Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach & education aspect to such program.
TITLE OF BILL: An act to amend the elder law, in relation to the elderly abuse education and outreach program
PURPOSE: To ensure that the existing elderly abuse education and outreach program within the state Office for the Aging includes education and outreach devoted to the prevention of financial exploitation.
SUMMARY OF PROVISIONS:
Section 1 amends the elder law by adding a definition of "financial institution and the definition of "financial exploitation currently defined in the social services law. In addition, this section requires the director to include within the program a financial outreach, education, and training program for CPAs, attorneys, tax preparers, and financial institutions, so that such entities can spot and possibly Prevent instances of financial exploitation against the elderly.
JUSTIFICATION: Financial exploitation and abuse among older adults is a serious and growing problem. While anyone can become a victim of financial exploitation, older adults are especially vulnerable. Nationwide, it is estimated that $40 billion is lost annually through scams, theft and stolen property. unfortunately, age and disability often require that relatives, friends and others are solicited to help manage finances and thus are given easy access to their assets. Perceptions of physical and mental limitations often make financial abuse easy and low risk.
This legislation ensures that the current elderly abuse education and outreach program includes a financial exploitation component for those working with financial information and to help the public understand and identify possible abuse.
LEGISLATIVE HISTORY: 2007-08 A.3765A (similar legislation) Referred to codes 2009-10 A.3886 (similar legislation) Referred to banks 2010-11 A.4541 (similar legislation) Referred to banks
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The act shall take effect 120 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 2171 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the elder law, in relation to the elderly abuse educa- tion and outreach program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 219 of the elder law are amended to read as follows: 1. Definitions. For the purposes of this section, (A) the terms "designated agency" and "elderly person" shall have the same meaning as ascribed to them in section two hundred fourteen of this title; (B) THE TERM "FINANCIAL INSTITUTION" SHALL MEAN ANY OF THE FOLLOWING: (1) A DEPOSITORY INSTITUTION, AS DEFINED IN SECTION 3(C) OF THE FEDER- AL DEPOSIT INSURANCE ACT (12 U.S.C. SEC. 1813(C)); (2) AN INSTITUTION-AFFILIATED PARTY, AS DEFINED IN SECTION 3(U) OF THE FEDERAL DEPOSIT INSURANCE ACT (12 U.S.C. SEC. 1813(U)); (3) A FEDERAL CREDIT UNION OR STATE CREDIT UNION, AS DEFINED IN SECTION 101 OF THE FEDERAL CREDIT UNION ACT (12 U.S.C. SEC. 1752), INCLUDING, BUT NOT LIMITED TO, AN INSTITUTION-AFFILIATED PARTY OF A CREDIT UNION, AS DEFINED IN SECTION 206(R) OF THE FEDERAL CREDIT UNION ACT (12 U.S.C. SEC. 1752(R)); AND (C) THE TERM "FINANCIAL EXPLOITATION" SHALL MEAN THE IMPROPER USE OF AN ELDERLY PERSON'S FUNDS, PROPERTY, OR RESOURCES BY ANOTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO, FRAUD, FALSE PRETENSES, EMBEZZLEMENT, CONSPIRACY, FORGERY, FALSIFYING RECORDS, COERCED PROPERTY TRANSFERS OR DENIAL OF ACCESS TO ASSETS. 2. The director, within the amounts appropriated therefor, shall, in conjunction with the office of children and family services, establish an elderly abuse education and outreach program HEREINAFTER REFERRED TO IN THIS SECTION AS THE "PROGRAM," for the purpose of providing education and outreach to the general public, including elderly persons and theirEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04740-01-3 S. 2171 2
families and caregivers, to identify and prevent elderly abuse, neglect and exploitation. THIS PROGRAM SHALL ALSO INCLUDE A FINANCIAL OUTREACH, EDUCATION AND TRAINING PROGRAM, FOR THE PURPOSE OF PROVIDING AN EDUCA- TION, OUTREACH AND TRAINING PROGRAM TO CERTIFIED PUBLIC ACCOUNTANTS LICENSED IN THIS STATE, ATTORNEYS LICENSED IN THIS STATE, ANY PREPARER OF TAXES OPERATING IN THIS STATE, AND TO FINANCIAL INSTITUTIONS AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION LOCATED WITHIN THIS STATE. S 2. Subparagraphs 3 and 4 of paragraph (b) of subdivision 3 of section 219 of the elder law are amended to read as follows: (3) the capacity of the designated agency to coordinate its services with health, human service and law enforcement and public agencies which provide services or assistance to the elderly, including the local department of social services adult protective services unit;
[and]OR (4) THE CAPACITY OF THE DESIGNATED AGENCY TO COORDINATE ITS SERVICES WITH BANKING, HUMAN SERVICE AND LAW ENFORCEMENT AND PUBLIC AGENCIES WHICH PROVIDE SERVICES OR ASSISTANCE TO THE ELDERLY, INCLUDING THE LOCAL DEPARTMENT OF SOCIAL SERVICES ADULT PROTECTIVE SERVICES UNIT; AND (5) any other criteria determined by the director to be appropriate. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date is authorized to be made on or before such date.