BILL NUMBER: S5803              REVISED MEMO 01/17/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the executive law, in relation to
creating the multi-disciplinary team demonstration program

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Creates the multi-disciplinary team demonstration program for complex
cases of adult abuse, neglect, or financial exploitation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 examines the utilization and value of multi-disciplinary teams
(MDTs) and making use of experience, expertise and perspectives with the
intention of minimizing unintended negative consequences.

Beyond the usefulness of MDTs, it is often recommended to include
language providing for the establishment of the MDT to provide input in
any specifics not contained in the statue. This inclusion ensures that
the involved professions have a chance to be heard before a program is
              

implemented in a way which might adversely affect the members of such
professions or the individuals served by the professions.

Section 2. Section 501-I is added to amend executive law to read as
follows:

501-i. MDT program. The office of children and family services is
authorized to establish a MDT program to establish multi-disciplinary
teams at the county level for cases of adult abuse, neglect, or finan-
cial exploitation. It will be comprised of professionals across disci-
plines that provide professional knowledge and expertise of their
respective disciplines as well as a full-time MDT coordinator for each
demonstration location. The team coordinator will provide case consulta-
tion, facilitate MDT meetings, monitor progress, and facilitate coordi-
nation and cooperative action in the provision of appropriate services
to an individual identified as being a victim of abuse, neglect, or
financial exploitation. A secure database use by the MDT coordinator for
intake, tracking and outcomes of such cases will be established and used
as part of the demonstration program.

Section 3. Takes effect immediately.

 
JUSTIFICATION:

One in nine seniors reported being abused, neglected or exploited in the
past twelve months. The rate of financial exploitation is extremely
high, with 1 in 20 older adults indicating some form of perceived finan-
cial mistreatment occurring in the recent past. Elder abuse is vastly
underreported with only one in 44 cases of financial abuse is ever
reported. This leads to abused seniors being three times more likely to
die and elder abuse victims four times more likely to go into a nursing
home. 90t of abusers are family members or trusted others. Cognitive
impairment and the need for help with activities of daily living make
victims more vulnerable to financial abuse.

The devastating effects of financial exploitation on a vulnerable adult:

*Loss of trust in others
*Loss of security
*Depression
*Feelings of fear, shame, guilt, anger, self-doubt, worthlessness
*Financial destitution
*Inability to replace lost assets through employment
*Inability to hire attorney to pursue legal protections and remedies
*Becoming reliant on government 'safety net' programs
*Inability to provide long term care needs
*Loss of primary residence

Acting pursuant to the "Older Americans Act," the New York State Legis-
lature has created and adopted many laws affecting 'social, educational,
financial and support service programs for seniors.  However, unlike
several states, New York has failed to enact specific penal statutes to
aid in the prosecution of those who financially victimize vulnerable
senior citizens and persons with a disability.  As New York's senior
citizen population has increased, there has also been a marked increase
in the reported incidents of financial abuse of our aging population.

The types of offenses range from theft of funds from checking accounts
to real estate and investment fraud. There is a tendency for the offen-
der to be an individual with a close relationship to the victim, espe-
cially a family member, caretaker, or friend. The elderly individual or
person with a disability is particularly vulnerable to their offenders
since they rely upon them for the requirements of their daily living.

Today a majority of states have criminal statutes to specifically
address financial abuse of elderly or disabled persons. Prosecutors in
New York have found that current larceny statutes are not an adequate
means to prosecute this increasing criminal conduct.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5803 - Referred to Children & Families / A.5092 - Referred to
Aging
2016: S.7620 - Referred to Children & Families / A.9608 - Referred to
Aging

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
Immediately.