New York A 5489: Establishes mandatory reporting of alleged incidents of abuse, mistreatment or neglect of residents in assisted living and adult care facilities

Bill Text

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A05489 Summary:

BILL NOA05489 

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SAME ASNo Same As

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SPONSORHooks

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COSPNSRCunningham, Gonzalez-Rojas, Tapia, Taylor, Zaccaro, Hyndman, Fall

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MLTSPNSR

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Add Art 9-C §§473-m - 473-u, Soc Serv L

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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.

Go to top A05489 Actions:

BILL NOA05489 

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02/14/2025referred to health

01/07/2026referred to health

Go to topA05489 Committee&nbspVotes:

Go to topA05489 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05489 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5489

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. HOOKS -- 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:

 1 Section 1. The social services law is amended by adding a new article
 2 9-C to read as follows:

 3 ARTICLE 9-C
 4 MANDATORY REPORTING OF ABUSE OF
 5 MENTALLY OR PHYSICALLY INCAPACITATED PERSONS
 6 Section 473-m. Legislative findings and purpose.
 7 473-n. Definitions.
 8 473-o. Mandatory reporting.
 9 473-p. Any person permitted to report.
 10 473-q. Reporting procedure.
 11 473-r. Obligations of persons required to report.
 12 473-s. Immunity from liability for reporting.
 13 473-t. Penalties for failure to report.
 14 473-u. Education of mandatory reporters.
 15 § 473-m. Legislative findings and purpose. The legislature hereby
 16 finds that the problem of abuse of mentally or physically incapacitated
 17 persons is continuing to increase in society today. This type of abuse
 18 often goes unreported because of the inability of the victim to communi-
 19 cate the abuse to the proper authorities or the victim's unwillingness
 20 to disclose the abuse due to embarrassment, fear or shame. Therefore,
 21 it is necessary to institute a system which would make the individuals
 22 treating or coming into contact with persons who have physical or
 23 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.
 LBD08488-01-5

 A. 5489 2

 1 proper authorities so that the victims can receive proper protection
 2 from further abuse.
 3 § 473-n. Definitions. As used in this article, the following terms
 4 shall have the following meanings unless the context otherwise requires:
 5 1. "Abuse" means the willful infliction of injury, unreasonable
 6 confinement, verbal or mental intimidation, or punishment resulting in
 7 physical harm, pain, mental anguish or financial exploitation.
 8 2. "Person" means an individual over the age of eighteen who is
 9 mentally or physically incapacitated to such a degree as to be unable to
 10 defend themself physically or who is mentally unable to independently
 11 care for themself.
 12 § 473-o. Mandatory reporting. 1. The following persons and officials
 13 are required to report or cause a report to be made in accordance with
 14 this article when they have reasonable cause to suspect that a person
 15 coming before them in their professional or official capacity is abused
 16 or maltreated, or when they have reasonable cause to suspect that a
 17 person is abused or maltreated where the relative, guardian, custodian
 18 or other person legally responsible for such person comes before them in
 19 their professional or official capacity and states from personal know-
 20 ledge facts, conditions or circumstances which, if correct, would render
 21 such person an abused or maltreated individual: any physician; regis-
 22 tered physician assistant; surgeon; medical examiner; coroner; dentist;
 23 dental hygienist; osteopath; optometrist; chiropractor; p