NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9845
SPONSOR: Lupardo (MS) TITLE OF BILL: An act to amend the social services law and the elder
law, in relation to providing protective services to certain individuals
PURPOSE:
The legislation creates a hotline for the reporting of various forms of
abuse which may jeopardize the health or welfare of vulnerable adults.
SUMMARY OF PROVISIONS:
Section 1: Amends Section 473 of the social services law to add a new
subdivision that establishes a statewide, toll-free hotline to receive
reports of various forms of abuse regarding vulnerable adults. The
hotline shall be operational twenty-four hours a day, seven days a week.
Section 2: Amends subdivision 16 of section 202 of the elder law to
clarify that a public awareness campaign regarding elder abuse as estab-
lished by Chapter 455 of the Laws of 2016 shall also include information
regarding the statewide hotline.
Section 3: Establishes the effective date.
JUSTIFICATION:
It has been noted that elders who experience abuse, even moderate in
severity, have a 300% higher risk of death when compared to those who
have not been abused. A recent survey by the U.S. Government Account-
ability Office found that nationally, Adult Protective Services (APS)
Programs would benefit from more "easily accessible" and "centrally
available" information on effective services for elder abuse cases.
While many believe that the resources available to APS are akin to those
provided to Child Protective Services, there are actually significant
disparities between the funding streams available for each, as well as
their respective mandated reporting requirements. While both systems
are responsible for reporting, investigating, and intervening in
reported cases of the abuse of a vulnerable person, Adult Protective
Services unfortunately has less opportunities for funding from federal
and state resources, and must deal with drastic understaffing and
constrained resources to protect an increasing aging population. As a
compounding factor, New York is one of four states that currently does
not require reporting when someone suspects adult abuse. As a result,
there are systematic problems of cases of abuse going unreported. In
fact, a recent study of elder abuse prevalence in New York found that
there was a significant discrepancy between the rate of elder abuse
events reported by New Yorkers and the number of cases referred to
service agencies, amounting to an incidence rate calculated at nearly 24
times greater than that of the number of referred cases.
Absent a large overhaul of our current system of reporting and investi-
gating elder abuse cases across the state, we must begin to take steps
to ensure that there are systematic improvements made to guarantee that
we are responding to the needs of the growing aging population of our
state and supporting the local entities that have served at the front
lines of investigation and intervention. Currently, reports of suspected
elder abuse can be received through a hybrid of offices including local
and state hotlines and offices. On the state level, Adult Protective
Services receives complaints through a hotline established through the
Office of Children and Family Services. This legislation will enhance
the already established hotline with requirements that it be staffed on
a twenty-four hours, seven days a week, basis to ensure that reports are
received in a timely and effective manner.
Given the increasing elderly population of our state, as well as other
vulnerable adults, it is time that we signal to the public that these
cases are a serious problem that will be combatted with all the tools
available to the state on a continual basis.
LEGISLATIVE HISTORY:
Formerly A-8160 of 2017, Vetoed by Governor.
FISCAL IMPLICATIONS:
Subject to appropriation
EFFECTIVE DATE:
This act shall take effect October 1, 2019.
STATE OF NEW YORK
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9845
IN ASSEMBLY
February 14, 2018
___________
Introduced by M. of A. LUPARDO, ENGLEBRIGHT, MOSLEY -- Multi-Sponsored
by -- M. of A. ABBATE, BARRON, COOK, D'URSO, GALEF, GOTTFRIED,
HIKIND, JOYNER, McDONALD, SCHIMMINGER -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law and the elder law, in relation
to providing protective services to certain individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 473 of the social services law is amended by adding
2 a new subdivision 9 to read as follows:
3 9. (a) Within amounts appropriated therefor, the office of children
4 and family services shall establish a statewide, toll-free telephone
5 number (a "hotline") to receive reports consistent with subdivision one
6 of this section. The hotline shall receive reports of allegations of
7 reportable incidents twenty-four hours per day, seven days a week. The
8 hotline shall accept anonymous calls.
9 (b) When any allegation that could reasonably constitute a reportable
10 incident is received by the hotline, the hotline shall accept and imme-
11 diately transmit notice of the report orally and electronically to any
12 appropriate state agencies or local social services office. Whenever a
13 telephone call or electronic transmission to the hotline alleges an act
14 or circumstances that may constitute a criminal offense or an immediate
15 threat to an individual's health, safety or welfare, the hotline shall
16 convey, by the most expedient means available, the information contained
17 in such call or transmission to the appropriate law enforcement agency
18 or district attorney and, to the extent necessary, the appropriate emer-
19 gency responder, and the relevant state agency or local social services
20 office.
21 (c) The commissioner is authorized to promulgate rules and regulations
22 to facilitate the implementation and operation of the hotline, including
23 but not limited to, procedures for timely and accurate referrals to
24 other state agencies or entities that may have investigative or over-
25 sight authority regarding reported incidents.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04886-08-8
A. 9845 2
1 § 2. Subdivision 16 of section 202 of the elder law, as added by chap-
2 ter 455 of the laws of 2016, is amended to read as follows:
3 16. to the extent appropriations are available, and in consultation
4 with the office of children and family services, conduct a public educa-
5 tion campaign that emphasizes zero-tolerance for elder abuse. Such
6 campaign shall include information about the signs and symptoms of elder
7 abuse, identification of potential causes of elder abuse, resources
8 available to assist in the prevention of elder abuse, where suspected
9 elder abuse can be reported, including, but not limited to, information
10 regarding the statewide hotline as provided for in paragraph (a) of
11 subdivision nine of section four hundred seventy-three of the social
12 services law, contact information for programs offering services to
13 victims of elder abuse such as counseling, and assistance with arranging
14 personal care and shelter. Such campaign may include, but not be limited
15 to: printed educational and informational materials; audio, video, elec-
16 tronic, other media; and public service announcements or advertisements.
17 § 3. This act shall take effect October 1, 2019.
