Establishes an elder abuse enhanced multidisciplinary team program under the office for the aging consisting of professionals for complex cases of elder abuse, including financial exploitation, physical abuse, psychological abuse, sexual abuse, and neglect.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7634
SPONSOR: Cruz TITLE OF BILL:
An act to amend the elder law, in relation to establishing an elder
abuse enhanced multidisciplinary team program under the auspices of the
New York state office for the aging
TITLE OF BILL:
An act to amend the elder law, in relation to establishing an elder
abuse enhanced multidisciplinary team program under the auspices of the
New York state office for the aging
1.
PURPOSE:
This bill would authorize the New York State Office for the Aging to
establish the Elder Abuse Enhanced Multidisciplinary Team Program, with
teams consisting of representatives from a wide range of professions for
the purpose of responding to complex cases of elder abuse.
2.
SUMMARY OF PROVISIONS:
Section 1 of the bill would create a new section 225 of the Elder Law
authorizing the establishment of the Elder Abuse Enhanced Multidiscipli-
nary Team Program. The program would consist of teams across the State
established to provide a coordinated response to complex cases of elder
abuse. Section 225 would provide for and identify the role of a coordi-
nator for each such team. Lastly,
Section 225 would allow for the sharing among team members of client-i-
dentifiable information regarding victims of elder abuse for purposes of
facilitating team activities.
Section 2 of the bill would provide that the bill become effective imme-
diately.
3.
EXISTING LAW:
There is no existing law that relates to multidisciplinary teams estab-
lished for the purpose of responding to cases of elder abuse.
4.
LEGISLATIVE HISTORY:
No similar proposals have been previously submitted.
5.
STATEMENT IN SUPPORT:
The Elder Abuse Interventions and Enhanced Multidisciplinary Team
(E-MDT) Initiative has become a critical part of New York State's
response to elder abuse. During the COVID-19 public health crisis, there
has been a surge in instances of abuse and financial exploitation
reported. The crisis has simultaneously created many obstacles in
addressing these instances. E-MDTs have continued to meet virtually,
ensuring continued interventions in elder abuse cases and protections
for New York's older adults during a time when many other programs have
been forced to pause. However, E-MDTs currently lack the statutory
authorization, protections, and clarifications such as those afforded to
child abuse MDTs under Section 423(6) of the Social Services Law. In
particular, local organizations have noted potential legal issues around
the sharing of victim information during case discussions, especially in
light of the recent revisions to New York State's discovery laws. This
has created uncertainties that make it difficult for local E-MDT Coordi-
nators to recruit and onboard new team members representing county Adult
Protective Services, District Attorney's offices, law enforcement, etc.
Legislation would address these issues by establishing a statutory basis
for the program and clarifying these issues, thereby allowing the E-MDT
Initiative to continue operating in the most effective and efficient
manner.
6.
POSSIBLE OBJECTIONS:
STATE OF NEW YORK
________________________________________________________________________
7634
2021-2022 Regular Sessions
IN ASSEMBLY
May 19, 2021
___________
Introduced by M. of A. CRUZ -- (at request of the Office for Aging) --
read once and referred to the Committee on Aging
AN ACT to amend the elder law, in relation to establishing an elder
abuse enhanced multidisciplinary team program under the auspices of
the New York state office for the aging
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 section 225 to
2 read as follows:
3 § 225. Elder abuse enhanced multidisciplinary team program. 1. The
4 office is hereby authorized, subject to appropriation of funds for the
5 program, to establish an elder abuse enhanced multidisciplinary team
6 program consisting of teams at the regional or county level for complex
7 cases of elder abuse, including but not limited to financial exploita-
8 tion, physical abuse, psychological abuse, sexual abuse, and neglect,
9 involving a victim sixty years of age or older.
10 2. Such elder abuse enhanced multidisciplinary teams shall consist of
11 representation by professionals generally authorized to make decisions
12 on behalf of their agency from public, private, and voluntary agencies.
13 Represented professions may include, but are not limited to,
14 health/medical, mental health, aging, protective services, human
15 services, social work, banking/financial institutions, legal services,
16 district attorney's offices, law enforcement agencies, and forensic
17 accounting.
18 3. Teams will also consist of a coordinator who will provide case
19 consultation, triage cases, facilitate elder abuse enhanced multidisci-
20 plinary team meetings, monitor progress, and facilitate coordination and
21 cooperative action in the provision of appropriate services to an indi-
22 vidual identified as being a victim of elder abuse, as well as other
23 duties associated with the role.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09950-01-1
A. 7634 2
1 4. Notwithstanding any other provision of law to the contrary, members
2 of an elder abuse enhanced multidisciplinary team may share with other
3 team members client-identifiable information concerning victims of elder
4 abuse as appropriate to facilitate team activities.
5 § 2. This act shall take effect immediately.
