S T A T E O F N E W Y O R K
________________________________________________________________________
3853
2021-2022 Regular Sessions
I N S E N A T E
January 31, 2021
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Introduced by Sens. SERINO, HELMING -- read twice and ordered printed,
and when printed to be committed to the Committee on Aging
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.
§ 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.
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07952-01-1
S. 3853 2
(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-
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.
§ 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;
S. 3853 3
REGISTERED PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; PHARMACIST;
CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH; OPTOMETRIST; CHIROPRAC-
TOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGISTERED NURSE;
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.
§ 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.
§ 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.
§ 2. The executive law is amended by adding a new article 29 to read
as follows:
ARTICLE 29
ELDER JUSTICE COORDINATING COUNCIL
SECTION 830. ELDER JUSTICE COORDINATING COUNCIL.
S. 3853 4
§ 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
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
S. 3853 5
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
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 TWENTY-TWO, 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.
§ 3. This act shall take effect October 1, 2021; provided that section
one of this act shall take effect January 1, 2023.
