S T A T E   O F   N E W   Y O R K
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                                  3737

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Aging

AN ACT to amend the social services law and the banking law, in relation
  to protection of the elderly against financial  exploitation;  and  to
  repeal  title  13  of article 5 of the social services law relating to
  state heating fuel crisis assistance

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

  Section  1.  Title  13  of  article  5  of  the social services law is
REPEALED and a new title 13 is added to read as follows:

                                TITLE 13
           REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY

SECTION 370-AA. REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY.
  S 370-AA. REPORTING OF FINANCIAL EXPLOITATION OF THE ELDERLY.  1.  THE
FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT
TO  BE  MADE  IN  ACCORDANCE WITH THIS SECTION WHEN THEY HAVE REASONABLE
CAUSE TO SUSPECT THAT A PERSON AGED  SIXTY-TWO  YEARS  OR  OLDER  COMING
BEFORE  THEM  IN  THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS A VICTIM OF
FINANCIAL EXPLOITATION AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION SIX OF
SECTION FOUR HUNDRED  SEVENTY-THREE  OF  THIS  CHAPTER:  ANY  PHYSICIAN;
LICENSED   PHYSICIAN  ASSISTANT;  SURGEON;  MEDICAL  EXAMINER;  CORONER;
DENTIST; OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;  PODIATRIST;  RESIDENT;
INTERN; PSYCHOLOGIST; REGISTERED PROFESSIONAL NURSE; HOSPITAL OR NURSING
HOME  PERSONNEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT
OF PERSONS; SOCIAL SERVICES WORKER; SOCIAL WORKER; MENTAL HEALTH PROFES-
SIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM COUNSELOR; POLICE OFFICER;
DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR  EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;
LAWYER;  PUBLIC  ACCOUNTANT  OR  CERTIFIED PUBLIC ACCOUNTANT; INCOME TAX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06593-02-3
              

A. 3737                             2

PREPARER; OR BANKING INSTITUTION, AS DEFINED IN SECTION  NINE-F  OF  THE
BANKING  LAW.    WHENEVER  SUCH  PERSON IS REQUIRED TO REPORT UNDER THIS
SECTION IN HIS OR HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL  OR
OTHER PUBLIC OR PRIVATE INSTITUTION, FACILITY OR AGENCY, HE OR SHE SHALL
IMMEDIATELY NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, FACILITY OR
AGENCY,  OR  HIS  OR  HER  DESIGNATED  AGENT, WHO THEN ALSO SHALL BECOME
RESPONSIBLE TO REPORT OR CAUSE REPORTS TO BE MADE. HOWEVER,  NOTHING  IN
THIS  SECTION  IS INTENDED TO REQUIRE MORE THAN ONE REPORT FROM ANY SUCH
INSTITUTION, FACILITY OR AGENCY.
  2. (A) THE REPORTS REQUIRED TO BE MADE  BY  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  BE  MADE  TO  THE  LOCAL SOCIAL SERVICES OFFICIAL OF THE
SOCIAL SERVICES DISTRICT IN WHICH THE REPORTING PERSON  GAINS  KNOWLEDGE
OF SUCH FINANCIAL EXPLOITATION OR IN WHICH THE ELDERLY PERSON RESIDES.
  (B)  UPON  THE RECEIPT OF SUCH A REPORT, SUCH SOCIAL SERVICES OFFICIAL
SHALL INVESTIGATE SUCH  REPORT AND TAKE SUCH ACTION AS MAY BE  WARRANTED
PURSUANT  TO  THE  RULES  OF  THE  COMMISSIONER  OF  CHILDREN AND FAMILY
SERVICES PROMULGATED THEREFOR.
  (C) THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL  PROMULGATE
RULES  PROVIDING  FOR THE ACCEPTANCE AND PROCESSING OF SUCH REPORTS, AND
FOR THE CONDUCT OF INVESTIGATIONS  OF  REPORTS  MADE  PURSUANT  TO  THIS
SECTION  AND  FOR THE IMPLEMENTATION OF MEASURES TO PROTECT PERSONS AGED
SIXTY-TWO YEARS OR OLDER AGAINST SUCH FINANCIAL EXPLOITATION WHEN IT  IS
FOUND.  SUCH  RULES SHALL INCLUDE, BUT NOT BE LIMITED TO, NOTIFYING  THE
APPROPRIATE DISTRICT ATTORNEY, THE ATTORNEY GENERAL, OR OTHER  APPROPRI-
ATE  LAW  ENFORCEMENT  OFFICIAL  OF  ILLEGAL  CONDUCT  AND NOTIFYING THE
NON-IMPLICATED NEXT  OF  KIN,  ATTORNEY-IN-FACT,  OR  GUARDIAN  OF  SUCH
PERSON.
  S  2.  Subdivision  3  of  section 4 of the banking law, as amended by
chapter 601 of the laws of 2007, is amended to read as follows:
  3. No financial institution which discloses  information  pursuant  to
subdivision  two  of  this section, or discloses any financial record to
the state office of temporary  and  disability  assistance  or  a  child
support  enforcement  unit of a social services district for the purpose
of enforcing a child support obligation of such person, shall be  liable
under any law to any person for such disclosure, or for any other action
taken  in good faith to comply with subdivision two of this section.  NO
BANKING ORGANIZATION WHICH  REPORTS  INSTANCES  OF  SUSPECTED  ABUSE  OR
MISTREATMENT  OF  ANY PERSON AGED SIXTY-TWO YEARS OR OLDER TO THE OFFICE
FOR THE AGING OR A DESIGNATED AGENCY, PURSUANT TO THE ELDER  LAW,  SHALL
BE  LIABLE  TO  ANY  PERSON FOR SUCH DISCLOSURE, OR FOR ANY OTHER ACTION
TAKEN IN GOOD FAITH TO COMPLY WITH THE REQUIREMENTS OF SUCH CHAPTER.
  S 3. This act shall take effect on  the  two  hundred  seventieth  day
after  it  shall  have  become  a law; provided that the commissioner of
children and family services is authorized to promulgate rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive date on or before such date.