HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MANDATORY REPORTING.
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:
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 appropriate police
department [ of human services] and may report suspected financial
abuse to the 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.] and by electronic filing, or as soon as practicably possible, and
by written report sent within two business days, to the appropriate police
department; provided that suspected financial abuse may be reported to the
department of human services.
(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.]
(c) The department shall inform the appropriate police department of all reports received by the department regarding a case of financial abuse; provided that the name of the person who reported the case of financial abuse shall be released to the police department pursuant only to court order or the person's consent.
(d) The department shall inform the appropriate police department or office of the prosecuting attorney of any relevant information concerning a case of financial abuse when the information is required by the police department or the office of the prosecuting attorney for the investigation or prosecution of that case; provided that the name of the person who reported the case of financial abuse shall be released to the police department or the office of the prosecuting attorney pursuant only to court order or the person's consent.
(d)] (e) Notwithstanding any
other state law to the contrary, including but not limited to laws concerning
confidentiality, any person, including the 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 )] (f) 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Financial Abuse; Elderly; Mandatory Reporting
Requires suspected financial abuse of an elder to be reported by financial institutions to an appropriate police department and allows suspected financial abuse to be reported to the Department of Human Services. Mandates the Department of Human Services to share records with police or the office of the prosecutor for investigation or prosecution of a financial abuse case. Effective July 1, 2050. (HB2190 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.