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New York State Assembly

Speaker Carl E. Heastie
 
     
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A02420 Summary:

BILL NOA02420
 
SAME ASNo Same As
 
SPONSORAubry
 
COSPNSR
 
MLTSPNSR
 
Add Art 9-C 473-m - 473-u, Soc Serv L
 
Establishes the mandatory reporting by certain professional or official persons who come into contact with mentally or physically incapacitated persons who were abused including residents of assisted living and adult care facilities who may be abused, mistreated or neglected; provides reporting procedures and grants immunity for such reporting; provides criminal and civil penalties.
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A02420 Actions:

BILL NOA02420
 
01/19/2021referred to health
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A02420 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A2420
 
SPONSOR: Aubry

 
TITLE OF BILL:
 
An act to amend the social services law, in relation to mandatory
reporting of abuse of mentally or physically incapacitated persons
 
 
PURPOSE:
 
This bill establishes mandatory reporting requirements for mentally or
physically incapacitated persons and affords them the same protections
currently afforded minors in New York state.
 
 
SUMMARY OF PROVISIONS:
 
Section 1: Amends the social services law by adding a new article 9-C.
 
Section 2: Sets forth the effective date.
 
 
JUSTIFICATION:

Studies have found the problem of abuse continues to escalate in our
society. Abuse of the mentally or physically incapacitated often goes
unreported because of the inability of the victim to communicate the
abuse to the proper authorities or the victim's unwillingness to
disclose the abuse due to embarrassment, fear or shame. This bill would
institute a system which would make the individuals treating or corning
into contact with persons who have physical or emotional symptoms of
abuse responsible for reporting this crime to the proper authorities so
that the incapacitated person can receive needed protection from further
abuse.
 
 
LEGISLATIVE HISTORY:
 
2019-2020: Referred to Health in 2019 and Referred to Health in 2020.
 
2017-2018: Referred to Health in 2017 and Referred to Health in 2018.
 
2015-2016: Referred to Health in 2015 and Referred to Health in 2016.
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect the first of November next succeeding the
date on which it shall have become a law provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date.
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