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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8258
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 2, 2017
                                       ___________
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Aging
        AN ACT to amend the elder law, in relation to elder abuse
          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 three to
     2  read as follows:
     3                                  ARTICLE 3
     4                                 ELDER ABUSE
     5  Section 301. Guidelines for identification and reporting of elder  abuse
     6                 in healthcare settings.
     7    §  301.  Guidelines for identification and reporting of elder abuse in
     8  healthcare settings.  1. Definitions. (a) "abuse and maltreatment" shall
     9  mean actions as defined in paragraphs (a), (b), (c), (d), (e) and (g) of
    10  subdivision six of section four  hundred  seventy-three  of  the  social
    11  services law;
    12    (b)  "older adult" shall mean an individual aged sixty years of age or
    13  older; and
    14    2. The director, in consultation with the office of children and fami-
    15  ly services, the department of  health,  and  industry  and  stakeholder
    16  groups,  shall  develop  guidelines  to  assist healthcare providers and
    17  others working in healthcare settings to identify  suspected  abuse  and
    18  maltreatment  of  an  older  adult.  Such  guidelines may be tailored to
    19  specific healthcare providers or industries and shall include,  but  not
    20  be limited to:
    21    (a) common signs and symptoms of abuse and maltreatment;
    22    (b)  screening  questions  that  can  be  asked during a visit to help
    23  detect whether abuse and maltreatment may be occurring;
    24    (c) suggestions for discussing the possibility of abuse and  maltreat-
    25  ment with the older adult in order to offer assistance; and
    26    (d) training materials.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04888-08-7
        A. 8258                             2
     1    3. The director, in consultation with the office of children and fami-
     2  ly  services,  the  department  of  health  and industry and stakeholder
     3  groups, shall develop guidelines for  healthcare  providers  and  others
     4  working  in healthcare settings to assist in the development of policies
     5  and  protocols  for  responding  to  and  reporting  suspected abuse and
     6  maltreatment of an older adult.   Such guidelines  may  be  tailored  to
     7  specific  healthcare  providers or industries and shall include, but not
     8  be limited to:
     9    (a) coordination with the local area agency on  aging  and  protective
    10  services for adult offices for information regarding resources for older
    11  adult victims of abuse and maltreatment;
    12    (b) suggested protocols for staff to follow;
    13    (c)  what  information  to  include  in a report to law enforcement or
    14  adult protective services; and
    15    (d) time frames for reporting to law enforcement or  adult  protective
    16  services.
    17    4.  The  office,  the  office of children and family services, and the
    18  department of health shall  make  the  guidelines  and  other  materials
    19  developed  in accordance with this section available on their respective
    20  websites and provide such materials upon request to healthcare providers
    21  and facilities.
    22    § 2. This act shall take effect immediately.