Louisiana 2010 2010 Regular Session

Louisiana House Bill HB607 Engrossed / Bill

                    HLS 10RS-110	ENGROSSED
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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
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§1507.  Investigation of reports, assessment, actions taken, and court orders19 HLS 10RS-110	ENGROSSED
HB NO. 607
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are additions.
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H.2
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(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
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Section 2.  R.S. 6:333(F)(17) is hereby enacted to read as follows:13
§333.  Disclosure of financial records; reimbursement of costs14
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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
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(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
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HB NO. 607
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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.