[§412:3-114.5]  Mandatory reporting ofsuspected financial abuse of an elder.  (a)  A financial institution shallreport suspected financial abuse that is directed towards, targets, or iscommitted against an elder to the department of human services if:

(1)  In connection with providing financial servicesto 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 financialdocuments, records, or transactions; and

(2)  The officer or employee, within the scope ofemployment or professional practice:

(A)  Observes or has knowledge of an incidentthe officer or employee believes in good faith appears to be financial abuse;or

(B)  In the case of officers or employers whodo not have direct contact with the elder, has a good faith suspicion thatfinancial abuse has occurred or may be occurring, based solely on theinformation present at the time of reviewing or approving the document, record,or transaction.

(b)  Suspected financial abuse shall bereported immediately to the department by telephone and by written report sentwithin five business days.

(c)  Upon notification by a financialinstitution of suspected financial abuse, the department, in a timely manner,shall determine whether the department has jurisdiction over the elderinvolved; and if not, shall notify the financial institution, which shall thennotify the proper local law enforcement agency immediately by telephone andforward the written report to the agency within three business days.  Afinancial institution shall not be liable for failing to report suspectedfinancial abuse to a local law enforcement agency in cases in which thedepartment fails to notify the institution of the department's lack of jurisdiction.

(d)  Notwithstanding any other state law to thecontrary, including but not limited to laws concerning confidentiality, anyperson, including the financial institution, who:

(1)  Participates in the making of a report pursuantto this section; and

(2)  Believes, in good faith, that the action iswarranted by facts known to that person,

shall have immunity from any liability, civil orcriminal, that might be otherwise incurred or imposed by or as a result of themaking of the report.  Any person making the report shall have the sameimmunity with respect to participation in any judicial proceeding resultingfrom the report.

(e)  For the purposes of this section:

"Department" means the department ofhuman services.

"Elder" means a person who issixty-two years of age or older.

"Financial abuse" means financialabuse or economic exploitation. [L 2007, c 94, §2]

 

Cross References

 

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