Bill Text: HI SB2807 | 2012 | Regular Session | Introduced
Bill Title: Financial Abuse; Elder
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-07 - (S) The committee on HMS deferred the measure. [SB2807 Detail]
Download: Hawaii-2012-SB2807-Introduced.html
|
THE SENATE |
S.B. NO. |
2807 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO FINANCIAL ABUSE OF ELDERS.
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] the appropriate 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.], or as soon as practicably possible, and by written report
sent within two business days, to the appropriate 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.]
[(d)] (c) 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)] (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."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |
Report Title:
Financial Abuse; Elder
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.
