S T A T E O F N E W Y O R K
________________________________________________________________________
7649
I N S E N A T E
February 5, 2018
___________
Introduced by Sens. PHILLIPS, YOUNG -- read twice and ordered printed,
and when printed to be committed to the Committee on Aging
AN ACT to amend the social services law, in relation to mandatory
reporting of senior abuse or maltreatment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title 1 of article 9-B of the social services law is
amended by adding a new section 473-aa to read as follows:
§ 473-AA. DUTY TO REPORT SENIOR ABUSE. 1. AS USED IN THIS SECTION:
(A) "SENIOR" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
(B) "PERSON LEGALLY RESPONSIBLE FOR A SENIOR" MEANS AND INCLUDES THE
SENIOR'S CUSTODIAN, GUARDIAN OR ANY OTHER PERSON FORMALLY OR INFORMALLY
RESPONSIBLE FOR THE SENIOR'S CARE AT THE RELEVANT TIME, ANY PERSON
ACTING WITH POWER OF ATTORNEY, TRUSTEE APPOINTED BY A COURT, OR ANY
PERSON WHO BY CONSENT, CONTRACT OR LEGAL ORDER ACTS TO ARRANGE THE
AFFAIRS OF THE SENIOR.
(C) "ABUSED SENIOR" MEANS AND INCLUDES A SENIOR ABUSED IN ANY OF THE
FOLLOWING MANNERS:
(I) "PHYSICAL ABUSE" MEANS THE NON-ACCIDENTAL USE OF FORCE THAT
RESULTS IN THE SUFFERING OF BODILY INJURY, PHYSICAL PAIN OR IMPAIRMENT
RESULTING FROM THE USE OF PHYSICAL FORCE AGAINST A SENIOR, INCLUDING BUT
NOT LIMITED TO, STRIKING WITH OR WITHOUT AN OBJECT, HITTING, BEATING,
PUSHING, SHOVING, SHAKING, KICKING, PINCHING, BEING SLAPPED, BURNED,
CUT, BRUISED OR IMPROPERLY PHYSICALLY RESTRAINED. ALSO INCLUDES ANY
PHYSICAL SIGNS OF IMPAIRMENT OR OF BEING SUBJECTED TO PUNISHMENT, OR
SIGNS OF BEING RESTRAINED, OR A SENIOR'S REPORT OF BEING HIT, SLAPPED,
KICKED, OR MISTREATED.
(II) "SEXUAL ABUSE" MEANS NON-CONSENSUAL SEXUAL CONTACT OF ANY KIND
WITH A SENIOR, INCLUDING BUT NOT LIMITED TO, UNWANTED TOUCHING, SEXUAL
ASSAULT OR BATTERY, RAPE, SODOMY, COERCED NUDITY, AND SEXUALLY EXPLICIT
PHOTOGRAPHING, FORCING SEXUAL CONTACT OR FORCING SEX WITH A THIRD PARTY.
(III) "EMOTIONAL OR PSYCHOLOGICAL ABUSE" MEANS WILLFUL INFLICTION OF
MENTAL OR EMOTIONAL ANGUISH BY THREAT, HUMILIATION, INTIMIDATION OR
OTHER ABUSIVE CONDUCT, INCLUDING BUT NOT LIMITED TO, FRIGHTENING OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13597-01-7
S. 7649 2
ISOLATING AN ADULT. EMOTIONAL OR PSYCHOLOGICAL ABUSE MAY ALSO INCLUDE
THE INFLICTION OF ANGUISH, PAIN OR DISTRESS THROUGH VERBAL OR NONVERBAL
ACTS, INCLUDING BUT NOT LIMITED TO VERBAL ASSAULTS, INSULTS, THREATS,
INTIMIDATION, HUMILIATION, AND HARASSMENT, INFANTILIZING A SENIOR,
ISOLATING A SENIOR FROM HIS OR HER FAMILY, FRIENDS OR REGULAR ACTIV-
ITIES, OR ENFORCED SOCIAL ISOLATION, THE RESULTS OF WHICH MAY BE EVINCED
BY IMPAIRMENTS INCLUDING BUT NOT LIMITED TO THE CAREGIVER'S REFUSAL TO
ALLOW VISITORS TO SEE A SENIOR ALONE, OR CHANGES IN THE SENIOR'S BEHAV-
IOR THAT RESULT IN THE SENIOR BEING EMOTIONALLY UPSET OR AGITATED, BEING
EXTREMELY WITHDRAWN AND NONCOMMUNICATIVE OR NONRESPONSIVE, UNUSUAL
BEHAVIOR USUALLY ATTRIBUTED TO DEMENTIA (E.G. SUCKING, BITING, ROCK-
ING).
(IV) "NEGLECT" MEANS THE REFUSAL OR FAILURE TO FULFILL ANY PART OF A
PERSON'S OBLIGATIONS OR DUTIES TO A SENIOR, FAILURE OF A PERSON WHO HAS
FIDUCIARY RESPONSIBILITIES TO PROVIDE CARE FOR A SENIOR OR THE FAILURE
ON THE PART OF AN IN-HOME SERVICE PROVIDER TO PROVIDE SUCH NECESSARY
CARE, INCLUDING THE REFUSAL OR FAILURE TO PROVIDE AN ELDERLY PERSON WITH
SUCH LIFE NECESSITIES AS FOOD, WATER, CLOTHING, SHELTER, PERSONAL
HYGIENE, MEDICINE, COMFORT, PERSONAL SAFETY, AND OTHER ESSENTIALS
INCLUDED IN AN IMPLIED OR AGREED-UPON RESPONSIBILITY TO SUCH SENIOR, THE
RESULTS OF WHICH MAY BE EVINCED BY SUCH VISIBLE PHYSICAL IMPAIRMENTS AS
DEHYDRATION, MALNUTRITION, UNTREATED BED SORES, AND POOR PERSONAL
HYGIENE, UNATTENDED OR UNTREATED HEALTH PROBLEMS, HAZARDOUS OR UNSAFE
LIVING CONDITIONS/ARRANGEMENTS, UNSANITARY AND UNCLEAN LIVING CONDITIONS
(E.G. DIRT, FLEAS, LICE ON PERSON, SOILED BEDDING, FECAL/URINE SMELL,
INADEQUATE CLOTHING).
(V) "ABANDONMENT" MEANS THE DESERTION OF A SENIOR BY AN INDIVIDUAL WHO
HAS ASSUMED RESPONSIBILITY FOR PROVIDING CARE FOR SUCH SENIOR, OR BY A
PERSON WITH PHYSICAL CUSTODY OF A SENIOR, INCLUDING BUT NOT LIMITED TO
THE DESERTION OF A SENIOR AT A HOSPITAL, A NURSING FACILITY, OR OTHER
SIMILAR INSTITUTION, OR THE DESERTION OF A SENIOR AT A SHOPPING CENTER
OR OTHER PUBLIC LOCATION; OR A SENIOR'S REPORT OF BEING ABANDONED.
(VI) "FINANCIAL OR MATERIAL EXPLOITATION" MEANS THE ILLEGAL OR IMPROP-
ER USE OF A SENIOR'S FUNDS, PROPERTY, OR ASSETS, INCLUDING WITHOUT LIMI-
TATION CASHING A SENIOR'S CHECKS WITHOUT AUTHORIZATION OR PERMISSION,
FORGING A SENIOR'S SIGNATURE, MISUSING OR STEALING A SENIOR'S MONEY OR
POSSESSIONS, COERCING OR DECEIVING A SENIOR INTO SIGNING A DOCUMENT SUCH
AS A CONTRACT OR A WILL, OR IMPROPER USE OF CONSERVATORSHIP, GUARDIAN-
SHIP, OR POWER OF ATTORNEY.
(VII) "SELF-NEGLECT" MEANS THE BEHAVIOR OF AN ELDERLY PERSON THAT
THREATENS HIS OR HER OWN HEALTH OR SAFETY THROUGH THE REFUSAL OR FAILURE
TO PROVIDE HIMSELF OR HERSELF WITH ADEQUATE FOOD, WATER, CLOTHING, SHEL-
TER, PERSONAL HYGIENE, MEDICATION (WHEN INDICATED), AND SAFETY PRECAU-
TIONS.
2. ADULT PROTECTIVE SERVICES SHALL ESTABLISH A REGISTRY THAT SHALL BE
CAPABLE OF RECEIVING REPORTS BY TELEPHONE, FAX, E-MAIL, AND ANY OTHER
FORMS OF COMMUNICATION THE LOCAL COMMISSIONER OF SOCIAL SERVICES DEEMS
APPROPRIATE, ALLEGING THAT A SENIOR HAS BECOME AN ABUSED SENIOR, OR
IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ABUSE INVOLVING SUCH SENIOR OR
OTHER PERSONS NAMED IN THE REPORT.
3. THE FOLLOWING PERSONS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO
BE MADE IN ACCORDANCE WITH THIS SECTION WHEN, WHILE ACTING IN THEIR
PROFESSIONAL OR OFFICIAL CAPACITY, THEY HAVE REASONABLE CAUSE TO SUSPECT
THAT A SENIOR COMING BEFORE THEM IS AN ABUSED SENIOR, OR WHEN THEY HAVE
REASONABLE CAUSE TO SUSPECT THAT A SENIOR IS AN ABUSED SENIOR, AS
DEFINED IN SUBDIVISION ONE OF THIS SECTION:
S. 7649 3
(A) ANY HEALTH CARE WORKER, INCLUDING ANY PHYSICIAN, PHYSICIAN ASSIST-
ANT, SURGEON, MEDICAL EXAMINER, CORONER, DENTIST, DENTAL HYGIENIST,
OSTEOPATH, OPTOMETRIST, CHIROPRACTOR, PODIATRIST, RESIDENT, INTERN,
PSYCHOLOGIST, REGISTERED NURSE, EMERGENCY MEDICAL TECHNICIAN, OR ANY
HOSPITAL OR NURSING HOME AND ASSISTED LIVING PERSONNEL ENGAGED IN THE
ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS, OR ANY OTHER
HEALTH CARE OR HEALTH SERVICES PRACTITIONER, INCLUDING A CHRISTIAN
SCIENCE PRACTITIONER, ACUPUNCTURIST, OR OTHER SUCH PERSON;
(B) ANY SOCIAL WORKER, SOCIAL SERVICES WORKER, OR ANY PROVIDER OF
FAMILY OR GROUP FAMILY DAY CARE;
(C) ANY MENTAL HEALTH PROFESSIONAL, SUBSTANCE ABUSE COUNSELOR OR ALCO-
HOLISM COUNSELOR;
(D) ANY PERSON, INCLUDING A DIRECTOR, OPERATOR, EMPLOYEE, VOLUNTEER,
OR CONTRACTOR, IN A PUBLIC, PRIVATE, OR NOT-FOR-PROFIT FACILITY WHICH
PROVIDES CARE TO ONE OR MORE SENIORS AND WHICH IS LICENSED OR REGISTERED
PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE PUBLIC HEALTH LAW;
(E) ANY PEACE OFFICER, POLICE OFFICER, DISTRICT ATTORNEY OR ASSISTANT
DISTRICT ATTORNEY, INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT
ATTORNEY OR OTHER LAW ENFORCEMENT OFFICIAL; AND
(F) ANY BANKER, FINANCIAL CONSULTANT, ATTORNEY, OR PARALEGAL WITH
ACCESS TO A SENIOR'S FINANCIAL RECORDS OR RESOURCES OR LEGAL DOCUMENTS
OR WHO POSSESSES POWER OF ATTORNEY FOR SUCH SENIOR.
THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FURTHER DEFINE AND
ENUMERATE IN REGULATIONS PERSONS AND OCCUPATIONS WHICH ARE REQUIRED TO
REPORT WHEN THEY SUSPECT THAT A SENIOR HAS BECOME AN ABUSED SENIOR.
4. REPORTS OF SENIOR ABUSE MADE PURSUANT TO THIS SECTION SHALL BE MADE
WITHIN FORTY-EIGHT HOURS OF DISCOVERY TO ADULT PROTECTIVE SERVICES BY
TELEPHONE, FAX, E-MAIL OR ANY OTHER COMMUNICATION PROTOCOL ON A FORM
SUPPLIED BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES. ORAL REPORTS
SHALL BE FOLLOWED BY A REPORT IN WRITING WITHIN FORTY-EIGHT HOURS AFTER
SUCH ORAL REPORT.
5. WRITTEN REPORTS SHALL BE MADE IN A MANNER PRESCRIBED BY AND ON
FORMS SUPPLIED BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES AND SHALL
INCLUDE THE FOLLOWING INFORMATION:
(A) THE NAME AND ADDRESS OF THE SENIOR;
(B) THE PERSON RESPONSIBLE FOR HIS OR HER CARE, IF KNOWN;
(C) THE NAME AND ADDRESS OF THE CARE FACILITY OR PROGRAM IN WHICH THE
SENIOR RESIDES OR IS RECEIVING CARE;
(D) THE SENIOR'S AGE, SEX AND RACE;
(E) THE NATURE AND EXTENT OF THE INJURIES, ABUSE OR MALTREATMENT,
INCLUDING ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR MALTREATMENT;
(F) THE NAME OF THE PERSON OR PERSONS ALLEGED TO BE RESPONSIBLE FOR
CAUSING THE INJURY, ABUSE OR MALTREATMENT, IF KNOWN;
(G) FAMILY COMPOSITION, WHERE APPROPRIATE;
(H) THE SOURCE OF THE REPORT;
(I) THE PERSON MAKING THE REPORT AND WHERE HE OR SHE CAN BE REACHED;
(J) THE ACTIONS TAKEN BY THE REPORTING SOURCE, INCLUDING THE TAKING OF
PHOTOGRAPHS AND TECHNOLOGICAL SCANS, OR NOTIFYING THE MEDICAL EXAMINER
OR CORONER; AND
(K) ANY OTHER INFORMATION WHICH THE LOCAL COMMISSIONER OF SOCIAL
SERVICES MAY BY REGULATION REQUIRE, OR WHICH THE PERSON MAKING THE
REPORT BELIEVES MIGHT BE HELPFUL, IN THE FURTHERANCE OF THE INTENT AND
PURPOSES OF THIS TITLE.
6. WHENEVER SUCH PERSON REQUIRED TO REPORT UNDER THIS SECTION IN HIS
OR HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR
PRIVATE INSTITUTION, FACILITY OR AGENCY, HE OR SHE SHALL MAKE THE REPORT
S. 7649 4
AS REQUIRED BY THIS SECTION AND IMMEDIATELY NOTIFY THE PERSON IN CHARGE
OF SUCH INSTITUTION, FACILITY OR AGENCY, OR THE DESIGNATED AGENT OF SUCH
PERSON. SUCH PERSON IN CHARGE, OR THE DESIGNATED AGENT OF SUCH PERSON,
SHALL BE RESPONSIBLE FOR ALL SUBSEQUENT ADMINISTRATION NECESSITATED BY
THE REPORT. NOTHING IN THIS SECTION IS INTENDED TO REQUIRE MORE THAN ONE
REPORT FROM ANY SUCH INSTITUTION, FACILITY OR AGENCY.
7. A PERSON OR OFFICIAL REQUIRED TO REPORT SUSPECTED SENIOR ABUSE OR
MALTREATMENT WHO HAS REASONABLE CAUSE TO SUSPECT THAT A SENIOR DIED AS A
RESULT OF ABUSE OR MALTREATMENT SHALL REPORT THE FACT TO THE APPROPRIATE
MEDICAL EXAMINER OR CORONER. THE MEDICAL EXAMINER OR CORONER SHALL
ACCEPT THE REPORT FOR INVESTIGATION AND SHALL REPORT HIS OR HER FINDING
TO THE POLICE, THE APPROPRIATE DISTRICT ATTORNEY, THE LOCAL SOCIAL
SERVICES OFFICE, AND, IF THE INSTITUTION MAKING THE REPORT IS A HOSPI-
TAL, THE HOSPITAL.
8. A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, FACILITY OR AGEN-
CY SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS
DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
FORTY OF THE LABOR LAW, AGAINST AN EMPLOYEE BECAUSE SUCH EMPLOYEE
BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVID-
UAL COMING BEFORE HIM OR HER IS A VICTIM OF SENIOR ABUSE AND THAT
EMPLOYEE THEREFORE MAKES A REPORT IN ACCORDANCE WITH THIS SECTION. NO
RESIDENTIAL CARE FACILITY PROVIDER, HOSPITAL, MEDICAL INSTITUTION
PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDITIONS,
INCLUDING PRIOR APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER OF THEIR
STAFF SPECIFICALLY REQUIRED TO REPORT UNDER THIS SECTION. AT THE TIME OF
THE MAKING OF A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON OR OFFI-
CIAL MAY EXERCISE THE RIGHT TO REQUEST THE FINDINGS OF AN INVESTIGATION
MADE PURSUANT TO THIS SECTION.
9. ANY PERSON, INSTITUTION, FACILITY, AGENCY, ORGANIZATION, PARTNER-
SHIP OR CORPORATION WHICH EMPLOYS PERSONS MANDATED TO REPORT SUSPECTED
SENIOR ABUSE SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRIT-
TEN INFORMATION EXPLAINING THE REPORTING REQUIREMENTS SET OUT IN THIS
SECTION. THE EMPLOYERS SHALL BE RESPONSIBLE FOR THE COSTS ASSOCIATED
WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.
10. ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY THIS SECTION TO
REPORT A CASE OF SUSPECTED ABUSE OR MALTREATMENT OF A SENIOR WHO WILL-
FULLY FAILS TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SHALL
BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
§ 2. This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
