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A7379Assembly2017-2018 SessionSame asS2136

Screen for Elder Abuse

Official title

“Relates to procedures by health care providers to detect elder abuse or maltreatment in their patients”

Sponsor Donna LupardoAD-123+25 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill requires the creation and use of a standardized screening tool by medical professionals to identify elder abuse and maltreatment in New York.

Why it matters

  1. Enables early detection and intervention. By requiring medical professionals to use a standardized screening tool, the bill aims to catch signs of elder abuse or maltreatment early, potentially preventing further harm and improving health outcomes for older adults.

  2. Ensures consistency and thoroughness. The tool must include uniform questions and definitions, applicable across various healthcare settings and cognitive abilities, which helps ensure that screening is reliable and comprehensive, rather than dependent on individual providers’ judgment.

  3. Supports data collection and resource linkage. The requirement for documentation in a reportable format allows for better tracking of elder abuse prevalence, and the inclusion of resource lists helps connect victims with appropriate support and services.

  4. Protects patient autonomy and practitioner roles. The bill clarifies that screening is voluntary for patients and does not override urgent care needs or alter the legal/professional responsibilities of healthcare providers, balancing protection with respect for patient rights and medical practice boundaries.

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Who cares

Headline styles

Screen for Elder Abuse

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to health
  2. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2136Senate

Screen for Elder Abuse

In Senate Committee · Aging · Sponsor Susan Serino

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7379

2017-2018 Regular Sessions

IN ASSEMBLY

April 25, 2017

Introduced by M. of A. LUPARDO -- read once and referred to the Committee 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 Assembly, 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 individuals. 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 practitioner 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 appropriate in accordance with rules and regulations promulgated by the commissioner.

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 necessary to implement the provisions of this section.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.