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New Laws Aimed at Helping Older New Yorkers

Governor Paterson has called for a Special Legislative Session on August 19 to address economic issues and has indicated that he will provide assistance to help older and poor New Yorkers meet the devastating rise in heating costs. Once the regular Legislative Session ended with the usual flurry of legislative action, hundreds of bills that passed both the Assembly and the Senate await Executive Action. At press time, a number of bills have become law that positively impact older New Yorkers, health care consumers and family caregivers. For updates on legislative action, including the outcome of the Special Session, refer to our new web site.

Consumer Rights

Chapter 279 - Strengthens New York State`s identity theft laws and helps protect the State`s residents from the fraudulent use of their personal information. Allows New York State residents who become victims of identity theft to seek assistance from the Consumer Protection Board`s Identity Theft Prevention and Mitigation Program.

Caregiver Issues

Chapter 210 - Provides for a simplified advance health care directive form for persons receiving mental retardation and developmental disabilities services.

Chapter 389 - Includes children who currently do not qualify for services solely because home care would be more expensive than institutional care in the Care at Home I/II waiver program. The program serves children under 18 with physical disabilities, providing case management, home/vehicle adaptations, and respite.

Patient Rights

Chapter 477 - strengthens the physician discipline process, to make more timely public information on disciplinary actions and to enhance infection control training and practices.

To further protect patients, agreement has been reached to prohibit hospital and nursing home employers from mandating that nurses work beyond their scheduled shifts.

Chapter 197 - Promotes patients' ability to have their wishes honored in settings outside of hospitals and nursing homes, through expanded use of proven alternatives to the "do-not-resuscitate" form and orders not to intubate.

Chapter 203 - Expands the scope of the interagency geriatric mental health planning council to include chemical dependence and veterans issues.

Chapter 225 - Improves access to health care by allowing for volunteer health clinics throughout the state.

Elder Abuse

Chapter 68 - Increases from a misdemeanor to a class D violent felony the crime of assault on a person sixty-five years of age or older when the perpetrator is more than ten years younger than the victim.

Chapter 184 - Directs the State Police, Office for the Aging and Office for Children and Family Services to provide educational and other material related to elder abuse, to enhancing State Police procedures when abuse is encountered by officers.

Chapter 291 - Crimes against elderly can be prosecuted as a class E felony rather than a class A misdemeanor if a fraudulent scheme victimizes more than one vulnerable person who is 60 years of age or older.



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