EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0175*
SENATE BILL 175
O1, O2 2lr0050
(PRE–FILED)
By: Chair, Finance Committee (By Request – Departmental – Human Services)
Requested: October 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Fiduciary Institutions – Investigation of Financial Abuse and Financial 2
Exploitation – Records Disclosure 3
FOR the purpose of requiring a fiduciary institution to disclose certain financial records to 4
an adult protective services program that is investigating suspected financial abuse 5
or financial exploitation; authorizing an adult protective services agency or a law 6
enforcement agency to share certain information with a fiduciary institution that 7
made a report of suspected financial abuse or financial exploitation; and generally 8
relating to investigations of financial abuse and financial exploitation. 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 14–303 and 14–309 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Financial Institutions 16
Section 1–302 and 1–306(e) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Financial Institutions 21
Section 1–306(f) and (g) 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2021 Supplement) 24
BY adding to 25
Article – Financial Institutions 26 2 SENATE BILL 175
Section 1–306(h) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2021 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Human Services 5
Section 1–201 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2021 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Family Law 11
14–303. 12
(a) To protect the welfare of the alleged vulnerable adult the local department 13
shall begin a thorough investigation: 14
(1) within 5 working days after the receipt of the report of suspected abuse, 15
neglect, self–neglect, or exploitation; or 16
(2) within 24 hours after the receipt of the report of suspected abuse, 17
neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 18
(b) The investigation shall include: 19
(1) a determination of whether: 20
(i) the individual is a vulnerable adult; and 21
(ii) there has been abuse, neglect, self–neglect, or exploitation; and 22
(2) if the individual is determined to be a vulnerable adult and to have 23
suffered abuse, neglect, self–neglect, or exploitation: 24
(i) a determination of the nature, extent, and cause of the abuse, 25
neglect, self–neglect, or exploitation; 26
(ii) a determination of the identity of the person or persons 27
responsible for the abuse, neglect, self–neglect, or exploitation; 28
(iii) an evaluation of the home environment; and 29
(iv) a determination of any other pertinent facts. 30
SENATE BILL 175 3
(c) (1) On request by the local department, the local State’s Attorney or the 1
appropriate law enforcement agency shall assist in the investigation. 2
(2) As appropriate, the local office on aging or the Department of Aging, 3
local geriatric evaluation service, or any other public or private agency, INCLUDING A 4
FIDUCIARY INSTITUTIO N, providing services or care to the alleged vulnerable adult or 5
whose information or expertise may be of assistance in assessing risk or planning services 6
may assist in the investigation on the request by the local department. 7
(3) Any agencies set out in this subsection may jointly agree to cooperative 8
arrangements for investigation. 9
(d) An investigation under this section shall be completed within: 10
(1) 60 days; or 11
(2) 10 days if the report indicates that an emergency exists. 12
(e) Parties participating in an investigation may share pertinent client 13
information relevant to the investigation. 14
14–309. 15
Any person, INCLUDING A FIDUCIARY INSTITUT ION, who makes or participates in 16
making a report under this subtitle or participates in an investigation or a judicial 17
proceeding resulting from a report under this subtitle shall have the immunity from 18
liability described under § 5–622 of the Courts and Judicial Proceedings Article. 19
Article – Financial Institutions 20
1–302. 21
Except as otherwise expressly provided in this subtitle, a fiduciary institution, its 22
officers, employees, agents, and directors: 23
(1) May not disclose to any person any financial record relating to a 24
customer of the institution unless: 25
(i) The customer has authorized the disclosure to that person; 26
(ii) Proceedings have been instituted for appointment of a guardian 27
of the property or of the person of the customer, and court–appointed counsel presents to 28
the fiduciary institution an order of appointment or a certified copy of the order issued by 29
or under the direction or supervision of the court or an officer of the court; 30
(iii) The customer is disabled and a guardian is appointed or qualified 31
by a court, and the guardian presents to the fiduciary institution an order of appointment 32 4 SENATE BILL 175
or a certified copy of the order issued by or under the direction or supervision of the court 1
or an officer of the court; 2
(iv) The customer is deceased and a personal representative is 3
appointed or qualified by a court, and the personal representative presents to the fiduciary 4
institution letters of administration issued by or under the direction or supervision of the 5
court or an officer of the court; 6
(v) The Department of Human Services requests the financial record 7
in the course of verifying the individual’s eligibility for public assistance; 8
(VI) THE INSTITUTION RECEI VED A REQUEST FOR THE 9
CUSTOMER’S INFORMATION DIRECT LY FROM AN ADULT PRO TECTIVE SERVICES 10
PROGRAM IN A LOCAL DEPARTMEN T OF SOCIAL SERVICES THAT, UNDER TITLE 14 11
OF THE FAMILY LAW ARTICLE, IS INVESTIGATING SUSPECTED FINANCIAL ABUSE OR 12
FINANCIAL EXPLOITATION OF THE CUSTOMER ; 13
[(vi)] (VII) The institution received a request, notice, or subpoena for 14
information directly from the Child Support Administration of the Department of Human 15
Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly 16
through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or 17
[(vii)] (VIII) The institution received a request, notice, or subpoena for 18
information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General 19
Article; 20
(2) Shall disclose any information requested in writing by the Department 21
of Human Services relative to money held in a savings deposit, time deposit, demand 22
deposit, or any other deposit held by the fiduciary institution in the name of the individual 23
who is a recipient or applicant for public assistance; [and] 24
(3) SHALL DISCLOSE ANY INFORMATION REQU ESTED IN WRITING BY 25
AN ADULT PROTECTIVE SERVICES PROGRAM IN A LOCAL DEPARTMEN T OF SOCIAL 26
SERVICES RELATIVE TO ANY DEPOSIT ACCOUNT , LOAN, OR OTHER FINANCIAL 27
SERVICE PROVIDED BY THE FIDUCIARY INSTIT UTION TO AN INDIVIDUAL WHO IS 28
BEING INVESTIGATED UNDER TITLE 14 OF THE FAMILY LAW ARTICLE AS A 29
SUSPECTED VICTIM OF FINANCIAL ABUSE OR FIN ANCIAL EXPLOITATION ; AND 30
[(3)] (4) Shall disclose any information requested in writing by the 31
Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or 32
any other deposit held by the fiduciary institution in the name of an individual whose 33
property is subject to a tax lien. 34
1–306. 35
SENATE BILL 175 5
(e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary 1
institution or an officer, employee, agent, or director of a fiduciary institution may decline 2
to provide to any person information that would disclose or indicate whether a report of 3
financial exploitation or an abuse report has or has not been filed under this section. 4
(2) A fiduciary institution or an officer, employee, agent, or director of a 5
fiduciary institution may not decline to provide information requested by a person 6
identified in subsection (d)(4)(i) of this section in connection with an investigation of 7
suspected financial abuse OR FINANCIAL EXPLOIT ATION. 8
(f) Except as provided in § 1–305(c) of this subtitle, there shall be no liability on 9
the part of and no cause of action of any nature shall arise against, and there shall be 10
immunity from any civil and criminal liability that would otherwise result for, a fiduciary 11
institution or an officer, employee, agent, or director of a fiduciary institution for an action 12
or omission involved with: 13
(1) Making or participating in making a disclosure or report under this 14
section; 15
(2) Participating in an investigation or a judicial proceeding resulting from 16
a report filed under this section; or 17
(3) Declining to provide information as described in subsection (e) of this 18
section. 19
(g) Except as required under subsection (d) of this section, this section does not 20
create and may not be construed as creating, on the part of a fiduciary institution or an 21
officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure 22
to an adult protective services program or file a report of financial exploitation under this 23
section. 24
(H) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AT THE REQUEST 25
OF THE FIDUCIARY INSTITUTIO N, AN ADULT PROTECTIVE S ERVICES AGENCY OR A 26
LAW ENFORCEMENT AGEN CY MAY, AND IS ENCOURAGED TO , DISCLOSE THE STATUS 27
OR FINAL DISPOSITION OF AN INVESTIGATION OF SUSPECTED FINANCI AL ABUSE OR 28
FINANCIAL EXPLOITATI ON TO A FIDUCIARY INSTITUTION THAT MAD E THE REPORT 29
OF SUSPECTED FINANCI AL ABUSE OR FINANCIA L EXPLOITATION . 30
Article – Human Services 31
1–201. 32
(a) Except as provided in subsection (b) of this section, a person may not disclose 33
any information concerning an applicant for or recipient of social services, child welfare 34
services, cash assistance, food stamps, or medical assistance that is directly or indirectly 35
derived from the records, investigations, or communications of the State, a county, or a 36 6 SENATE BILL 175
municipal corporation or a unit of the State, a county, or a municipal corporation or that is 1
acquired in the course of the performance of official duties. 2
(b) This section does not prohibit the disclosure of information: 3
(1) in accordance with a court order; [or] 4
(2) to an officer or employee of any state or local government, the United 5
States, or a fiduciary institution, if the officer or employee is entitled to the information in 6
an official capacity and the disclosure is necessary to administer: 7
(i) public assistance, medical assistance, social services, or child 8
welfare services programs; or 9
(ii) voter registration in accordance with § 3–203 of the Election Law 10
Article; OR 11
(3) TO A FIDUCIARY INSTI TUTION THAT REPORTED SUSPECTED 12
FINANCIAL ABUSE OR F INANCIAL EXPLOITATIO N, IF THE FIDUCIARY INSTITUTIO N IS 13
AUTHORIZED TO REQUEST THE INFORMATION UNDER § 1–306(H) OF THE FINANCIAL 14
INSTITUTIONS ARTICLE. 15
(c) A person who violates this section is guilty of a misdemeanor and on conviction 16
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2022. 19