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
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.
