S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8799
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Aging
 
 AN ACT to amend the elder law, in  relation  to  incorporating  identity
   theft  into  the  definition  of  elder  abuse for purposes of support
   services and  programs  for  elder  persons;  and  to  repeal  certain
   provisions of the elder law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (i) of subdivision 1 of section 209 of the  elder
 law,  as added by a chapter of the laws of 2021, amending the elder law,
 the executive law and the administrative code of the city  of  New  York
 relating  to  incorporating  identity theft into the definition of elder
 abuse for purposes of support services and programs for  elder  persons,
 as  proposed  in  legislative  bills  numbers  S.  1560  and A. 1994, is
 REPEALED.
   § 2. Paragraph (d) of subdivision 1 of section 209 of the  elder  law,
 as  amended by section 1 of part S of chapter 59 of the laws of 2016, is
 amended to read as follows:
   (d) "Eligible services" shall mean the following services provided  by
 a  classic  or  neighborhood NORC program, or in coordination with other
 entities, including, but not limited to: person centered planning,  case
 assistance,  care  coordination, information and assistance, application
 and benefit assistance, health care management and assistance, volunteer
 services, health promotion  and  linkages  to  prevention  services  and
 screenings,  linkages to in-home services, health indicators/performance
 improvement, housekeeping/chore,  personal  care,  counseling,  shopping
 and/or  meal  preparation  assistance,  escort,  telephone  reassurance,
 transportation, friendly visiting, support  groups,  personal  emergency
 response  systems  (PERS),  meals,  recreation,  bill paying assistance,
 education regarding the signs of elder abuse or exploitation and  avail-
 able  resources for a senior who is a suspected victim of elder abuse or
 exploitation, OR IDENTITY THEFT, chemical [dependance] DEPENDENCE  coun-
 seling  provided  by credentialed alcoholism and substance abuse counse-
 lors as defined in paragraph three of subdivision (d) of  section  19.07
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04758-02-2
 A. 8799                             2
 
 of  the mental hygiene law and referrals to appropriate chemical depend-
 ence counseling providers, and other services designed  to  address  the
 needs  of  residents  of  classic and neighborhood NORCS by helping them
 extend  their  independence, improve their quality of life, and maximize
 their well-being.
   § 3. Subdivision 16 of section 202 of the elder law, as amended  by  a
 chapter  of  the laws of 2021, amending the elder law, the executive law
 and the administrative code of the city of New York relating to incorpo-
 rating identity theft into the definition of elder abuse for purposes of
 support services and programs for elder persons, as proposed in legisla-
 tive bills numbers S. 1560 and A. 1994, is amended to read as follows:
   16. to the extent appropriations are available,  and  in  consultation
 with the office of children and family services, conduct a public educa-
 tion  campaign  that  emphasizes  zero-tolerance  for  elder abuse. Such
 campaign shall include information about the signs and symptoms of elder
 abuse, identification of potential causes of elder abuse, WHICH INCLUDES
 IDENTITY THEFT, resources available to assist in the prevention of elder
 abuse, where suspected elder abuse can be reported, contact  information
 for  programs  offering services to victims of elder abuse such as coun-
 seling, and assistance with arranging personal care  and  shelter.  Such
 campaign  may  include,  but  not be limited to: printed educational and
 informational materials; audio,  video,  electronic,  other  media;  and
 public  service  announcements  or advertisements[. For purposes of this
 subdivision, the term "elder abuse" shall have the same meaning  as  the
 term  "elder  abuse  or  exploitation"  as set forth in paragraph (i) of
 subdivision one of section two hundred nine of this title]; and
   § 4. Paragraph (f) of subdivision 1 of section 215 of the  elder  law,
 as  added  by a chapter of the laws of 2021, amending the elder law, the
 executive law and the administrative code of the city of New York relat-
 ing to incorporating identity theft into the definition of  elder  abuse
 for  purposes  of  support  services  and programs for elder persons, as
 proposed in legislative bills numbers S. 1560 and A. 1994, is REPEALED.
   § 5. Paragraph (c) of subdivision 2 of section 215 of the  elder  law,
 as  added  by  chapter  492  of  the laws of 2013, is amended to read as
 follows:
   (c) The director shall develop materials for employees and  volunteers
 of programs providing social adult day services or social adult day care
 on  the  signs and symptoms of elder abuse, WHICH SHALL INCLUDE IDENTITY
 THEFT. Such materials shall include, but not  be  limited  to,  ways  to
 discuss  suspected elder abuse with seniors where abuse is suspected and
 resources to which seniors may be referred for counseling,  shelter,  or
 other assistance.
   §  6.  Paragraph (f) of subdivision 1 of section 217 of the elder law,
 as added by a chapter of the laws of 2021, amending the elder  law,  the
 executive law and the administrative code of the city of New York relat-
 ing  to  incorporating identity theft into the definition of elder abuse
 for purposes of support services and  programs  for  elder  persons,  as
 proposed in legislative bills numbers S. 1560 and A. 1994, is REPEALED.
   §  7. Subparagraph 12 of paragraph (d) of subdivision 1 of section 217
 of the elder law, as added by chapter  131  of  the  laws  of  2016,  is
 amended to read as follows:
   (12) Elder abuse, INCLUDING IDENTITY THEFT, education and outreach.
   §  8. Subdivision 2 of section 219 of the elder law is amended to read
 to as follows:
   2. The director, within the amounts appropriated therefor,  shall,  in
 conjunction  with  the office of children and family services, establish
 A. 8799                             3
 
 an elderly abuse education and  outreach  program  for  the  purpose  of
 providing education and outreach to the general public, including elder-
 ly  persons  and  their families and caregivers, to identify and prevent
 elderly abuse, neglect [and], exploitation, AND IDENTITY THEFT.
   §  9.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2021, amending  the  elder  law,  the
 executive law and the administrative code of the city of New York relat-
 ing  to  incorporating identity theft into the definition of elder abuse
 for purposes of support services and  programs  for  elder  persons,  as
 proposed in legislative bills numbers S. 1560 and A. 1994, takes effect.