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A07634 Summary:

BILL NOA07634
 
SAME ASSAME AS S06528
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Add §225, Eld L
 
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.
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A07634 Memo:

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:
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A07634 Text:



 
                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.
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