NY A05489

Creates a mandatory reporting system requiring healthcare providers, law enforcement, social workers, and facility staff to report suspected abuse of mentally or physically incapacitated adults who cannot defend themselves or independently care for themselves

Defines abuse as willful infliction of injury, unreasonable confinement, verbal or mental intimidation, punishment resulting in physical harm, pain, mental anguish, or financial exploitation

Requires immediate telephone reports followed by written reports within two business days to the appropriate agency: Office of Children and Family Services for long-term care facilities, Commission on Quality of Care for state mental health hospitals, or county protective adult services for abuse occurring elsewhere

Grants civil and criminal immunity to any person who makes a good-faith report, with good faith presumed for mandatory reporters

Establishes penalties including class A misdemeanor charges for willful failure to report and civil liability for damages proximately caused by knowingly failing to report

Requires employers of mandatory reporters to provide written information on reporting requirements and mandates the Department of Children and Family Services to conduct education programs for reporters