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THE SENATE |
S.B. NO. |
1098 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE MANDATORY REPORTING OF FINANCIAL ABUSE OF ELDERS BY FINANCIAL INSTITUTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 412:3-114.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§412:3-114.5[]]
Mandatory reporting of suspected financial abuse of an elder. (a) A
financial institution shall report suspected financial abuse that is directed
towards, targets, or is committed against an elder to [the department of
human services if:] the appropriate county police department if:
(1) In connection with providing financial services to the elder, the officer or employee of a financial institution:
(A) Has direct contact with the elder; or
(B) Reviews or approves the elder′s financial documents, records, or transactions; and
(2) The officer or employee, within the scope of employment or professional practice:
(A) Observes or has knowledge of an incident the officer or employee believes in good faith appears to be financial abuse; or
(B) In the case of officers or employers who do not have direct contact with the elder, has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record, or transaction.
(b) Suspected financial
abuse shall be reported immediately [to the department] by telephone [and
by written report sent within five business days.
(c) Upon notification
by a financial institution of suspected financial abuse, the department, in a
timely manner, shall determine whether the department has jurisdiction over the
elder involved; and if not, shall notify the financial institution, which shall
then notify the proper local law enforcement agency immediately by telephone
and forward the written report to the agency within three business days. A
financial institution shall not be liable for failing to report suspected
financial abuse to a local law enforcement agency in cases in which the
department fails to notify the institution of the department′s lack of
jurisdiction.], or as soon as practicably possible, and by written
report sent within two business days, to the appropriate county police
department.
[(d)] (c)
Notwithstanding any other state law to the contrary, including but not limited
to laws concerning confidentiality, any person, including [the] a
financial institution, who:
(1) Participates in the making of a report pursuant to this section; and
(2) Believes, in good faith, that the action is warranted by facts known to that person,
shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of the report. Any person making the report shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.
[(e)] (d)
For the purposes of this section:
["Department"
means the department of human services.]
"Elder" means a person who is sixty-two years of age or older.
"Financial abuse"
means financial [abuse or economic] exploitation.] to take,
appropriate, obtain, or retain, or assist in taking, appropriating, obtaining,
or retaining, real or personal property of an elder adult by any means,
including undue influence, for a wrongful purpose or with intent to defraud the
elder adult."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Financial Abuse; Elder; Notification
Description:
Amend section 412:3-114.5, Hawaii Revised Statutes, to require financial institutions to report instances of suspected financial abuse of an elder directly to the appropriate police department instead of the Department of Human Services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.