EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 1, 2022
CHAPTER ______
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 2 SENATE BILL 175
Section 1–306(f) and (g) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2021 Supplement) 3
BY adding to 4
Article – Financial Institutions 5
Section 1–306(h) 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Human Services 10
Section 1–201 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Family Law 16
14–303. 17
(a) To protect the welfare of the alleged vulnerable adult the local department 18
shall begin a thorough investigation: 19
(1) within 5 working days after the receipt of the report of suspected abuse, 20
neglect, self–neglect, or exploitation; or 21
(2) within 24 hours after the receipt of the report of suspected abuse, 22
neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 23
(b) The investigation shall include: 24
(1) a determination of whether: 25
(i) the individual is a vulnerable adult; and 26
(ii) there has been abuse, neglect, self–neglect, or exploitation; and 27
(2) if the individual is determined to be a vulnerable adult and to have 28
suffered abuse, neglect, self–neglect, or exploitation: 29
(i) a determination of the nature, extent, and cause of the abuse, 30
neglect, self–neglect, or exploitation; 31
SENATE BILL 175 3
(ii) a determination of the identity of the person or persons 1
responsible for the abuse, neglect, self–neglect, or exploitation; 2
(iii) an evaluation of the home environment; and 3
(iv) a determination of any other pertinent facts. 4
(c) (1) On request by the local department, the local State’s Attorney or the 5
appropriate law enforcement agency shall assist in the investigation. 6
(2) As appropriate, the local office on aging or the Department of Aging, 7
local geriatric evaluation service, or any other public or private agency, INCLUDING A 8
FIDUCIARY INSTITUTIO N, providing services or care to the alleged vulnerable adult or 9
whose information or expertise may be of assistance in assessing risk or planning services 10
may assist in the investigation on the request by the local department. 11
(3) Any agencies set out in this subsection may jointly agree to cooperative 12
arrangements for investigation. 13
(d) An investigation under this section shall be completed within: 14
(1) 60 days; or 15
(2) 10 days if the report indicates that an emergency exists. 16
(e) Parties participating in an investigation may share pertinent client 17
information relevant to the investigation. 18
14–309. 19
Any person, INCLUDING A FIDUCIAR Y INSTITUTION, who makes or participates in 20
making a report under this subtitle or participates in an investigation or a judicial 21
proceeding resulting from a report under this subtitle shall have the immunity from 22
liability described under § 5–622 of the Courts and Judicial Proceedings Article. 23
Article – Financial Institutions 24
1–302. 25
Except as otherwise expressly provided in this subtitle, a fiduciary institution, its 26
officers, employees, agents, and directors: 27
(1) May not disclose to any person any financial record relating to a 28
customer of the institution unless: 29
(i) The customer has authorized the disclosure to that person; 30
4 SENATE BILL 175
(ii) Proceedings have been instituted for appointment of a guardian 1
of the property or of the person of the customer, and court–appointed counsel presents to 2
the fiduciary institution an order of appointment or a certified copy of the order issued by 3
or under the direction or supervision of the court or an officer of the court; 4
(iii) The customer is disabled and a guardian is appointed or qualified 5
by a court, and the guardian presents to the fiduciary institution an order of appointment 6
or a certified copy of the order issued by or under the direction or supervision of the court 7
or an officer of the court; 8
(iv) The customer is deceased and a personal representative is 9
appointed or qualified by a court, and the personal representative presents to the fiduciary 10
institution letters of administration issued by or under the direction or supervision of the 11
court or an officer of the court; 12
(v) The Department of Human Services requests the financial record 13
in the course of verifying the individual’s eligibility for public assistance; 14
(VI) THE INSTITUTI ON RECEIVED A REQUES T FOR THE 15
CUSTOMER’S INFORMATION DIRECT LY FROM AN ADULT PRO TECTIVE SERVICES 16
PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES THAT , UNDER TITLE 14 17
OF THE FAMILY LAW ARTICLE, IS INVESTIGATING SUS PECTED FINANCIAL ABU SE OR 18
FINANCIAL EXPLOIT ATION OF THE CUSTOME R; 19
[(vi)] (VII) The institution received a request, notice, or subpoena for 20
information directly from the Child Support Administration of the Department of Human 21
Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly 22
through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or 23
[(vii)] (VIII) The institution received a request, notice, or subpoena for 24
information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General 25
Article; 26
(2) Shall disclose any information requested in writing by the Department 27
of Human Services relative to money held in a savings deposit, time deposit, demand 28
deposit, or any other deposit held by the fiduciary institution in the name of the individual 29
who is a recipient or applicant for public assistance; [and] 30
(3) SHALL DISCLOSE ANY IN FORMATION FROM A SPECIFIED PER IOD 31
OF TIME THAT IS REQUESTED IN WRITING BY AN ADULT PROTECTI VE SERVICES 32
PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES RELATIVE TO ANY 33
DEPOSIT ACCOUNT , LOAN, OR OTHER FINANCIAL S ERVICE PROVIDED BY T HE 34
FIDUCIARY INSTITUTIO N TO AN INDIVIDUAL W HO IS BEING INVESTIG ATED UNDER 35
TITLE 14 OF THE FAMILY LAW ARTICLE AS A SUSPECTE D VICTIM OF FINANCIA L 36
ABUSE OR FINANCIAL E XPLOITATION; AND 37
SENATE BILL 175 5
[(3)] (4) Shall disclose any information requested in writing by the 1
Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or 2
any other deposit held by the fiduciary institution in the name of an individual whose 3
property is subject to a tax lien. 4
1–306. 5
(e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary 6
institution or an officer, employee, agent, or director of a fiduciary institution may decline 7
to provide to any person information that would disclose or indicate whether a report of 8
financial exploitation or an abuse report has or has not been filed under this section. 9
(2) A fiduciary institution or an officer, employee, agent, or director of a 10
fiduciary institution may not decline to provide information requested by a person 11
identified in subsection (d)(4)(i) of this section in connection with an investigation of 12
suspected financial abuse OR FINANCIAL EXPLOIT ATION. 13
(f) Except as provided in § 1–305(c) of this subtitle, there shall be no liability on 14
the part of and no cause of action of any nature shall arise against, and there shall be 15
immunity from any civil and criminal liability that would otherwise result for, a fiduciary 16
institution or an officer, employee, agent, or director of a fiduciary institution for an action 17
or omission involved with: 18
(1) Making or participating in making a disclosure or report under this 19
section; 20
(2) Participating in an investigation or a judicial proceeding resulting from 21
a report filed under this section; or 22
(3) Declining to provide information as described in subsection (e) of this 23
section. 24
(g) Except as required under subsection (d) of this section, this section does not 25
create and may not be construed as creating, on the part of a fiduciary institution or an 26
officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure 27
to an adult protective services program or file a report of financial exploitation under this 28
section. 29
(H) NOTWITHSTANDING ANY O THER PROVISION OF LAW , AT THE REQUEST 30
OF THE FIDUCIARY INS TITUTION, AN ADULT PROTECTIVE SERVICES AGENCY OR A 31
LAW ENFORCEMENT AGEN CY MAY, AND IS ENCOURAGED TO , DISCLOSE THE STATUS 32
OR FINAL DISPOSITION OF AN INVESTIGATION OF SUSPECTED FINANCI AL ABUSE OR 33
FINANCIAL EXPLOITATION TO A FIDUCIARY INSTITUT ION THAT MADE THE RE PORT 34
OF SUSPECTED FINANCI AL ABUSE OR FINANCIA L EXPLOITATION . 35
Article – Human Services 36 6 SENATE BILL 175
1–201. 1
(a) Except as provided in subsection (b) of this section, a person may not disclose 2
any information concerning an applicant for or recipient of social services, child welfare 3
services, cash assistance, food stamps, or medical assistance that is directly or indirectly 4
derived from the records, investigations, or communications of the State, a county, or a 5
municipal corporation or a unit of the State, a county, or a municipal corporation or that is 6
acquired in the course of the performance of official duties. 7
(b) This section does not prohibit the disclosure of information: 8
(1) in accordance with a court order; [or] 9
(2) to an officer or employee of any state or local government, the United 10
States, or a fiduciary institution, if the officer or employee is entitled to the information in 11
an official capacity and the disclosure is necessary to administer: 12
(i) public assistance, medical assistance, social services, or child 13
welfare services programs; or 14
(ii) voter registration in accordance with § 3–203 of the Election Law 15
Article; OR 16
(3) TO A FIDUCIARY INSTI TUTION THAT REPORTED SUSPECTED 17
FINANCIAL ABUSE OR F INANCIAL EXPLOITATIO N, IF THE FIDUCIARY INS TITUTION IS 18
AUTHORIZED TO REQUES T THE INFORMATION UN DER § 1–306(H) OF THE FINANCIAL 19
INSTITUTIONS ARTICLE. 20
(c) A person who violates this section is guilty of a misdemeanor and on conviction 21
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2022. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.