Assembly Bill A3131

2013-2014 Legislative Session

Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in assisted living and adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A3131 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Add Art 9-C §§473-m - 473-u, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A4301

2013-A3131 (ACTIVE) - Summary

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.

2013-A3131 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3131

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. CAMARA, GABRYSZAK, BARRON, COLTON, CASTRO, ORTIZ
  -- Multi-Sponsored by -- M. of A. HOOPER, MAISEL,  SALADINO,  SCHIMEL,
  TITONE -- read once and referred to the Committee on Health

AN  ACT  to  amend  the  social  services  law, in relation to mandatory
  reporting of abuse of mentally or physically incapacitated persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new article
9-C to read as follows:
                               ARTICLE 9-C
                     MANDATORY REPORTING OF ABUSE OF
              MENTALLY OR PHYSICALLY INCAPACITATED PERSONS
SECTION 473-M. LEGISLATIVE FINDINGS AND PURPOSE.
        473-N. DEFINITIONS.
        473-O. MANDATORY REPORTING.
        473-P. ANY PERSON PERMITTED TO REPORT.
        473-Q. REPORTING PROCEDURE.
        473-R. OBLIGATIONS OF PERSONS REQUIRED TO REPORT.
        473-S. IMMUNITY FROM LIABILITY FOR REPORTING.
        473-T. PENALTIES FOR FAILURE TO REPORT.
        473-U. EDUCATION OF MANDATORY REPORTERS.
  S 473-M. LEGISLATIVE FINDINGS  AND  PURPOSE.  THE  LEGISLATURE  HEREBY
FINDS  THAT THE PROBLEM OF ABUSE OF MENTALLY OR PHYSICALLY INCAPACITATED
PERSONS IS CONTINUING TO INCREASE IN SOCIETY TODAY. THIS TYPE  OF  ABUSE
OFTEN GOES UNREPORTED BECAUSE OF THE INABILITY OF THE VICTIM TO COMMUNI-
CATE  THE  ABUSE TO THE PROPER AUTHORITIES OR THE VICTIM'S UNWILLINGNESS
TO DISCLOSE THE ABUSE DUE TO EMBARRASSMENT, FEAR OR SHAME.    THEREFORE,
IT  IS  NECESSARY TO INSTITUTE A SYSTEM WHICH WOULD MAKE THE INDIVIDUALS
TREATING OR COMING INTO  CONTACT  WITH  PERSONS  WHO  HAVE  PHYSICAL  OR
EMOTIONAL  SYMPTOMS OF ABUSE RESPONSIBLE FOR REPORTING THIS CRIME TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07011-01-3

              

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