Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

Click the state on the interactive map below or use the drop-down list

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC
Statute
N.Y. Soc. Serv. Law § 473(5).
N.Y. Soc. Serv. Law § 473-b(a)-(b).
N.Y. Pub. Health Law § 2803-d(1).
N.Y. Soc. Serv. Law § 488(2), (4), (5), (5-a), (15).
N.Y. Soc. Serv. Law § 489
Financial Services Professionals
(Mandated? Permissive?)

Any person. (Permissive)

State Report & Hold
(Y/N)

No.

Reporters

Whenever a social services official, or his or her designee authorized or required to determine the need for, or to provide or arrange for the provision of protective services to adults in accordance with the provisions of this title has a reason to believe that a criminal offense has been committed, as defined in the penal law, against a person for whom the need for such services is being determined or to whom such services are being provided or arranged, the social services official or his or her designee must report this information to the appropriate police or sheriff’s department and the district attorney’s office when such office has requested such information be reported by a social services official or his or her designee. N.Y. Soc. Serv. Law § 473(5).

Any operator or employee of a residential health care facility, any person who, or employee of any corporation, partnership, organization or other entity which, is under contract to provide patient care services in such facility, and any nursing home administrator, physician, medical examiner, coroner, physician’s associate, specialist’s assistant, osteopath, chiropractor, physical therapist, occupational therapist, registered professional nurse, licensed practical nurse, dentist, podiatrist, optometrist, pharmacist, psychologist, licensed master social worker, licensed clinical social worker, speech pathologist and audiologist. Only applies to persons receiving care or services in a residential health care facility. N.Y. Pub. Health Law § 2803-d(1).

A custodian or a human services professional, but shall not include a service recipient. N.Y. Soc. Serv. Law § 488(5). (Only applicable to facilities and provider agencies. N.Y. Soc. Serv. Law §489.)

Custodian: A director, operator, employee or volunteer of a facility or provider agency; or a consultant or an employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to a facility or provider agency pursuant to contract or other arrangement that permits such person to have regular and substantial contact with individuals who are cared for by the facility or provider agency. N.Y. Soc. Serv. Law § 488(2).

Human Services Professional: Physician; registered physician assistant; surgeon, medical examiner; coroner; dentist; dental hygienist; osteopath; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; licensed practical nurse; nurse practitioner; social worker; emergency medical technician; licensed creative arts therapist; licensed marriage and family therapist; licensed mental health counselor; licensed psychoanalyst; licensed speech/language pathologist or audiologist; licensed physical therapist; licensed occupational therapist; hospital personnel engaged in the admission, examination, care or treatment of persons; Christian Science practitioner; school official, which includes but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate; social services worker; any other child care or foster care worker; mental health professional; person credentialed by the office of alcoholism and substance abuse services; peace officer; police officer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official. N.Y. Soc. Serv. Law § 488(5-a).

Any person who in good faith believes that a person eighteen years of age or older may be an endangered adult or in need of protective or other services. N.Y. Soc. Serv. Law § 473-b.

Protected Individuals

A Person 18 Years of Age or Older. N.Y. Soc. Serv. Law § 473-b.

Endangered Adults: Persons in need of protective services. N.Y. Soc. Serv. Law § 473-b.

A person Receiving Care or Services in a Residential Health Care Facility. N.Y. Pub. Health Law § 2803-d(1).

Vulnerable Person: A person who, due to physical or cognitive disabilities, or the need for services or placement, is receiving services from a facility or provider agency. N.Y. Soc. Serv. Law § 488(15).

A Facility or a Provider Agency: (a) a facility or program in which services are provided and which is operated, licensed or certified by the office of mental health, the office for people with developmental disabilities or the office of alcoholism and substance abuse services, including but not limited to psychiatric centers, inpatient psychiatric units of a general hospital, developmental centers, intermediate care facilities, community residences, group homes and family care homes, provided, however, that such term shall not include a secure treatment facility as defined in section 10.03 of the mental hygiene law, or services provided in programs or facilities that are operated by the office of mental health and located in state correctional facilities under the jurisdiction of the department of corrections and community supervision; (b) any program or facility that is operated by the office of children and family services for juvenile delinquents or juvenile offenders placed in the custody of the commissioner of such office and any residential programs or facilities licensed or certified by the office of children and family services, excluding foster family homes and residential programs for victims of domestic violence; (c) adult care facilities, which shall mean adult homes or enriched housing programs licensed pursuant to article seven of this chapter: (i) (A) that have a licensed capacity of eighty or more beds; and (B) in which at least twenty-five percent of the residents are persons with serious mental illness as defined by subdivision fifty-two of section 1.03 of the mental hygiene law; (ii) but not including an adult home or enriched housing program which is authorized to operate fifty-five percent or more of its total licensed capacity of beds as assisted living program beds pursuant to section four hundred sixty-one-I of this chapter; (d) overnight summer day and traveling summer day camps for children with developmental disabilities as defined in regulations promulgated by the commissioner of health; or (e) the New York state school for the blind and the New York state school for the deaf, which operate pursuant to articles eighty-seven and eighty-eight of the education law; an institution for the instruction of the deaf and the blind which has a residential component and is subject to the visitation of the commissioner of education pursuant to article eighty-give of the education law with respect to its day and residential components; special act school districts serving students with disabilities; or in-state private schools which have been approved by the commissioner of education for special education services or programs, and which have a residential program. N.Y. Soc. Serv. Law § 488(4).

Financial Institutions-Immunity (Y/N)

Yes.

Any person who in good faith believes that a person eighteen years of age or older may be an endangered adult or in need of protective or other services, pursuant to this article, and who, based on such belief either: (a) reports or refers such person to the department, office for the aging, or any local social services district office or designated area agency on aging, law enforcement agency, or any other person, agency or organization that such person, in good faith, believes will take appropriate action; or (b) testifies in any judicial or administrative proceeding arising from such report or referral shall have immunity from any civil liability that might otherwise result by reason of the act of making such report or referral or of giving of such testimony. N.Y. Soc. Serv. Law § 473-b(a)-(b).

** See Senior Safe Act


* Although care has been taken to ensure the accuracy and completeness of the information provided, EverSafe assumes no responsibility therefore and urges users of the information to check sources before use. Information is updated regularly and subject to change.
** On May 24, 2018, the Senior Safe Act was signed into law on a federal level as part of Economic Growth, Regulatory Relief, and Consumer Protection Act (Pub. Law No: 115-174). The Act is now codified at 12 USC § 3423. It extends immunity from liability to covered financial institutions who disclose suspected financial exploitation of adults 65 years and older to regulatory or law-enforcement agencies.
*** On February 5, 2018, FINRA Rule 2165 was adopted. Rule 2165 allows members to place temporary holds on disbursements of funds or securities from the accounts of a person 1) age 65 or older or 2) 18 years or older who the member reasonably believes has a mental or physical impairment that renders the individual unable to protect his or her own interests, if the member reasonably believes that financial exploitation of the person has occurred, is occurring, has been attempted, or will be attempted.