IDENTITY THEFT IS NOW ELDER ABUSE

Earlier this week, Governor Kathy Hochul signed legislation (S.1560/A.1994) 

into law to protect seniors from fraudulent use of personal information 

by authorizing support services on identity theft through non-profit agencies and 

law enforcement. The legislation allows the Office of the Aging and law enforcement 

to recognize identity theft as one of the many forms of elder abuse and take 

appropriate action to help seniors.  

SUMMARY OF PROVISIONS:

The bill adds a definition of "elder abuse and exploitation" to subdivi-
sion 1 of section 209 of the elder law and incorporates identity theft
in the list of eligible support services through the naturally occurring

retirement communities (NORCS) programs.

The bill amends section 214-c of the executive law to provide that iden-
tity theft shall be one of the many forms of elder abuse that the Office
of the Aging and the state police address in their educational materials
for police officers' use when encountering such abuse.

The bill amends subdivision e of section 21-201of the administrative
code of the city of New York to add identity theft to the definition of
elder abuse.

 
JUSTIFICATION:

The unlawful use of an individual's personal identification information
such as social security number, driver's license information, or bank
and credit card account can result in terrible consequences lasting
years. In its worst form it can leave the older victim bankrupt and
without assets in their retirement. The Federal Trade Commission (FTC)
estimates that as many as 9 million American adults have their identi-
ties stolen each year. The crime takes many forms and may go undetected
for long periods; it often is not discovered until a review of a credit
card statement or receipt of notice for charges not made-or worse, until
the person is contacted by a debt collector. (Source: Federal Trade
Commission, NYS Attorney General's Office).

While older adults are not the exclusive targets of identity theft, they
can be especially susceptible to victimization as they often need to
share their personal information with caregivers, medical providers'
offices, government agencies, and over the internet. The impact of iden-
tity theft can be devastating for older adult victims who are unable to
restore stolen funds through employment. A recent study by the Office of
Children and Family Services found that the cost of financial exploita-
tion of adults in New York is over $1 billion dollars yet state law does
not currently include identity theft in the definition of "elder abuse".
With this legislation our aging support services groups and our law
enforcement teams will be able to use available resources to help
seniors, the fastest growing sector of our population, from identity
theft in its many forms.