilly liable for the damages proximately caused by such failure.

§ 473-u: Education of mandatory reporters. The department of children and family services shall in conjunction with the office for the aging and local protective adult services offices, conduct an education program for local social service's office staff, persons and officials required to report under this article and any other appropriate persons to encourage the fullest degree of reporting adult abuse or maltreatment. Such program shall be developed and implemented in coordination with that established under section two hundred nineteen of the elder law. The program shall include but not be limited to responsibilities, obligations, and powers under this article and chapter as well as diagnosis of abuse and maltreatment of adults and the procedures of adult protective services.

Section 2: delineates the effective date.

Justification

Studies have found the problem of abuse continues to escalate in our society. Abuse of the mentally or physically incapacitated often goes unreported because of the inability of the victim to communicate the abuse to the proper authorities or the victim's unwillingness to disclose the abuse due to embarrassment, fear or shame.

This bill would institute a system which would make the individuals treating or coming into contact with persons who have physical or emotional symptoms of abuse responsible for reporting this crime to the proper authorities so that the incapacitated person can receive needed protection from further

Legislative history

2007-2008 S272 Passed Senate 2009-2010 S527 Reported to Health 2011-2012 S5451a Reported to Finance

Fiscal implications

To be determined.

Effective date

This act shall take effect the first day of November next succeeding the date on which it shall have become law, with provisions.