HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
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:
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 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.], or facsimile or
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
; 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 county police department, in a timely manner, shall proceed with a criminal investigation.
(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.
(e)] (f) For the purposes of
means the department of human services.]
"Elder" means a person who is sixty-two years of age or older.
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."
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.
Financial Abuse; Elder; Notification
Expands notification for financial abuse of an elder by requiring financial institutions to report suspected abuse directly to the appropriate police department. Allows for reports by facsimile and electronic device. Clarifies the definition of financial abuse. (HB867 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.