S T A T E O F N E W Y O R K
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2748
2009-2010 Regular Sessions
I N S E N A T E
March 2, 2009
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Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law, in relation to developing a fall and
injury prevention program and creating a fall and injury prevention
coordinating council
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The elder law is amended by adding a new section 224 to
read as follows:
S 224. FALL AND INJURY PREVENTION PROGRAM. 1. THE LEGISLATURE HEREBY
FINDS THAT ONE-THIRD OF OLDER ADULTS OVER AGE SIXTY-FIVE FALL EACH YEAR.
FALLS ARE THE LEADING CAUSE OF INJURY DEATHS AMONG INDIVIDUALS IN THIS
POPULATION GROUP. THE RISKS OF FALLING AND INJURY ARE INCREASINGLY
COMMON WITH ADVANCED AGE. OLDER ADULTS ARE HOSPITALIZED FOR FALL-RELATED
INJURIES FIVE TIMES MORE OFTEN THAN FOR INJURIES FROM OTHER CAUSES. IN
TWO THOUSAND THREE, FALLS AMONG OLDER ADULTS ACCOUNTED FOR TWELVE THOU-
SAND NINE HUNDRED DEATHS, ONE MILLION EIGHT HUNDRED THOUSAND EMERGENCY
DEPARTMENT VISITS, AND FOUR HUNDRED TWENTY-ONE HOSPITALIZATIONS. EIGHT-
Y-SEVEN PERCENT OF ALL FRACTURES AMONG OLDER ADULTS ARE DUE TO FALLS.
AMONG OLDER ADULTS WHO FALL, TWENTY TO THIRTY PERCENT SUFFER MODERATE TO
SEVERE INJURIES SUCH AS HIP FRACTURES OR HEAD TRAUMA THAT REDUCE MOBILI-
TY AND INDEPENDENCE, INCREASE THE RISK OF PREMATURE DEATH AND LEAD TO
SERIOUS HEALTH PROBLEMS. HOSPITAL ADMISSIONS FOR HIP FRACTURES HAVE
RISEN DRAMATICALLY AND THEY RESULT IN AN AVERAGE LENGTH OF STAY OF ONE
WEEK. GIVEN OUR AGING POPULATION, THE NUMBER OF HIP FRACTURES IS
EXPECTED TO EXCEED FIVE HUNDRED THOUSAND BY YEAR TWO THOUSAND FORTY.
TWENTY-FIVE PERCENT OF OLDER ADULTS WHO SUSTAIN A HIP FRACTURE REMAIN
INSTITUTIONALIZED FOR AT LEAST ONE YEAR AND FIFTY PERCENT OF ALL OLDER
PEOPLE HOSPITALIZED FOR HIP FRACTURES CANNOT RETURN HOME OR LIVE INDE-
PENDENTLY AFTER THEIR INJURY. TWENTY-FIVE PERCENT OF ADULTS AGE
SIXTY-FIVE AND OLDER WHO SUSTAIN HIP FRACTURES DIE WITHIN THE FIRST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07742-01-9
S. 2748 2
YEAR. ANNUALLY, MORE THAN SIXTY-FOUR THOUSAND INDIVIDUALS WHO ARE AGE
SIXTY-FIVE AND OLDER SUFFER A TRAUMATIC BRAIN INJURY AS A RESULT OF A
FALL. THE TOTAL COST OF ALL FALL INJURIES FOR PEOPLE AGE SIXTY-FIVE AND
OLDER WAS CALCULATED IN NINETEEN HUNDRED NINETY-FOUR TO BE TWENTY-SIX
BILLION THREE HUNDRED MILLION DOLLARS. BY THE YEAR TWO THOUSAND TWENTY
THE COST IS EXPECTED TO REACH FORTY-THREE BILLION EIGHT HUNDRED MILLION
DOLLARS. THEREFORE, THE LEGISLATURE FINDS THAT A STATE APPROACH TO
REDUCING FALLS AMONG OLDER ADULTS, WHICH FOCUSES ON THE DAILY LIFE OF
SENIOR CITIZENS IN RESIDENTIAL, INSTITUTIONAL AND COMMUNITY SETTINGS IS
NEEDED.
2. THE DIRECTOR, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, IS
HEREBY AUTHORIZED AND DIRECTED, TO THE EXTENT APPROPRIATIONS ARE AVAIL-
ABLE THEREFOR, TO DEVELOP THE FALL AND INJURY PREVENTION PROGRAM. THE
PURPOSE OF THE PROGRAM SHALL BE TO: (A) PROVIDE EFFECTIVE PUBLIC EDUCA-
TION STRATEGIES TO REDUCE FALLS AMONG OLDER ADULTS AND TO EDUCATE OLDER
ADULTS, FAMILY MEMBERS, EMPLOYERS, CAREGIVERS AND OTHERS; (B) INTENSIFY
SERVICES AND CONDUCT RESEARCH TO DETERMINE THE MOST EFFECTIVE APPROACHES
TO PREVENTING AND TREATING FALLS AMONG OLDER ADULTS; (C) SUPPORT DEMON-
STRATION PROGRAMS DESIGNED TO REDUCE THE RISK OF FALLS AND/OR INJURIES
CAUSED BY FALLS; AND (D) TO EVALUATE THE EFFECT OF FALLS ON HEALTH CARE
COSTS, THE POTENTIAL FOR REDUCING FALLS, AND THE MOST EFFECTIVE STRATE-
GIES FOR REDUCING HEALTH CARE COSTS ASSOCIATED WITH FALLS.
3. THE DIRECTOR, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, IS
HEREBY AUTHORIZED AND DIRECTED, TO THE EXTENT APPROPRIATIONS ARE AVAIL-
ABLE THEREFOR, TO: (A) OVERSEE AND SUPPORT A STATEWIDE EDUCATIONAL
CAMPAIGN AND AWARD GRANTS, CONTRACTS AND COOPERATIVE AGREEMENTS TO BE
CARRIED OUT BY QUALIFIED ORGANIZATIONS THAT FOCUSES ON REDUCING FALLS
AMONG OLDER ADULTS AND PREVENTING REPEAT FALLS; AND (B) AWARD GRANTS,
CONTRACTS OR COOPERATIVE AGREEMENTS TO QUALIFIED ORGANIZATIONS, INSTI-
TUTIONS OR CONSORTIA OF QUALIFIED ORGANIZATIONS AND INSTITUTIONS, FOR
THE PURPOSE OF ORGANIZING REGIONAL AND LOCAL COALITIONS OF APPROPRIATE
LOCAL AGENCIES, SAFETY, HEALTH, SENIOR CITIZEN, CITY PLANNING AND OTHER
ORGANIZATIONS TO DESIGN AND CARRY OUT LOCAL EDUCATION CAMPAIGNS, FOCUS-
ING ON REDUCING FALLS AMONG OLDER ADULTS, PREVENTING REPEAT FALLS, AND
PLANNING AND DESIGNING SAFE COMMUNITIES.
4. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR, IS
HEREBY AUTHORIZED AND DIRECTED, TO THE EXTENT APPROPRIATIONS ARE AVAIL-
ABLE THEREFOR, TO: (A) OVERSEE AND SUPPORT A STATEWIDE EDUCATIONAL
CAMPAIGN AND AWARD GRANTS, CONTRACTS AND COOPERATIVE AGREEMENTS TO BE
CARRIED OUT BY QUALIFIED ORGANIZATIONS THAT FOCUSES ON EDUCATING PHYSI-
CIANS, ALLIED HEALTH PROFESSIONALS, NURSES, HOME CARE, CARE MANAGERS AND
CARE COORDINATORS UNDER CONTRACT WITH A DESIGNATED AGENCY ON AGING AND
OTHER SOCIAL SERVICES PERSONNEL ABOUT FALLS RISK, ASSESSMENT AND
PREVENTION; AND (B) AWARD GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS TO
QUALIFIED ORGANIZATIONS, INSTITUTIONS OR CONSORTIA OF QUALIFIED ORGAN-
IZATIONS AND INSTITUTIONS, INCLUDING NON-PROFIT SAFETY AND AGING RELATED
ORGANIZATIONS THAT HAVE A DEMONSTRATED INTEREST IN FALL PREVENTION,
SAFETY AND OLDER ADULTS ISSUES, FOR THE PURPOSE OF DESIGNING AND CARRY-
ING OUT STATE-LEVEL PROFESSIONAL EDUCATION CAMPAIGNS TO EDUCATE PHYSI-
CIANS, ALLIED HEALTH PROFESSIONALS, NURSES, HOME CARE, CARE MANAGERS AND
CARE COORDINATORS UNDER CONTRACT WITH A DESIGNATED AREA AGENCY ON AGING
AND OTHER SOCIAL SERVICES PERSONNEL ABOUT FALLS RISK, ASSESSMENT AND
PREVENTION.
5. (A) THERE IS HEREBY ESTABLISHED THE FALL AND INJURY PREVENTION
COORDINATING COUNCIL HEREINAFTER REFERRED TO IN THIS SECTION AS THE
"COUNCIL" TO FACILITATE INTERAGENCY PLANNING AND POLICY, DEVELOPMENT, TO
S. 2748 3
PROVIDE RECOMMENDATIONS TO THE DIRECTOR AND THE COMMISSIONER OF HEALTH
RELATING TO THE PROVISIONS OF SUBDIVISIONS TWO, THREE AND FOUR OF THIS
SECTION AND TO PROVIDE A CONTINUING FORUM FOR CONCERNS, DISCUSSION AND
BEST PRACTICES RELATED TO FALLS AND THE PREVENTION OF FALLS AMONG THE
ELDERLY.
(B) THE COUNCIL SHALL BE COMPRISED OF EIGHTEEN MEMBERS. THE MEMBERSHIP
OF THE COUNCIL SHALL INCLUDE THE COMMISSIONER OF HEALTH, THE DIRECTOR
AND THE COMMISSIONER OF EDUCATION. THESE OFFICIALS MAY DESIGNATE REPRE-
SENTATIVES TO ACT ON THEIR BEHALF. THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT FIVE
MEMBERS WHO HAVE KNOWLEDGE OF AND EXPERTISE IN FALLS AND FALL AND INJURY
PREVENTION AMONG OLDER ADULTS. THERE SHALL BE NO FEWER THAN FIVE
MEMBERS FROM NON-PROFIT ORGANIZATIONS REPRESENTING SENIOR CITIZEN ISSUES
AND OF THESE FIVE, NO FEWER THAN TWO SHALL BE REPRESENTATIVE OF STATE-
WIDE NON-PROFIT SENIOR CITIZEN ORGANIZATIONS.
(C) AT LEAST FIVE COMMUNITY FORUMS SHALL BE ORGANIZED WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS SECTION TO GAIN INPUT FROM CONSUMERS,
PROVIDERS, KEY RESEARCHERS IN THE FIELD AND OTHER INTERESTED PARTIES TO
PROVIDE INPUT AND DIRECTION ON DEVELOPING A NEW YORK STATE PLAN FOR
REDUCING FALLS AMONG OLDER ADULTS, WHICH FOCUSES ON THE DAILY LIFE OF
SENIOR CITIZENS IN RESIDENTIAL, INSTITUTIONAL AND COMMUNITY SETTINGS AS
NEEDED. SUCH STATE PLAN SHALL INCLUDE BUT NOT BE LIMITED TO IDENTIFYING
BEST PRACTICES IN IDENTIFYING THOSE AT RISK OF FALLS, BEST PRACTICES IN
REDUCING FALLS, BEST INTERVENTIONS FOR CAREGIVERS TO HELP REDUCE
INSTANCES OF FALLS, BEST APPROACHES TO TRAINING DOCTORS, NURSES AND
OTHER MEDICAL AND NON-MEDICAL PROFESSIONALS AND PARAPROFESSIONALS, AND
ANY OTHER RECOMMENDATIONS DEEMED NECESSARY.
6. THE COUNCIL SHALL MEET QUARTERLY THE FIRST YEAR AND AT LEAST TWICE
ANNUALLY EACH YEAR THEREAFTER OR MORE FREQUENTLY AS ITS BUSINESS SHALL
REQUIRE. THE COMMUNITY FORUMS IN THE FIRST YEAR OF IMPLEMENTATION SHALL
COUNT AS A FORMAL MEETING OF THE COUNCIL. THE STATE SHALL NOT BE
RESPONSIBLE FOR COSTS, TRAVEL AND OTHER INCIDENTAL OR CONTINGENT
EXPENSES OF COUNCIL MEMBERS. THE COUNCIL SHALL PROVIDE REPORTS TO THE
GOVERNOR AND THE LEGISLATURE ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND
TEN AND BY JUNE THIRTIETH OF EVERY OTHER YEAR THEREAFTER. SUCH REPORTS
SHALL INCLUDE, BUT NOT BE LIMITED TO, RECOMMENDATIONS FOR STATE POLICY
RELATING TO FALLS AND REDUCING FALLS AMONG OLDER ADULTS, THE INSTANCES
OF FALLS AMONG OLDER ADULTS IN NEW YORK STATE AND THE RESULTS OF THESE
FALLS, AN ANALYSIS OF THE EFFECT OF THE EDUCATION AND OUTREACH EFFORTS
AND A REVIEW OF SERVICES INITIATED AND COORDINATED AMONG PUBLIC AND
PRIVATE AGENCIES TO MEET THE NEEDS OF THIS SECTION.
S 2. This act shall take effect immediately.
