BILL NUMBER:  S2136

 TITLE OF BILL :  An act to amend the public health law, in relation
to screening for elder abuse and maltreatment

 PURPOSE :

This legislation will require the Commissioner of Health to develop a
screening tool to identify abuse in elderly individuals that may be
used by health care providers.

 SUMMARY OF PROVISIONS :

Section 1: Amends the Public Health Law to add a new Article 19.
Article 19 will require the Commissioner of Health to develop a
screening tool to identify various forms of abuse or maltreatment in
elderly patients that may be used by health care providers during
courses of treatment, including but not limited to, annual physical
exams or patient screenings under the uniform assessment system for
long term care.

Section 2: Establishes the effective date.

 JUSTIFICATION :

Elder abuse has emerged nationally as one of the most underreported
              

crimes. It has been noted that elderly victims who are experiencing
abuse from loved ones, friends, or neighbors will often refuse help
out of fear, embarrassment, or the desire to protect their abuser.
Often this will lead to the continuation of cases that compromise the
financial, physical, and mental health of victims. It cannot be
overstated that these cases have very real impacts and can lead to
tragic consequences. In fact, it has been noted that elders who
experience abuse, even moderate in severity, have a 300% percent
higher risk of death when compared to those who have not been abused.
In fact, there are high correlations between elder abuse and
maltreatment with hospitalization rates, readmissions, and as
aforementioned, the mortality of victims. Because health care
practitioners are in the unique position of seeing patients at regular
intervals, as well as developing long-term relationships of trust,
they have significant opportunities to help identify elder abuse and
maltreatment.

Given the trust and rapport developed through the relationship between
provider and patient, national healthcare agencies, including the
Centers for Medicare and Medicaid Services (CMS) have begun
implementing measures that will increase identification and reporting
of suspected abuse across settings and provider types. In 2004, the
U.S. Preventive Services Task Force found that there were no reliable
screening tools available to identify abuse of elderly or vulnerable
adults in the primary care setting. As a result, CMS began to review
its physician quality reporting system measure, and introduced an
Elder Maltreatment Screen and Follow-up Plan.

As national entities continue to refine intervention techniques and
tools for providers to recognize abuse and maltreatment in the elderly
community, the state must begin to explore these issues and provide
proper guidance to our healthcare community as well. This legislation
will require the Commissioner of Health to develop a voluntary
screening tool for elder abuse and maltreatment for physicians,
physician assistants, and nurse practitioners, in order to encourage
screenings across settings at important intervals, including annual
physicals and as part of the uniform assessment system for long term
care. To that end, the tool will provide practitioners with guidance
that articulates, among other things, common definitions of abuse,
questions that may be used for those who have cognitive impairments,
and most of all, a list of resources that may be provided to those
patients identified as being victims of abuse.

Health care providers play an integral role in our communities,
particularly with respect to their ability to identify important
changes in the life conditions of their patients and their quality of
life. As the aging population continues to grow, we must support this
vital relationship between provider and patient with support and
information.

 LEGISLATIVE HISTORY :

2016: S.6925 Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.