Bill Text: NY A08258 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to developing guidelines for the identification and reporting of suspected self-neglect, elder abuse and maltreatment in healthcare settings; requires the director of the office for the aging, the commissioner of the department of health, and the commissioner of the office of children and family services to publish such guidelines and materials on their websites and provide them to healthcare providers and facilities upon request.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2017-06-20 - substituted by s6676 [A08258 Detail]

Download: New_York-2017-A08258-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8258--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 2, 2017
                                       ___________
        Introduced  by  M.  of  A. LUPARDO, SEPULVEDA, GOTTFRIED, BARRON -- read
          once and referred to the Committee on Aging -- reported  and  referred
          to  the  Committee  on  Ways  and  Means -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT to amend the elder law, in relation to developing guidelines for
          identifying and reporting elder abuse in healthcare settings
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The elder law is amended by adding a new article 3 to read
     2  as follows:
     3                                  ARTICLE 3
     4      IDENTIFYING AND REPORTING SELF NEGLECT, ABUSE AND MALTREATMENT IN
     5                             HEALTHCARE SETTINGS
     6  Section 260. Definitions.
     7          261. Guidelines for identifying  and  reporting  suspected  self
     8                 neglect, abuse and maltreatment.
     9          262. Publishing and distribution of guidelines.
    10    § 260. Definitions. For purposes of this article:
    11    1.  "Abuse  and  maltreatment"  shall mean actions as defined in para-
    12  graphs (a), (b), (c), (d), (e) and (g) of  subdivision  six  of  section
    13  four hundred seventy-three of the social services law.
    14    2.  "Self neglect" shall have the same meaning as defined in paragraph
    15  (f) of subdivision six of section  four  hundred  seventy-three  of  the
    16  social services law.
    17    3.  "Older  adult" shall mean an individual aged sixty years of age or
    18  older.
    19    4. "Director" shall mean the director of the office for the aging.
    20    §  261.  Guidelines  for  identifying  and  reporting  suspected  self
    21  neglect,  abuse and maltreatment.  The director, in conjunction with the
    22  commissioner of the department of health and  the  commissioner  of  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04888-09-7
        A. 8258--A                          2
     1  office  of  children  and  family  services, shall develop guidelines to
     2  assist healthcare providers and others working in healthcare settings to
     3  identify suspected self neglect, abuse  and  maltreatment  of  an  older
     4  adult.  Such guidelines may be tailored to specific healthcare providers
     5  or industries and shall include, but shall not be limited to:
     6    1. Common signs and symptoms of self neglect, abuse and maltreatment;
     7    2. Screening questions and tools that can be used during  a  visit  to
     8  help detect whether self neglect or abuse and maltreatment may be occur-
     9  ring;
    10    3.  Training  materials  for  distribution to healthcare providers and
    11  others working  in  healthcare  settings  regarding  appropriate  inter-
    12  ventions and suggestions for discussing the possibility of self neglect,
    13  abuse and maltreatment with older adults; and
    14    4. Information regarding options for reporting suspected cases of self
    15  neglect  or  abuse  and  maltreatment  and available resources for older
    16  adult victims.
    17    § 262. Publishing and distribution of guidelines. The office  for  the
    18  aging,  the  department of health, and the office of children and family
    19  services shall make the guidelines and materials developed in accordance
    20  with this article available on their  respective  websites  and  provide
    21  such materials upon request to healthcare providers and facilities.
    22    § 2. This act shall take effect immediately.