HLS 10RS-110 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 607 BY REPRESENTATIVE ROY ELDERLY: Provides for the mandatory reporting of abuse of adults by banks, their affiliates, and other financial institutions and provides for the release of financial records AN ACT1 To amend and reenact R.S. 15:1504(A) and to enact R.S. 6:333(F)(17) and R.S.2 15:1507(H)(6), relative to adult protective services; to provide that banks, their3 affiliates, and other financial institutions are mandatory reporters regarding adult4 abuse, neglect, or exploitation; to require banks, their affiliates, or any other financial5 institutions to provide the adult protection agency with financial records; and to6 provide for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 15:1504(A) is hereby amended and reenacted and R.S.9 15:1507(H)(6) is hereby enacted to read as follows: 10 §1504. Mandatory reports and immunity11 A. Any person, including but not limited to a health, mental health, and12 social service practitioner, and any bank, its affiliate, and any other financial13 institution in accordance with the provisions of 12 U.S.C. 3403(c), having cause to14 believe that an adult's physical or mental health or welfare has been or may be15 further adversely affected by abuse, neglect, or exploitation shall report in16 accordance with R.S. 15:1505.17 * * *18 §1507. Investigation of reports, assessment, actions taken, and court orders19 HLS 10RS-110 ENGROSSED HB NO. 607 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. * * *1 H.2 * * *3 (6) Any bank and its affiliates or any other financial institution shall provide4 the adult protection agency with any financial records or documents in accordance5 with the provisions of 12 U.S.C. 3403(c) necessary to the performance of the6 agency's duties pursuant to the provisions of this Chapter. Any bank and its affiliates7 or any other financial institution having possession of a financial record or document8 which is necessary to the performance of the agency's duties imposed by the9 provisions of this Chapter shall, without unnecessary delay, make the record or10 document available to the agency.11 * * *12 Section 2. R.S. 6:333(F)(17) is hereby enacted to read as follows:13 §333. Disclosure of financial records; reimbursement of costs14 * * *15 F. The following disclosures by a bank or any affiliate are hereby16 specifically authorized and, except as otherwise provided in this Subsection, nothing17 in this Section shall prohibit, restrict, or otherwise apply to:18 * * *19 (17) The disclosure of information, records, or documents including20 mandatory reporting by a bank or any affiliate to the adult protection agency21 concerning the suspected abuse, neglect, or exploitation of an adult as required by22 the provisions of R.S. 15:1501 et seq.23 * * *24 HLS 10RS-110 ENGROSSED HB NO. 607 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Roy HB No. 607 Abstract: Requires banks, their affiliates, and any other financial institutions to be mandatory reporters of abuse and to provide financial records to the adult protection agency. Present law provides for mandatory reporting of abuse, neglect, or exploitation of adults. Defines "adults". Present law provides that any person, including but not limited to a health, mental health, and social service practitioner, having cause to believe that an adult's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall report as required by present law. Proposed law retains the provisions of present law and adds banks, their affiliates, and other financial institutions to the list of mandatory reporters. Proposed law requires any banks, affiliates, and other financial institutions to provide the adult protection agency with any financial records or documents in accordance with the provisions of federal law. (Amends R.S. 15:1504(A); Adds R.S. 6:333(F)(17) and R.S. 15:1507(H)(6)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill. 1. Added banks and their affiliates to the list of mandatory reporters and requires them to disclose financial records to the adult protection agency concerning the suspected abuse, neglect, or exploitation of an adult.