S T A T E   O F   N E W   Y O R K
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                                  8033

                            I N  S E N A T E

                              June 7, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social  services  law  and  the  executive  law,  in
  relation  to  creating a statewide central register of elder abuse and
  maltreatment reports and the elder justice coordinating council

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new article
9-C to read as follows:
                               ARTICLE 9-C
   STATEWIDE CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT REPORTS
SECTION 473-M. DEFINITIONS.
        473-N. STATEWIDE CENTRAL REGISTER OF ELDER ABUSE  AND  MALTREAT-
                 MENT REPORTS.
        473-O. MANDATED REPORTERS.
        473-P. PENALTIES FOR FAILURE TO REPORT.
        473-Q. IMMUNITY FROM LIABILITY.
  S 473-M. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "ABUSED  OR MALTREATED ELDER" MEANS ANY RESIDENT OF NEW YORK STATE
WHO IS SIXTY YEARS OF AGE OR OLDER AND WHO IS ALLEGED TO BE  THE  VICTIM
OF  PHYSICAL  ABUSE,  SEXUAL ABUSE, EMOTIONAL ABUSE, PASSIVE OR SELF-NE-
GLECT, OR FINANCIAL EXPLOITATION,  AS  DEFINED  IN  SUBDIVISION  SIX  OF
SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER.
  2.  "CAREGIVER"  MEANS ANY PERSON WHO HAS ASSUMED FULL OR INTERMITTENT
RESPONSIBILITY FOR THE CARE OR CUSTODY OF AN ELDERLY ADULT,  WHETHER  OR
NOT HE OR SHE RECEIVES COMPENSATION.
  S  473-N.  STATEWIDE  CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT
REPORTS.  1. SUBJECT TO APPROPRIATION, THERE SHALL BE ESTABLISHED IN THE
OFFICE OF CHILDREN AND FAMILY SERVICES A STATEWIDE CENTRAL  REGISTER  OF
ELDER ABUSE AND MALTREATMENT REPORTS MADE PURSUANT TO THIS ARTICLE.
  2. THE CENTRAL REGISTER CREATED BY THIS SECTION SHALL:
  (A)  BE  CAPABLE  OF RECEIVING TELEPHONE CALLS ALLEGING ELDER ABUSE OR
MALTREATMENT AND OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ELDER ABUSE
OR MALTREATMENT AND CAPABLE OF MONITORING THE PROVISION OF ADULT PROTEC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15743-02-6

S. 8033                             2

TIVE SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK. TO  EFFECTUATE
THIS  PURPOSE,  THERE  SHALL  BE A SINGLE STATEWIDE TELEPHONE NUMBER, IN
ADDITION  TO  OTHER  SPECIAL  EXPRESS  REPORTING  PROCEDURES,  THAT  ALL
PERSONS,  WHETHER  MANDATED BY THE LAW OR NOT, MAY USE TO MAKE TELEPHONE
CALLS ALLEGING ELDER ABUSE OR  MALTREATMENT  AND  THAT  ALL  PERSONS  SO
AUTHORIZED  MAY  USE  FOR  DETERMINING THE EXISTENCE OF PRIOR REPORTS IN
ORDER TO EVALUATE THE CONDITION OF THE ELDER;
  (B) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY  BY  THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES TO THE APPROPRIATE ADULT PROTECTIVE SERVICE
FOR  INVESTIGATION,  ANY  ALLEGATIONS  CONTAINED IN SUCH TELEPHONE CALLS
WHEN THEY COULD  REASONABLY  CONSTITUTE  A  REPORT  OF  ELDER  ABUSE  OR
MALTREATMENT, INCLUDING SUCH ALLEGATIONS AND ANY PREVIOUS REPORTS TO THE
CENTRAL  REGISTRY INVOLVING THE SUBJECT OF SUCH REPORT OR ELDER NAMED IN
SUCH REPORT, AND ANY PREVIOUS REPORTS CONTAINING  ALLEGATIONS  OF  ELDER
ABUSE  AND  MALTREATMENT  ALLEGED TO HAVE OCCURRED IN OTHER COUNTIES AND
DISTRICTS IN NEW YORK STATE;
  (C) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY TO  THE  APPROPRIATE
LOCAL  ADULT  PROTECTIVE  SERVICE  FOR INVESTIGATION, ANY TELEPHONE CALL
MADE BY A PERSON REQUIRED TO REPORT CASES OF SUSPECTED  ELDER  ABUSE  OR
MALTREATMENT  PURSUANT  TO THIS ARTICLE CONTAINING ALLEGATIONS, WHICH IF
TRUE WOULD CONSTITUTE ELDER ABUSE OR MALTREATMENT;
  (D) CONVEY BY THE MOST EXPEDIENT MEANS AVAILABLE  TO  THE  APPROPRIATE
LAW  ENFORCEMENT  AGENCY,  DISTRICT  ATTORNEY,  OR OTHER PUBLIC OFFICIAL
EMPOWERED TO  PROVIDE  NECESSARY  AID  OR  ASSISTANCE,  ANY  INFORMATION
CONTAINED  IN  A  TELEPHONE CALL TO THE REGISTER WHERE THE CIRCUMSTANCES
DESPITE NOT CONSTITUTING ABUSE OR MALTREATMENT AS DEFINED IN THIS  ARTI-
CLE, MAY CONSTITUTE A CRIME OR AN IMMEDIATE THREAT TO THE ELDER'S HEALTH
OR SAFETY;
  (E)  MAINTAIN  RECORDS INCLUDING, BUT NOT LIMITED TO: ALL THE INFORMA-
TION IN THE WRITTEN REPORT; A RECORD OF THE  FINAL  DISPOSITION  OF  THE
REPORT;  INFORMATION  RECEIVED  FROM  THE  LOCAL SOCIAL SERVICES AGENCY,
INCLUDING SERVICES OFFERED AND SERVICES ACCEPTED, THE NAMES AND  IDENTI-
FYING  DATA, DATES AND CIRCUMSTANCES OF ANY PERSON REQUESTING OR RECEIV-
ING INFORMATION FROM THE REGISTER; AND ANY OTHER INFORMATION  WHICH  THE
COMMISSIONER  BELIEVES  MIGHT  BE  HELPFUL  IN  THE  FURTHERANCE  OF THE
PURPOSES OF THIS ARTICLE; AND
  (F) MAINTAIN  THE  CONFIDENTIALITY  OF  REPORTS  WRITTEN,  INFORMATION
OBTAINED, OR PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS IN THE POSSESSION
OF  THE OFFICE OR LOCAL DEPARTMENTS, EXCEPT FOR LAW ENFORCEMENT AGENCIES
AND OTHERS DEEMED BY THE COMMISSIONER OF  THE  OFFICE  OF  CHILDREN  AND
FAMILY SERVICES TO HAVE A RELEVANT INTEREST IN THE MATERIALS GIVEN THEIR
LEGAL OR OFFICIAL STATUS.
  S  473-O.  MANDATED  REPORTERS. 1. THE FOLLOWING PERSONS AND OFFICIALS
ARE REQUIRED TO REPORT OR CAUSE A REPORT  TO  BE  MADE  TO  THE  CENTRAL
REGISTRY UNDER SECTION FOUR HUNDRED SEVENTY-THREE-N OF THIS ARTICLE WHEN
THEY  HAVE  REASONABLE  CAUSE  TO  SUSPECT THAT AN ELDERLY PERSON COMING
BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS AN  ABUSED  OR
MALTREATED ELDER; OR WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT THE
INDIVIDUAL  IS AN ABUSED OR MALTREATED ELDER WHEN THE SPOUSE, CAREGIVER,
OR GUARDIAN OR OTHER PERSON LEGALLY  RESPONSIBLE  FOR  THE  ELDER  COMES
BEFORE  THEM  IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AND STATES FROM
PERSONAL KNOWLEDGE FACTS, CONDITIONS OR CIRCUMSTANCES WHICH, IF CORRECT,
WOULD RENDER THE ELDER AN ABUSED OR MALTREATED ELDER:    ANY  PHYSICIAN;
REGISTERED  PHYSICIAN  ASSISTANT; SURGEON; MEDICAL EXAMINER; PHARMACIST;
CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH;  OPTOMETRIST;  CHIROPRAC-
TOR;  PODIATRIST;  RESIDENT;  INTERN;  PSYCHOLOGIST;  REGISTERED  NURSE;

S. 8033                             3

SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; MENTAL HEALTH PROFESSIONAL;
LICENSED MARRIAGE AND FAMILY THERAPIST; LICENSED MENTAL  HEALTH  COUNSE-
LOR; LICENSED PSYCHOANALYST; LICENSED BEHAVIOR ANALYST; HOSPITAL PERSON-
NEL  ENGAGED  IN  ADMISSION,  EXAMINATION, CARE OR TREATMENT OF PERSONS;
SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM  COUNSELOR;  ALL  PERSONS  CREDEN-
TIALED  BY  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES;
LICENSED MASTER SOCIAL WORKER;  LICENSED  CLINICAL  SOCIAL  WORKER;  ANY
ADMINISTRATOR,  EMPLOYEE  OR  VOLUNTEER IN A NURSING HOME OR RESIDENTIAL
HEALTHCARE FACILITY THAT IS  LICENSED,  CERTIFIED  OR  OPERATED  BY  THE
DEPARTMENT  OF  HEALTH;  ANY  EMPLOYEE OF A PERSONAL CARE OR HOME HEALTH
AIDE PROGRAM; ANY PERSON OR EMPLOYEE OF  ANY  CORPORATION,  PARTNERSHIP,
ORGANIZATION  OR OTHER ENTITY WHICH IS UNDER CONTRACT TO PROVIDE PATIENT
CARE SERVICES IN A RESIDENTIAL HEALTH CARE FACILITY; AN  EMPLOYEE  OF  A
COUNTY ADULT PROTECTIVE SERVICES AGENCY; POLICE OFFICER; DISTRICT ATTOR-
NEY OR ASSISTANT DISTRICT ATTORNEY; PEACE OFFICER; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;
AN  ATTORNEY  SO LONG AS IT DOES NOT VIOLATE THE NEW YORK STATE RULES OF
PROFESSIONAL CONDUCT.
  2. ANY PERSON WHO IS REQUIRED  TO  INVESTIGATE  REPORTS  OF  ABUSE  OR
MALTREATMENT  AND WHO HAS REASONABLE CAUSE TO SUSPECT THAT A VICTIM DIED
AS A RESULT OF MALTREATMENT OR ABUSE SHALL IMMEDIATELY REPORT THE SUSPI-
CION TO THE CENTRAL REGISTRY WHICH SHALL CONVEY THE REPORT  THROUGH  THE
MOST  EXPEDIENT  MEANS AVAILABLE TO THE APPROPRIATE MEDICAL EXAMINER AND
LAW ENFORCEMENT AUTHORITIES, NOTWITHSTANDING THE EXISTENCE  OF  A  DEATH
CERTIFICATE SIGNED BY A PRACTICING PHYSICIAN. THE MEDICAL EXAMINER SHALL
ACCEPT THE REPORT FOR INVESTIGATION AND SHALL REPORT THE FINDINGS OF THE
INVESTIGATION,  IN  WRITING, TO THE APPROPRIATE LAW ENFORCEMENT AUTHORI-
TIES.
  3. REPORTS OF SUSPECTED ELDER ABUSE SHALL BE MADE IMMEDIATELY BY TELE-
PHONE OR BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY  THE  COMMISSIONER
OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES TO THE CENTRAL REGISTRY.
SUCH TELEPHONE REPORTS SHALL BE FOLLOWED BY A REPORT IN  WRITING  WITHIN
TWENTY-FOUR HOURS AFTER SUCH ORAL REPORT.
  S  473-P. PENALTIES FOR FAILURE TO REPORT. ANY PERSON REQUIRED BY THIS
ARTICLE TO REPORT A CAUSE OF SUSPECTED ELDER ABUSE OR  MALTREATMENT  WHO
WILLFULLY  FAILS  TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR. ANY
PERSON REQUIRED BY THIS ARTICLE TO REPORT  A  CASE  OF  SUSPECTED  ELDER
ABUSE  OR  MALTREATMENT WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL
BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
  S 473-Q. IMMUNITY FROM LIABILITY. ANY PERSON WHO IN GOOD FAITH MAKES A
REPORT OF ALLEGATIONS OF ELDER ABUSE OR MALTREATMENT AS REQUIRED BY THIS
TITLE, INCLUDING THOSE WHO IN GOOD FAITH MAKE  A  REPORT  TO  THE  WRONG
RECIPIENT,  SHALL  HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH OTHERWISE
RESULT BY REASON OF SUCH ACTIONS. ANY PERSON WHO REASONABLY AND IN  GOOD
FAITH  MAKES  A  REPORT OF ALLEGATIONS OF ELDER ABUSE OR MALTREATMENT AS
REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY FROM CIVIL  LIABILITY  WHICH
MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
  S  2.  The executive law is amended by adding a new article 28 to read
as follows:
                               ARTICLE 28
                   ELDER JUSTICE COORDINATING COUNCIL
SECTION 830. ELDER JUSTICE COORDINATING COUNCIL.
  S 830. ELDER JUSTICE COORDINATING COUNCIL. 1. THE ELDER JUSTICE  COOR-
DINATING  COUNCIL  IS  HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO
FACILITATE INTERAGENCY PLANNING AND REVIEW SPECIFIC  AGENCY  INITIATIVES
FOR  THEIR  IMPACT ON THE REPORTING AND INVESTIGATION OF ELDER ABUSE AND

S. 8033                             4

MALTREATMENT IN THE STATE, AND TO  PROVIDE  A  FORUM  FOR  CONCERNS  AND
DISCUSSION  RELATED  TO  THE  FORMATION  OF A COMPREHENSIVE STATE POLICY
RELATING TO ELDER ABUSE AND MALTREATMENT. THE  COUNCIL  SHALL  HAVE  AND
EXERCISE  THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY THIS ARTICLE AND
ANY OTHER PROVISION OF LAW.
  2. THE COUNCIL SHALL BE COMPRISED OF TWENTY-ONE  MEMBERS  AS  FOLLOWS:
THE  COMMISSIONER  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, THE
DIRECTOR OF THE OFFICE FOR THE AGING, THE COMMISSIONER OF  THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES,  THE  COMMISSIONER OF THE DEPARTMENT OF
HEALTH, AND THE COMMISSIONER OF THE  OFFICE  OF  ALCOHOL  AND  SUBSTANCE
ABUSE  SERVICES,  AND  A  REPRESENTATIVE FROM THE DEPARTMENT OF LAW, WHO
SHALL SERVE EX OFFICIO AND WHO MAY DESIGNATE REPRESENTATIVES TO  ACT  ON
THEIR BEHALF. THE GOVERNOR SHALL APPOINT SEVEN OTHER MEMBERS WITH EXPER-
TISE  IN ELDER ABUSE AND MALTREATMENT ISSUES, AT LEAST TWO OF WHOM SHALL
REPRESENT  NOT-FOR-PROFIT  CORPORATIONS  WHOSE  PRIMARY  PURPOSE  IS  TO
PROVIDE  ACCESS  TO  EXPERTS  FOR  THE  DEVELOPMENT  OF  ELDER ABUSE AND
MALTREATMENT SERVICES AND INTERVENTION, AND AT LEAST  TWO  OF  WHOM  WHO
SHALL  REPRESENT  LAW  ENFORCEMENT  AGENCIES  THAT HAVE EXPERTISE IN THE
INVESTIGATION AND PROSECUTION OF  ELDER  ABUSE  OR  MALTREATMENT.  EIGHT
MEMBERS  SHALL BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE
LEGISLATIVE LEADERS AS FOLLOWS: THE TEMPORARY PRESIDENT  OF  THE  SENATE
AND  THE  SPEAKER  OF THE ASSEMBLY SHALL EACH RECOMMEND THREE MEMBERS TO
THE COUNCIL. ONE OF THE THREE MEMBERS RECOMMENDED BY THE TEMPORARY PRES-
IDENT AND ONE OF THE THREE MEMBERS RECOMMENDED BY THE SPEAKER SHALL BE A
FAMILY MEMBER, CAREGIVER, OR ADVOCATE OF A PERSON WHO HAS SUFFERED  FROM
ELDER ABUSE OR MALTREATMENT. ONE MEMBER SHALL BE APPOINTED ON THE RECOM-
MENDATION  OF  THE MINORITY LEADER OF THE SENATE AND ONE MEMBER SHALL BE
APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE  ASSEMBLY.
THE  COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE
DIRECTOR OF THE OFFICE  FOR  THE  AGING  SHALL  SERVE,  EX  OFFICIO,  AS
CO-CHAIRS  OF  THE COUNCIL. ADMINISTRATIVE DUTIES SHALL BE THE RESPONSI-
BILITY OF THE OFFICE.   THE MEMBERS OF  THE  COUNCIL  SHALL  RECEIVE  NO
COMPENSATION FOR THEIR SERVICES.
  3.  WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION THE COUN-
CIL SHALL ESTABLISH COMMUNITY  FORUMS  TO  GAIN  INPUT  FROM  CONSUMERS,
PROVIDERS, KEY LAW ENFORCEMENT AGENCIES, MEDICAL PROFESSIONALS AND OTHER
INTERESTED  PARTIES  TO  PROVIDE INPUT AND DIRECTION ON DEVELOPING A NEW
YORK STATE PLAN FOR THE IDENTIFICATION, INVESTIGATION, AND  INTERVENTION
INTO  CASES  OF ELDER ABUSE AND MALTREATMENT. A COMMUNITY FORUM SHALL BE
ESTABLISHED IN EACH OF THE FOLLOWING REGIONS OF THE STATE: LONG  ISLAND,
NEW  YORK  CITY,  NORTHERN METROPOLITAN NEW YORK, NORTHWESTERN NEW YORK,
UTICA AREA, CENTRAL NEW YORK, ROCHESTER  AREA,  AND  WESTERN  NEW  YORK.
SUCH  STATE PLAN SHALL INCLUDE BUT NOT BE LIMITED TO RECOMMENDATIONS FOR
THE IMPLEMENTATION OF A STATEWIDE CENTRAL REGISTRY FOR THE REPORTING  OF
SUSPECTED  ELDER  ABUSE AND MALTREATMENT, RECOMMENDATIONS FOR THE IMPLE-
MENTATION OF MANDATED REPORTING GUIDELINES ACROSS THE STATE, BEST  PRAC-
TICES  IN  IDENTIFYING  ELDER ABUSE AND MALTREATMENT SIGNS AND SYMPTOMS,
THE IDENTIFICATION OF BEST PRACTICES FOR LAW  ENFORCEMENT  OFFICIALS  IN
THE  IDENTIFICATION,  INVESTIGATION,  AND PROSECUTION OF THESE CASES, AN
ACCOUNTING OF THE INCIDENCE OF THESE CASES STATEWIDE, IN ADDITION  TO  A
COMMUNITY  ASSESSMENT  OF  THE STRENGTHS AND GAPS IN COMMUNITY AND STATE
SUPPORT SERVICES, IN ORDER TO COORDINATE SERVICES AMONG VARIOUS  SYSTEMS
AND AGENCIES, AND ANY OTHER RECOMMENDATIONS.
  4. THE COUNCIL SHALL MEET QUARTERLY OR MORE FREQUENTLY IF ITS BUSINESS
SHALL  REQUIRE. THE COMMUNITY FORUMS IN THE FIRST YEAR OF IMPLEMENTATION
COUNT AS A FORMAL MEETING OF THE COUNCIL.   THE MEMBERS OF  THE  COUNCIL

S. 8033                             5

SHALL  RECEIVE  NO  COMPENSATION  BUT SHALL BE REIMBURSED FOR TRAVEL AND
OTHER EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE  PERFORMANCE  OF
THEIR  DUTIES. THE COUNCIL SHALL PROVIDE REPORTS TO THE GOVERNOR AND THE
LEGISLATURE  ON  OR BEFORE OCTOBER FIRST, TWO THOUSAND SEVENTEEN, AND BY
OCTOBER FIRST OF EVERY OTHER YEAR THEREAFTER. SUCH REPORTS SHALL INCLUDE
RECOMMENDATIONS FOR STATE POLICY RELATING TO ELDER ABUSE  AND  MALTREAT-
MENT AND A REVIEW OF SERVICES INITIATED AND COORDINATED AMONG PUBLIC AND
PRIVATE AGENCIES TO MEET THE NEEDS OF VICTIMS.
  5. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SERVE AS THE FOCAL
POINT  TO  DEVELOP  COMPREHENSIVE  COORDINATED  RESPONSES OF THE VARIOUS
STATE AND LOCAL AGENCIES WITH REGARD TO ELDER ABUSE AND MALTREATMENT AND
THUS TO ENSURE TIMELY AND APPROPRIATE RESPONSES TO REPORTS AND  INVESTI-
GATIONS.
  6.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
THE COUNCIL, SHALL UTILIZE DATA AND INFORMATION COMPILED AND  MAINTAINED
PURSUANT  TO THIS ARTICLE TO COORDINATE STATE FUNDED RESEARCH EFFORTS TO
ENSURE THE MOST EFFICIENT USE OF FUNDS AVAILABLE  FOR  THE  PURPOSES  OF
THIS ARTICLE.
  S 3. This act shall take effect October 1, 2016; provided that section
one of this act shall take effect January 1, 2018.