Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach & education aspect to such program.
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:
1 Section 1. Subdivisions 1 and 2 of section 219 of the elder law are
2 amended to read as follows:
3 1. Definitions. For the purposes of this section, (a) the terms
4 "designated agency" and "elderly person" shall have the same meaning as
5 ascribed to them in section two hundred fourteen of this title;
6 (b) the term "financial institution" shall mean any of the following:
7 (1) A depository institution, as defined in section 3(c) of the feder-
8 al deposit insurance act (12 U.S.C. sec. 1813(c));
9 (2) An institution-affiliated party, as defined in section 3(u) of the
10 federal deposit insurance act (12 U.S.C. sec. 1813(u));
11 (3) A federal credit union or state credit union, as defined in
12 section 101 of the federal credit union act (12 U.S.C. sec. 1752),
13 including, but not limited to, an institution-affiliated party of a
14 credit union, as defined in section 206(r) of the federal credit union
15 act (12 U.S.C. sec. 1752(r)); and
16 (c) the term "financial exploitation" shall mean the improper use of
17 an elderly person's funds, property, or resources by another individual,
18 including but not limited to, fraud, false pretenses, embezzlement,
19 conspiracy, forgery, falsifying records, coerced property transfers or
20 denial of access to assets.
21 2. The director, within the amounts appropriated therefor, shall, in
22 conjunction with the office of children and family services, establish
23 an elderly abuse education and outreach program hereinafter referred to
24 in this section as the "program," for the purpose of providing education
25 and outreach to the general public, including elderly persons and their
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04740-01-3
S. 2171 2
1 families and caregivers, to identify and prevent elderly abuse, neglect
2 and exploitation. This program shall also include a financial outreach,
3 education and training program, for the purpose of providing an educa-
4 tion, outreach and training program to certified public accountants
5 licensed in this state, attorneys licensed in this state, any preparer
6 of taxes operating in this state, and to financial institutions as
7 defined in paragraph (b) of subdivision one of this section located
8 within this state.
9 § 2. Subparagraphs 3 and 4 of paragraph (b) of subdivision 3 of
10 section 219 of the elder law are amended to read as follows:
11 (3) the capacity of the designated agency to coordinate its services
12 with health, human service and law enforcement and public agencies which
13 provide services or assistance to the elderly, including the local
14 department of social services adult protective services unit; [and] or
15 (4) the capacity of the designated agency to coordinate its services
16 with banking, human service and law enforcement and public agencies
17 which provide services or assistance to the elderly, including the local
18 department of social services adult protective services unit; and
19 (5) any other criteria determined by the director to be appropriate.
20 § 3. This act shall take effect on the one hundred twentieth day after
21 it shall have become a law. Effective immediately, the addition, amend-
22 ment and/or repeal of any rule or regulation necessary for the implemen-
23 tation of this act on its effective date is authorized to be made on or
24 before such date.
