[§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:



(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.



(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)  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)  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. [L 2007, c 94, §2]



 



Cross References



 



  Some other actions or penalties for violations committed
against elders, see §§28-94, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-603.5,
485A-604.5, and 487.14.