Bill Text: GA HB446 | 2011-2012 | Regular Session | Introduced
Bill Title: Elderly and disabled adults; financial service employees guard against fraud; clarify immunity
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-04 - House Second Readers [HB446 Detail]
Download: Georgia-2011-HB446-Introduced.html
11 LC
35 2168
House
Bill 446
By:
Representative Mitchell of the
88th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating
to protection of disabled adults and elder persons, so as to clarify the
immunity of financial service employees acting in good faith to seek information
to guard against fraud against elderly and disabled adults; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 30 of the Official Code of Georgia Annotated, relating to protection
of disabled adults and elder persons, is amended by revising Code Section
30-5-4, relating to reporting of need for protective services, manner and
contents of report, and immunity from civil or criminal liability, as
follows:
"30-5-4.
(a)(1)(A)
Any physician, osteopath, intern, resident, other hospital or medical personnel,
dentist, psychologist, chiropractor, podiatrist, pharmacist, physical therapist,
occupational therapist, licensed professional counselor, nursing personnel,
social work personnel, day-care personnel, coroner, medical examiner, employee
of a public or private agency engaged in professional health related services to
elder persons or disabled adults, or law enforcement personnel having reasonable
cause to believe that a disabled adult or elder person has had a physical injury
or injuries inflicted upon such disabled adult or elder person, other than by
accidental means, or has been neglected or exploited shall report or cause
reports to be made in accordance with the provisions of this Code
section.
(B)
Except as provided in this paragraph, any employee of a financial institution,
as defined in Code Section 7-1-4, having reasonable cause to believe that a
disabled adult or elder person has been exploited shall report or cause reports
to be made in accordance with the provisions of this Code section; provided,
however, that this obligation shall not apply to any employee of a financial
institution while that employee is acting as a fiduciary, as defined in Code
Section 7-1-4, but only for such assets that the employee is holding or managing
in a fiduciary capacity.
An employee of
a financial institution shall be immune from all civil and criminal liability
for actions taken in good faith related to the investigation into or reporting
of fraud or possible fraudulent actions committed against an elder person or
disabled adult, including the gathering of information from
consumers.
(C)
When the person having a reasonable cause to believe that a disabled adult or
elder person is in need of protective services performs services as a member of
the staff of a hospital, social agency, financial institution, or similar
facility, such person shall notify the person in charge of the
facility,
and such person or that person's designee shall report or cause reports to be
made in accordance with the provisions of this Code section.
(2)
Any other person having a reasonable cause to believe that a disabled adult or
elder person is in need of protective
services,
or has been the victim of abuse, neglect, or exploitation may report such
information as provided in this Code section.
(b)(1)
A report that a disabled adult or elder person who is not a resident of a
long-term care facility as defined in Code Section 31-8-80 is in need of
protective services or has been the victim of abuse, neglect, or exploitation
shall be made to an adult protection agency providing protective services, as
designated by the department or, if such agency is unavailable, to an
appropriate law enforcement agency or prosecuting attorney. If a report of a
disabled adult or elder person abuse is made to an adult protection agency or
independently discovered by the agency and the agency has reasonable cause to
believe such report is true, then the agency shall immediately notify the
appropriate law enforcement agency or prosecuting attorney. If the disabled
adult or elder person is a resident of a long-term care facility as defined in
Code Section 31-8-80, a report shall be made in accordance with Article 4 of
Chapter 8 of Title 31. If a report made in accordance with the provisions of
this Code section alleges that the abuse or exploitation occurred within a
long-term care facility, such report shall be investigated in accordance with
Articles 3 and 4 of Chapter 8 of Title 31.
(2)
The report may be made by oral or written communication. The report shall
include the name and address of the disabled adult or elder person and should
include the name and address of the disabled adult's or elder person's
caretaker, the age of the disabled adult or elder person, the nature and extent
of the disabled adult's or elder person's injury or condition resulting from
abuse, exploitation, or neglect, and other pertinent information. All such
reports prepared by a law enforcement agency shall be forwarded to the director
within 24 hours.
(c)
Anyone who makes a report pursuant to this chapter, who testifies in any
judicial proceeding arising from the report, who provides protective services,
or who participates in a required investigation under the provisions of this
chapter shall be immune from any civil or criminal liability on account of such
report or testimony or participation, unless such person acted in bad faith,
with a malicious purpose, or was a party to such crime or fraud. Any financial
institution, as defined in Code Section 7-1-4,
including,
without
limitation,
officers and directors thereof, that is an employer of anyone who makes a report
pursuant to this chapter in his or her capacity as an employee, or who testifies
in any judicial proceeding arising from a report made in his or her capacity as
an employee, or who participates in a required investigation under the
provisions of this chapter in his or her capacity as an employee, shall be
immune from any civil or criminal liability on account of such report or
testimony or participation of its employee, unless such financial institution
knew or should have known that the employee acted in bad faith or with a
malicious purpose and failed to take reasonable and available measures to
prevent such employee from acting in bad faith or with a malicious purpose. The
immunity described in this subsection shall apply not only with respect to the
acts of making a report, testifying in a judicial proceeding arising from a
report,
communicating,
collecting, writing, or seeking information from consumers related to the
purposes of this chapter, providing
protective services, or participating in a required investigation but also shall
apply with respect to the content of the information communicated in such
acts."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.