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A05092 Summary:

BILL NOA05092
 
SAME ASSAME AS S05803
 
SPONSORCrespo
 
COSPNSREnglebright, Abbate, Blake, D'Urso, Lavine, Jaffee, Titone, Niou, Colton, Rivera, De La Rosa, Hyndman, Sepulveda, Cook, Montesano, Morinello, Lawrence, Giglio, Raia
 
MLTSPNSRCarroll, Crouch, Hikind, Magee, McDonough, Schimminger, Simon, Wright
 
Add 501-i, Exec L
 
Relates to creating the multi-disciplinary team demonstration program for complex cases of adult abuse, neglect, or financial exploitation.
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A05092 Actions:

BILL NOA05092
 
02/06/2017referred to aging
01/03/2018referred to aging
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A05092 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5092
 
SPONSOR: Crespo
  TITLE OF BILL: An act to amend the executive law, in relation to creating the multi-disciplinary team demonstration program   PURPOSE OR GENERAL IDEA OF THE BILL: Creates the multi-disciplinary team demonstration program for complex cases of adult abuse, neglect, or financial exploitation.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 examines the utilization and value of multi-disciplinary teams (MDTs) and making use of experience, expertise and perspectives with the intention of minimizing unintended negative consequences. Beyond the usefulness of MDTs, it is often recommended to include language providing for the establishment of the MDT to provide input in any specifics not contained in the statue. This inclusion ensures that the involved professions have a chance to be heard before a program is implemented in a way which might adversely affect the members of such professions or the individuals served by the professions. Section 2. Section 501-I is added to amend executive law to read as follows: 501-i. MDT program. The office of children and family services is authorized to establish a MDT program to establish multi-disciplinary teams at the county level for cases of adult abuse, neglect, or finan- cial exploitation. It will be comprised of professionals across disci- plines that provide professional knowledge and expertise of their respective disciplines as well as a full-time MDT coordinator for each demonstration location. The team coordinator will provide case consulta- tion, facilitate MDT meetings, monitor progress, and facilitate coordi- nation and cooperative action in the provision of appropriate services to an individual identified as being a victim of abuse, neglect, or financial exploitation. A secure database use by the MDT coordinator for intake, tracking and outcomes of such cases will be established and used as part of the demonstration program. Section 3. Takes effect immediately.   JUSTIFICATION: One in nine seniors reported being abused, neglected or exploited in the past twelve months. The rate of financial exploitation is extremely high, with 1 in 20 older adults indicating some form of perceived finan- cial mistreatment occurring in the recent past. Elder abuse is vastly underreported with only one in 44 cases of financial abuse is ever reported. This leads to abused seniors being three times more likely to die and elder abuse victims four times more likely to go into a nursing home. 90% of abusers are family members or trusted others. Cognitive impairment and the need for help with activities of daily living make victims more vulnerable to financial abuse. The devastating effects of financial exploitation on a vulnerable adult: *Loss of trust in others *Loss of security *Depression *Feelings of fear, shame, guilt, anger, self-doubt, worthlessness *Financial destitution *Inability to replace lost assets through employment *Inability to hire attorney to pursue legal protections and remedies *Becoming reliant on government 'safety net' programs *Inability to provide long term care needs *Loss of primary residence Acting pursuant to the "Older Americans Act," the New York State Legis- lature has created and adopted many laws affecting 'social, educational, financial and support service programs for seniors. However, unlike several states, New York has failed to enact specific penal statutes to aid in the prosecution of those who financially victimize vulnerable senior citizens and persons with a disability. As New York's senior citizen population has increased, there has also been a marked increase in the reported incidents of financial abuse of our aging population. The types of offenses range from theft of funds from checking accounts to real estate and investment fraud. There is a tendency for the offen- der to be an individual with a close relationship to the victim, espe- cially a family member, caretaker, or friend. The elderly individual or person with a disability is particularly vulnerable to their offenders since they rely upon them for the requirements of their daily living. Today a majority of states have criminal statutes to specifically address financial abuse of elderly or disabled persons. Prosecutors in New York have found that current larceny statutes are not an adequate means to prosecute this increasing criminal conduct.   PRIOR LEGISLATIVE HISTORY: New Bill in 2015; A9608.Died in Committee.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT: None   EFFECTIVE DATE: Immediately
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A05092 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5092
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on Aging
 
        AN  ACT  to  amend the executive law, in relation to creating the multi-
          disciplinary team demonstration program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings. The utilization of multi-disciplinary
     2  teams  (MDTs) can be extremely valuable in the implementation of certain
     3  programs, particularly those which  are  likely  to  have  a  widespread
     4  impact  and affect several professions, as is the case with most systems
     5  of mandatory reporting. MDTs make use of the experience, expertise,  and
     6  perspectives  which  may be unique to individuals involved in one of the
     7  affected professions. Before a program is implemented which may  have  a
     8  broad impact, MDTs can be a valuable resource in developing an effective
     9  strategy  that  minimizes  unintended  negative  consequences.  In  many
    10  instances, it is appropriate for a government entity to establish an MDT
    11  with which the entity may collaborate with and seek input from regarding
    12  the specifics of a planned project.
    13    Beyond the general usefulness of MDTs, where a proposed program  which
    14  will affect the members of many professions is to be created by statute,
    15  it  is  often  recommended  to  also  include language providing for the
    16  establishment of MDT to provide input on any specifics not contained  in
    17  the statute. This inclusion ensures that the involved professions have a
    18  chance  to be heard before a program is implemented in a way which might
    19  adversely affect the members of  such  professions  or  the  individuals
    20  served by the professions.
    21    §  2.  The  executive  law is amended by adding a new section 501-i to
    22  read as follows:
    23    § 501-i. Multi-disciplinary team demonstration program. The office  of
    24  children  and  family services is hereby authorized, in conjunction with
    25  the office for the aging, to establish a multi-disciplinary team  demon-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08266-01-7

        A. 5092                             2
 
     1  stration  program, subject to appropriation of funds for the program, to
     2  establish multi-disciplinary teams at the county level for complex cases
     3  of adult abuse, neglect, or financial exploitation. Such multi-discipli-
     4  nary  teams  will  be comprised of professionals across disciplines that
     5  provide professional knowledge and expertise of their respective profes-
     6  sional disciplines, as well as  a  full-time,  skilled  and  experienced
     7  multi-disciplinary team coordinator for each demonstration location. The
     8  multi-disciplinary  team  coordinator  will  provide  case consultation,
     9  triage cases, facilitate county-level multi-disciplinary team  meetings,
    10  monitor  progress, and facilitate coordination and cooperative action in
    11  the provision of appropriate services to  an  individual  identified  as
    12  being  a victim of abuse, neglect, or financial exploitation, as well as
    13  other duties associated with the  role.  Such  multi-disciplinary  teams
    14  shall consist of representation by professionals generally authorized to
    15  make  decisions on behalf of their agency from selected public, private,
    16  and voluntary agencies including  but  not  limited  to  health/medical,
    17  mental  health, aging, protective services, human services, social work,
    18  banking/financial institutions,  legal  services,  and  law  enforcement
    19  agencies,  and  include  specialty services such as forensic accounting,
    20  geriatrics, and psychiatry/geropsychiatry, on a fee-for-service basis. A
    21  secure database use  by  the  multi-disciplinary  team  coordinator  for
    22  intake,  tracking,  and  outcomes  of such cases will be established and
    23  used as part of the demonstration program.
    24    § 3. This act shall take effect immediately.
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