HOUSE OF REPRESENTATIVES

H.B. NO.

3

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE ELDERLY.

 

 

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:] and 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.], facsimile, or any other electronic device immediately or as soon as practically possible, to the department and the appropriate county police department.

(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.] and proceed in accordance with chapter 346.

(d) Upon notification by a financial institution of suspected financial abuse, the department and the appropriate county police department shall proceed with a criminal investigation in a timely manner.

[(d)] (e) 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.

(f) The department of commerce and consumer affairs shall develop a form that shall be used by any financial institution or person in documenting and reporting incidents of suspected financial abuse of elders as provided under this section. All financial institutions shall use the form to comply with the provisions of this section.

[(e)] (g) 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.


 


 

Report Title:

Financial Abuse; Elder; Reporting; Notification

 

Description:

Requires financial institutions to report suspected financial abuse that is directed towards, targets, or is committed against an elder, to the Department of Human Services and the appropriate county police department. (HB3 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.