Bill Text: NY A03737 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires various persons (similar to child abuse) to report financial exploitation of the elderly (sixty-two or older) to a social services official; directs the commissioner of children and family services to develop rules for the conduct of investigations and the protection of the exploited.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to aging [A03737 Detail]
Download: New_York-2013-A03737-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3737
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Aging
AN ACT to amend the social services law and the banking law, in relation
to protection of the elderly against financial exploitation; and to
repeal title 13 of article 5 of the social services law relating to
state heating fuel crisis assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Title 13 of article 5 of the social services law is
2 REPEALED and a new title 13 is added to read as follows:
3 TITLE 13
4 REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY
5 SECTION 370-AA. REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY.
6 S 370-AA. REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY. 1. THE
7 FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT
8 TO BE MADE IN ACCORDANCE WITH THIS SECTION WHEN THEY HAVE REASONABLE
9 CAUSE TO SUSPECT THAT A PERSON AGED SIXTY-TWO YEARS OR OLDER COMING
10 BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS A VICTIM OF
11 FINANCIAL EXPLOITATION AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION SIX OF
12 SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER: ANY PHYSICIAN;
13 LICENSED PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER;
14 DENTIST; OSTEOPATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT;
15 INTERN; PSYCHOLOGIST; REGISTERED PROFESSIONAL NURSE; HOSPITAL OR NURSING
16 HOME PERSONNEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT
17 OF PERSONS; SOCIAL SERVICES WORKER; SOCIAL WORKER; MENTAL HEALTH PROFES-
18 SIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM COUNSELOR; POLICE OFFICER;
19 DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
20 IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;
21 LAWYER; PUBLIC ACCOUNTANT OR CERTIFIED PUBLIC ACCOUNTANT; INCOME TAX
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06593-02-3
A. 3737 2
1 PREPARER; OR BANKING INSTITUTION, AS DEFINED IN SECTION NINE-F OF THE
2 BANKING LAW. WHENEVER SUCH PERSON IS REQUIRED TO REPORT UNDER THIS
3 SECTION IN HIS OR HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR
4 OTHER PUBLIC OR PRIVATE INSTITUTION, FACILITY OR AGENCY, HE OR SHE SHALL
5 IMMEDIATELY NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, FACILITY OR
6 AGENCY, OR HIS OR HER DESIGNATED AGENT, WHO THEN ALSO SHALL BECOME
7 RESPONSIBLE TO REPORT OR CAUSE REPORTS TO BE MADE. HOWEVER, NOTHING IN
8 THIS SECTION IS INTENDED TO REQUIRE MORE THAN ONE REPORT FROM ANY SUCH
9 INSTITUTION, FACILITY OR AGENCY.
10 2. (A) THE REPORTS REQUIRED TO BE MADE BY SUBDIVISION ONE OF THIS
11 SECTION SHALL BE MADE TO THE LOCAL SOCIAL SERVICES OFFICIAL OF THE
12 SOCIAL SERVICES DISTRICT IN WHICH THE REPORTING PERSON GAINS KNOWLEDGE
13 OF SUCH FINANCIAL EXPLOITATION OR IN WHICH THE ELDERLY PERSON RESIDES.
14 (B) UPON THE RECEIPT OF SUCH A REPORT, SUCH SOCIAL SERVICES OFFICIAL
15 SHALL INVESTIGATE SUCH REPORT AND TAKE SUCH ACTION AS MAY BE WARRANTED
16 PURSUANT TO THE RULES OF THE COMMISSIONER OF CHILDREN AND FAMILY
17 SERVICES PROMULGATED THEREFOR.
18 (C) THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE
19 RULES PROVIDING FOR THE ACCEPTANCE AND PROCESSING OF SUCH REPORTS, AND
20 FOR THE CONDUCT OF INVESTIGATIONS OF REPORTS MADE PURSUANT TO THIS
21 SECTION AND FOR THE IMPLEMENTATION OF MEASURES TO PROTECT PERSONS AGED
22 SIXTY-TWO YEARS OR OLDER AGAINST SUCH FINANCIAL EXPLOITATION WHEN IT IS
23 FOUND. SUCH RULES SHALL INCLUDE, BUT NOT BE LIMITED TO, NOTIFYING THE
24 APPROPRIATE DISTRICT ATTORNEY, THE ATTORNEY GENERAL, OR OTHER APPROPRI-
25 ATE LAW ENFORCEMENT OFFICIAL OF ILLEGAL CONDUCT AND NOTIFYING THE
26 NON-IMPLICATED NEXT OF KIN, ATTORNEY-IN-FACT, OR GUARDIAN OF SUCH
27 PERSON.
28 S 2. Subdivision 3 of section 4 of the banking law, as amended by
29 chapter 601 of the laws of 2007, is amended to read as follows:
30 3. No financial institution which discloses information pursuant to
31 subdivision two of this section, or discloses any financial record to
32 the state office of temporary and disability assistance or a child
33 support enforcement unit of a social services district for the purpose
34 of enforcing a child support obligation of such person, shall be liable
35 under any law to any person for such disclosure, or for any other action
36 taken in good faith to comply with subdivision two of this section. NO
37 BANKING ORGANIZATION WHICH REPORTS INSTANCES OF SUSPECTED ABUSE OR
38 MISTREATMENT OF ANY PERSON AGED SIXTY-TWO YEARS OR OLDER TO THE OFFICE
39 FOR THE AGING OR A DESIGNATED AGENCY, PURSUANT TO THE ELDER LAW, SHALL
40 BE LIABLE TO ANY PERSON FOR SUCH DISCLOSURE, OR FOR ANY OTHER ACTION
41 TAKEN IN GOOD FAITH TO COMPLY WITH THE REQUIREMENTS OF SUCH CHAPTER.
42 S 3. This act shall take effect on the two hundred seventieth day
43 after it shall have become a law; provided that the commissioner of
44 children and family services is authorized to promulgate rules and regu-
45 lations necessary to implement the provisions of this act on its effec-
46 tive date on or before such date.
