NY State Senate Bill 2023-S3089

Senate Bill S3089

2023-2024 Legislative Session

Relates to creating the multi-disciplinary team demonstration program for complex cases of adult abuse, neglect, or financial exploitation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Jan 27, 2023	referred to children and families

2023-S3089 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Add §501-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7620
2017-2018: S5803
2019-2020: S818
2021-2022: S4510

2023-S3089 (ACTIVE) - Summary

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

2023-S3089 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3089

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 provid-
ing 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. 90% 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.

 
LEGISLATIVE HISTORY:

2022: S.4510 - Referred to Children and Families

2021: S.4510 - Referred to Children and Families

2020: S.818 - Referred to Children and Families

2019: S.818 -Referred to Children and Families

2018: S.5803- Third Reading Calendar/A.5092 - Referred to Aging

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.

2023-S3089 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3089
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the executive law, in relation to  creating  the  multi-
   disciplinary team demonstration program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The utilization of multi-disciplinary
 teams (MDTs) can be extremely valuable in the implementation of  certain
 programs,  particularly  those  which  are  likely  to have a widespread
 impact and affect several professions, as is the case with most  systems
 of  mandatory reporting. MDTs make use of the experience, expertise, and
 perspectives which may be unique to individuals involved in one  of  the
 affected  professions.  Before a program is implemented which may have a
 broad impact, MDTs can be a valuable resource in developing an effective
 strategy  that  minimizes  unintended  negative  consequences.  In  many
 instances, it is appropriate for a government entity to establish an MDT
 with which the entity may collaborate with and seek input from regarding
 the specifics of a planned project.
   Beyond  the general usefulness of MDTs, where a proposed program which
 will affect the members of many professions is to be created by statute,
 it is often recommended to  also  include  language  providing  for  the
 establishment  of MDT to provide input on any specifics not contained in
 the statute. 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.
   § 2. The executive law is amended by adding a  new  section  501-i  to
 read as follows:
   §  501-I. MULTI-DISCIPLINARY TEAM DEMONSTRATION PROGRAM. THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IS HEREBY AUTHORIZED, IN  CONJUNCTION  WITH
 THE  OFFICE FOR THE AGING, TO ESTABLISH A MULTI-DISCIPLINARY TEAM DEMON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07476-01-3

 S. 3089                             2
 
 STRATION PROGRAM, SUBJECT TO APPROPRIATION OF FUNDS FOR THE PROGRAM,  TO
 ESTABLISH MULTI-DISCIPLINARY TEAMS AT THE COUNTY LEVEL FOR COMPLEX CASES
 OF ADULT ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION. SUCH MULTI-DISCIPLI-
 NARY  TEAMS  WILL  BE COMPRISED OF PROFESSIONALS ACROSS DISCIPLINES THAT
 PROVIDE PROFESSIONAL KNOWLEDGE AND EXPERTISE OF THEIR RESPECTIVE PROFES-
 SIONAL DISCIPLINES, AS WELL AS  A  FULL-TIME,  SKILLED  AND  EXPERIENCED
 MULTI-DISCIPLINARY TEAM COORDINATOR FOR EACH DEMONSTRATION LOCATION. THE
 MULTI-DISCIPLINARY  TEAM  COORDINATOR  WILL  PROVIDE  CASE CONSULTATION,
 TRIAGE CASES, FACILITATE COUNTY-LEVEL MULTI-DISCIPLINARY TEAM  MEETINGS,
 MONITOR  PROGRESS, AND FACILITATE COORDINATION AND COOPERATIVE ACTION IN
 THE PROVISION OF APPROPRIATE SERVICES TO  AN  INDIVIDUAL  IDENTIFIED  AS
 BEING  A VICTIM OF ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION, AS WELL AS
 OTHER DUTIES ASSOCIATED WITH THE  ROLE.  SUCH  MULTI-DISCIPLINARY  TEAMS
 SHALL CONSIST OF REPRESENTATION BY PROFESSIONALS GENERALLY AUTHORIZED TO
 MAKE  DECISIONS ON BEHALF OF THEIR AGENCY FROM SELECTED PUBLIC, PRIVATE,
 AND VOLUNTARY AGENCIES INCLUDING  BUT  NOT  LIMITED  TO  HEALTH/MEDICAL,
 MENTAL  HEALTH, AGING, PROTECTIVE SERVICES, HUMAN SERVICES, SOCIAL WORK,
 BANKING/FINANCIAL INSTITUTIONS,  LEGAL  SERVICES,  AND  LAW  ENFORCEMENT
 AGENCIES,  AND  INCLUDE  SPECIALTY SERVICES SUCH AS FORENSIC ACCOUNTING,
 GERIATRICS, AND PSYCHIATRY/GEROPSYCHIATRY, ON A FEE-FOR-SERVICE BASIS. A
 SECURE DATABASE USE  BY  THE  MULTI-DISCIPLINARY  TEAM  COORDINATOR  FOR
 INTAKE,  TRACKING,  AND  OUTCOMES  OF SUCH CASES WILL BE ESTABLISHED AND
 USED AS PART OF THE DEMONSTRATION PROGRAM.
   § 3. This act shall take effect immediately.

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