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A08258 Summary:

BILL NOA08258A
 
SAME ASSAME AS S06676
 
SPONSORLupardo
 
COSPNSRSepulveda, Gottfried, Barron, Simon, Harris, Williams, Montesano, D'Urso, Rosenthal, Abbate, McDonald
 
MLTSPNSRCrespo
 
Add Art 3 260 - 262, Eld L
 
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.
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A08258 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8258A
 
SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the elder law, in relation to develop- ing guidelines for identifying and reporting elder abuse in healthcare settings   PURPOSE: To establish guidelines for identifying and reporting suspected self-ne- glect, abuse and maltreatment.   SUMMARY OF PROVISIONS: Section 1: Amends the elder law by adding a new Article 3, which directs the Office for the Aging, in conjunction with the Department of Health and the Office of Children and Family Services to develop guidelines to assist healthcare providers and others in healthcare settings to identi- fy suspected self-neglect, abuse and maltreatment of individuals aged 60 years or older. Such guidelines shall include, but not be limited to, common signs and symptoms, screening tools and questions that can be used during visits for detection, training materials for distribution to health care providers and others in healthcare settings, and information regarding options for reporting suspected cases of self-neglect or abuse and maltreatment and available resources for older adult victims. The Office for the Aging, Department of Health and the Office for Chil- dren and Family Services are required to make the guidelines and materi- als developed in accordance with this article available on their respec- tive websites and to provide such materials upon request to healthcare providers and facilities. Section 2: Establishes the effective date.   JUSTIFICATION: Elder abuse has emerged nationally as one of the most underreported crimes. It has been noted that elderly victims who are experiencing abuse from loved ones, friends, or neighbors will often refuse help out of fear, embarrassment, or the desire to protect their abuser. Often this will lead to the continuation of cases that compromise the finan- cial, physical, and mental health of victims. It cannot be overstated that these cases have very real impacts and can lead to tragic conse- quences. In fact, it has been noted that elders who experience abuse, even moderate in severity, have a 300% percent higher risk of death when compared to those who have not been abused. In fact, there are high correlations between elder abuse and maltreatment with hospitalization rates, readmissions, and as aforementioned, the mortality of victims. Because health care practitioners are in the unique position of seeing patients at regular intervals, as well as developing long-term relation- ships of trust, they have significant opportunities to help identify elder abuse and maltreatment. Given the trust and rapport developed through the relationship between provider and patient, national healthcare agencies, including the Centers for Medicare and Medicaid Services (CMS) have begun implementing measures that will increase identification and reporting of suspected abuse across settings and provider types. In 2004, the U.S. Preventive Services Task Force found that there were no reliable screening tools available to identify abuse of elderly or vulnerable adults in the primary care setting. As a result, CMS began to review its physician quality reporting system measure, and introduced an Elder Maltreatment Screen and Follow-up Plan. As national entities continue to refine intervention techniques and tools for providers to recognize abuse and maltreatment in the elderly community, the state must begin to explore these issues and provide proper guidance to our healthcare community as well. This legislation will require the Director of the State Office for the Aging, in conjunc- tion with the Commissioner of Health and the Commissioner of the Office for Children and Family Services, to develop guidelines to assist healthcare providers and others working in healthcare settings to iden- tify suspected self-neglect, abuse and maltreatment of older adults. These guidelines will include common signs and symptoms, screening tools and questions that can be used during visits for detection, training materials for distribution to health care providers and others in healthcare settings, and information regarding options for reporting suspected cases of self-neglect or abuse and maltreatment and available resources for older adult victims. Health care providers play an integral role in our communities, partic- ularly with respect to their ability to identify important changes in the life conditions of their patients and their quality of life. As the aging population continues to grow, we must support this vital relation- ship between provider and patient with support and information.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A08258 Text:



 
                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.
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