Maryland 2022 Regular Session

Maryland Senate Bill SB175 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 227
2	1
3		-	– 1 –
4		-	Chapter 227
5		-	(Senate Bill 175)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	sb0175
8	9
9		-	Fiduciary Institutions – Investigation of Financial Abuse and Financial
10		-	Exploitation – Records Disclosure
	10	+	SENATE BILL 175
	11	+	O1, O2 2lr0050
	12	+	(PRE–FILED)
	13	+	By: Chair, Finance Committee (By Request – Departmental – Human Services)
	14	+	Requested: October 5, 2021
	15	+	Introduced and read first time: January 12, 2022
	16	+	Assigned to: Finance
	17	+	Committee Report: Favorable with amendments
	18	+	Senate action: Adopted
	19	+	Read second time: February 1, 2022
11	20
12		-	FOR the purpose of requiring a fiduciary institution to disclose certain financial records to
13		-	an adult protective services program that is investigating suspected financial abuse
14		-	or financial exploitation; authorizing an adult protective services agency or a law
15		-	enforcement agency to share certain information with a fiduciary institution that
16		-	made a report of suspected financial abuse or financial exploitation; and generally
17		-	relating to investigations of financial abuse and financial exploitation.
	21	+	CHAPTER ______
18	22
19		-	BY repealing and reenacting, with amendments,
20		-	Article – Family Law
21		-	Section 14–303 and 14–309
22		-	Annotated Code of Maryland
23		-	(2019 Replacement Volume and 2021 Supplement)
	23	+	AN ACT concerning 1
24	24
25		-	BY repealing and reenacting, with amendments,
26		-	Article – Financial Institutions
27		-	Section 1–302 and 1–306(e)
28		-	Annotated Code of Maryland
29		-	(2021 Replacement Volume and 2021 Supplement)
	25	+	Fiduciary Institutions – Investigation of Financial Abuse and Financial 2
	26	+	Exploitation – Records Disclosure 3
30	27
31		-	BY repealing and reenacting, without amendments,
32		-	Article – Financial Institutions
33		-	Section 1–306(f) and (g)
34		-	Annotated Code of Maryland
35		-	(2021 Replacement Volume and 2021 Supplement)
	28	+	FOR the purpose of requiring a fiduciary institution to disclose certain financial records to 4
	29	+	an adult protective services program that is investigating suspected financial abuse 5
	30	+	or financial exploitation; authorizing an adult protective services agency or a law 6
	31	+	enforcement agency to share certain information with a fiduciary institution that 7
	32	+	made a report of suspected financial abuse or financial exploitation; and generally 8
	33	+	relating to investigations of financial abuse and financial exploitation. 9
36	34
37		-	BY ~~adding to~~
38		-	Article – ~~Financial Institutions~~
39		-	Section 1–~~306(h)~~
40		-	Annotated Code of Maryland
41		-	(~~2021~~ Replacement Volume and 2021 Supplement)
	35	+	BY repealing and reenacting, with amendments, 10
	36	+	Article – Family Law 11
	37	+	Section 14–303 and 14–309 12
	38	+	Annotated Code of Maryland 13
	39	+	(2019 Replacement Volume and 2021 Supplement) 14
42	40
43		-	BY repealing and reenacting, with amendments,
44		-	Article – Human Services
45		-	Section 1–201
46		-	Annotated Code of Maryland
47		-	(2019 Replacement Volume and 2021 Supplement)
48		-	Ch. 227 2022 LAWS OF MARYLAND
	41	+	BY repealing and reenacting, with amendments, 15
	42	+	Article – Financial Institutions 16
	43	+	Section 1–302 and 1–306(e) 17
	44	+	Annotated Code of Maryland 18
	45	+	(2021 Replacement Volume and 2021 Supplement) 19
49	46
50		-	– 2 –
51		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
52		-	That the Laws of Maryland read as follows:
	47	+	BY repealing and reenacting, without amendments, 20
	48	+	Article – Financial Institutions 21 2 SENATE BILL 175
53	49
54		-	Article – Family Law
55	50
56		-	14–303.
	51	+	Section 1–306(f) and (g) 1
	52	+	Annotated Code of Maryland 2
	53	+	(2021 Replacement Volume and 2021 Supplement) 3
57	54
58		-	(a) To protect the welfare of the alleged vulnerable adult the local department
59		-	shall begin a thorough investigation:
	55	+	BY adding to 4
	56	+	Article – Financial Institutions 5
	57	+	Section 1–306(h) 6
	58	+	Annotated Code of Maryland 7
	59	+	(2021 Replacement Volume and 2021 Supplement) 8
60	60
61		-	(1) within 5 working days after the receipt of the report of suspected abuse,
62		-	neglect, self–neglect, or exploitation; or
	61	+	BY repealing and reenacting, with amendments, 9
	62	+	Article – Human Services 10
	63	+	Section 1–201 11
	64	+	Annotated Code of Maryland 12
	65	+	(2019 Replacement Volume and 2021 Supplement) 13
63	66
64		-	~~(2) within 24 hours after~~ the ~~receipt~~ of ~~the report of suspected abuse~~,
65		-	~~neglect, self–neglect, or exploitation if~~ the ~~report indicates that an emergency exists.~~
	67	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
	68	+	That the Laws of Maryland read as follows: 15
66	69
67		-	~~(b) The investigation shall include:~~
	70	+	Article – Family Law 16
68	71
69		-	~~(1) a determination of whether:~~
	72	+	14–303. 17
70	73
71		-	(i) the individual is a vulnerable adult; and
	74	+	(a) To protect the welfare of the alleged vulnerable adult the local department 18
	75	+	shall begin a thorough investigation: 19
72	76
73		-	(ii) there has been abuse, neglect, self–neglect, or exploitation; and
	77	+	(1) within 5 working days after the receipt of the report of suspected abuse, 20
	78	+	neglect, self–neglect, or exploitation; or 21
74	79
75		-	(2) if the ~~individual is determined to be a vulnerable adult and to have~~
76		-	~~suffered abuse,~~ neglect, self–neglect, or exploitation:
	80	+	(2) within 24 hours after the receipt of the report of suspected abuse, 22
	81	+	neglect, self–neglect, or exploitation if the report indicates that an emergency exists. 23
77	82
78		-	(i) a determination of the nature, extent, and cause of the abuse,
79		-	neglect, self–neglect, or exploitation;
	83	+	(b) The investigation shall include: 24
80	84
81		-	(ii) a determination of the identity of the person or persons
82		-	responsible for the abuse, neglect, self–neglect, or exploitation;
	85	+	(1) a determination of whether: 25
83	86
84		-	(~~iii~~) ~~an evaluation of~~ the ~~home environment~~; and
	87	+	(i) the individual is a vulnerable adult; and 26
85	88
86		-	(iv) ~~a determination of any other pertinent facts.~~
	89	+	(ii) there has been abuse, neglect, self–neglect, or exploitation; and 27
87	90
88		-	(c) ~~(1) On request by~~ the ~~local department,~~ ~~the local State’s Attorney or the~~
89		-	~~appropriate law enforcement agency shall assist in the investigation.~~
	91	+	(2) if the individual is determined to be a vulnerable adult and to have 28
	92	+	suffered abuse, neglect, self–neglect, or exploitation: 29
90	93
91		-	(2) As appropriate, the local office on aging or the Department of Aging,
92		-	local geriatric evaluation service, or any other public or private agency, INCLUDING A
93		-	FIDUCIARY INSTITUTIO N, providing services or care to the alleged vulnerable adult or
94		-	whose information or expertise may be of assistance in assessing risk or planning services
95		-	may assist in the investigation on the request by the local department.
96		-	LAWRENCE J. HOGAN, JR., Governor Ch. 227
	94	+	(i) a determination of the nature, extent, and cause of the abuse, 30
	95	+	neglect, self–neglect, or exploitation; 31
	96	+	SENATE BILL 175 3
97	97
98		-	– 3 –
99		-	(3) Any agencies set out in this subsection may jointly agree to cooperative
100		-	arrangements for investigation.
101	98
102		-	(d) An investigation under this section shall be completed within:
	99	+	(ii) a determination of the identity of the person or persons 1
	100	+	responsible for the abuse, neglect, self–neglect, or exploitation; 2
103	101
104		-	(1) ~~60 days~~; or
	102	+	(iii) an evaluation of the home environment; and 3
105	103
106		-	(2) ~~10 days if the report indicates that an emergency exists~~.
	104	+	(iv) a determination of any other pertinent facts. 4
107	105
108		-	(e) ~~Parties participating in an investigation may share pertinent client~~
109		-	~~information relevant to~~ the investigation.
	106	+	(c) (1) On request by the local department, the local State’s Attorney or the 5
	107	+	appropriate law enforcement agency shall assist in the investigation. 6
110	108
111		-	14–309.
	109	+	(2) As appropriate, the local office on aging or the Department of Aging, 7
	110	+	local geriatric evaluation service, or any other public or private agency, INCLUDING A 8
	111	+	FIDUCIARY INSTITUTIO N, providing services or care to the alleged vulnerable adult or 9
	112	+	whose information or expertise may be of assistance in assessing risk or planning services 10
	113	+	may assist in the investigation on the request by the local department. 11
112	114
113		-	Any person, INCLUDING A FIDUCIAR Y INSTITUTION, who makes or participates in
114		-	making a report under this subtitle or participates in an investigation or a judicial
115		-	proceeding resulting from a report under this subtitle shall have the immunity from
116		-	liability described under § 5–622 of the Courts and Judicial Proceedings Article.
	115	+	(3) Any agencies set out in this subsection may jointly agree to cooperative 12
	116	+	arrangements for investigation. 13
117	117
118		-	~~Article – Financial Institutions~~
	118	+	(d) An investigation under this section shall be completed within: 14
119	119
120		-	1~~–302.~~
	120	+	(1) 60 days; or 15
121	121
122		-	Except as otherwise expressly provided in this subtitle, a fiduciary institution, its
123		-	officers, employees, agents, and directors:
	122	+	(2) 10 days if the report indicates that an emergency exists. 16
124	123
125		-	(1) May ~~not disclose to any person any financial record relating to a~~
126		-	~~customer of~~ the ~~institution unless:~~
	124	+	(e) Parties participating in an investigation may share pertinent client 17
	125	+	information relevant to the investigation. 18
127	126
128		-	~~(i) The customer has authorized the disclosure to that person;~~
	127	+	14–309. 19
129	128
130		-	~~(ii) Proceedings have been instituted for appointment of~~ a ~~guardian~~
131		-	~~of the property~~ or ~~of the person of the customer,~~ ~~and court–appointed counsel presents to~~
132		-	~~the fiduciary institution an order of appointment or~~ a ~~certified copy of~~ the ~~order issued by~~
133		-	or under ~~the direction or supervision~~ of the ~~court or an officer of the court;~~
	129	+	Any person, INCLUDING A FIDUCIAR Y INSTITUTION, who makes or participates in 20
	130	+	making a report under this subtitle or participates in an investigation or a judicial 21
	131	+	proceeding resulting from a report under this subtitle shall have the immunity from 22
	132	+	liability described under § 5–622 of the Courts and Judicial Proceedings Article. 23
134	133
135		-	(iii) The customer is disabled and a guardian is appointed or qualified
136		-	by a court, and the guardian presents to the fiduciary institution an order of appointment
137		-	or a certified copy of the order issued by or under the direction or supervision of the court
138		-	or an officer of the court;
	134	+	Article – Financial Institutions 24
139	135
140		-	(iv) The customer is deceased and a personal representative is
141		-	appointed or qualified by a court, and the personal representative presents to the fiduciary
142		-	institution letters of administration issued by or under the direction or supervision of the
143		-	court or an officer of the court;
144		-	Ch. 227 2022 LAWS OF MARYLAND
	136	+	1–302. 25
145	137
146		-	– 4 –
147		-	(v) The Department of Human Services requests the financial record
148		-	in the course of verifying the individual’s eligibility for public assistance;
	138	+	Except as otherwise expressly provided in this subtitle, a fiduciary institution, its 26
	139	+	officers, employees, agents, and directors: 27
149	140
150		-	(VI) THE INSTITUTION RECEI VED A REQUEST FOR TH E
151		-	CUSTOMER’S INFORMATION DIRECT LY FROM AN ADULT PROTECTI VE SERVICES
152		-	PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES THAT , UNDER TITLE 14
153		-	OF THE FAMILY LAW ARTICLE, IS INVESTIGATING SUS PECTED FINANCIAL ABU SE OR
154		-	FINANCIAL EXPLOITATI ON OF THE CUSTOMER ;
	141	+	(1) May not disclose to any person any financial record relating to a 28
	142	+	customer of the institution unless: 29
155	143
156		-	[(vi)] (VII) The institution received a request, notice, or subpoena for
157		-	information directly from the Child Support Administration of the Department of Human
158		-	Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly
159		-	through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or
	144	+	(i) The customer has authorized the disclosure to that person; 30
	145	+	4 SENATE BILL 175
160	146
161		-	[(vii)] (VIII) The institution received a request, notice, or subpoena for
162		-	information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General
163		-	Article;
164	147
165		-	(2) ~~Shall disclose any information requested in writing by the Department~~
166		-	of ~~Human Services relative~~ to ~~money held in a savings deposit, time deposit, demand~~
167		-	~~deposit, or any other deposit held by~~ the fiduciary institution ~~in the name~~ of the ~~individual~~
168		-	~~who is a recipient~~ or ~~applicant for public assistance~~; ~~[and]~~
	148	+	(ii) Proceedings have been instituted for appointment of a guardian 1
	149	+	of the property or of the person of the customer, and court–appointed counsel presents to 2
	150	+	the fiduciary institution an order of appointment or a certified copy of the order issued by 3
	151	+	or under the direction or supervision of the court or an officer of the court; 4
169	152
170		-	(3) SHALL DISCLOSE ANY IN FORMATION FROM A SPECIFIED PER IOD
171		-	OF TIME THAT IS REQUESTED IN WRITING BY AN ADULT PROTECTI VE SERVICES
172		-	PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES RELATIVE TO ANY
173		-	DEPOSIT ACCOUNT , LOAN, OR OTHER FINANCIAL S ERVICE PROVIDED BY T HE
174		-	FIDUCIARY INSTITUTIO N TO AN INDIVIDUAL W HO IS BEING INVESTIG ATED UNDER
175		-	TITLE 14 OF THE FAMILY LAW ARTICLE AS A SUSPECTE D VICTIM OF FINANCIA L
176		-	ABUSE OR FINANCIAL E XPLOITATION; AND
	153	+	(iii) The customer is disabled and a guardian is appointed or qualified 5
	154	+	by a court, and the guardian presents to the fiduciary institution an order of appointment 6
	155	+	or a certified copy of the order issued by or under the direction or supervision of the court 7
	156	+	or an officer of the court; 8
177	157
178		-	~~[(3)]~~ (4) ~~Shall disclose any information requested in writing by~~ the
179		-	~~Comptroller relative~~ to ~~money held in a savings deposit, time deposit, demand deposit, or~~
180		-	~~any other deposit held~~ by ~~the fiduciary institution in~~ the ~~name~~ of ~~an individual whose~~
181		-	~~property is subject to a tax lien.~~
	158	+	(iv) The customer is deceased and a personal representative is 9
	159	+	appointed or qualified by a court, and the personal representative presents to the fiduciary 10
	160	+	institution letters of administration issued by or under the direction or supervision of the 11
	161	+	court or an officer of the court; 12
182	162
183		-	1–306.
	163	+	(v) The Department of Human Services requests the financial record 13
	164	+	in the course of verifying the individual’s eligibility for public assistance; 14
184	165
185		-	(e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary
186		-	institution or an officer, employee, agent, or director of a fiduciary institution may decline
187		-	to provide to any person information that would disclose or indicate whether a report of
188		-	financial exploitation or an abuse report has or has not been filed under this section.
	166	+	(VI) THE INSTITUTI ON RECEIVED A REQUES T FOR THE 15
	167	+	CUSTOMER’S INFORMATION DIRECT LY FROM AN ADULT PRO TECTIVE SERVICES 16
	168	+	PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES THAT , UNDER TITLE 14 17
	169	+	OF THE FAMILY LAW ARTICLE, IS INVESTIGATING SUS PECTED FINANCIAL ABU SE OR 18
	170	+	FINANCIAL EXPLOIT ATION OF THE CUSTOME R; 19
189	171
190		-	(2) A fiduciary institution or an officer, employee, agent, or director of a
191		-	fiduciary institution may not decline to provide information requested by a person LAWRENCE J. HOGAN, JR., Governor Ch. 227
	172	+	[(vi)] (VII) The institution received a request, notice, or subpoena for 20
	173	+	information directly from the Child Support Administration of the Department of Human 21
	174	+	Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly 22
	175	+	through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or 23
192	176
193		-	~~– 5 –~~
194		-	~~identified in subsection (d)(4)(i)~~ of ~~this section in connection with an investigation of~~
195		-	~~suspected financial abuse OR FINANCIAL EXPLOIT ATION.~~
	177	+	[(vii)] (VIII) The institution received a request, notice, or subpoena for 24
	178	+	information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General 25
	179	+	Article; 26
196	180
197		-	(f) Except as provided in § 1–305(c) of this subtitle, there shall be no liability on
198		-	the part of and no cause of action of any nature shall arise against, and there shall be
199		-	immunity from any civil and criminal liability that would otherwise result for, a fiduciary
200		-	institution or an officer, employee, agent, or director of a fiduciary institution for an action
201		-	or omission involved with:
	181	+	(2) Shall disclose any information requested in writing by the Department 27
	182	+	of Human Services relative to money held in a savings deposit, time deposit, demand 28
	183	+	deposit, or any other deposit held by the fiduciary institution in the name of the individual 29
	184	+	who is a recipient or applicant for public assistance; [and] 30
202	185
203		-	(1) Making or participating in making a disclosure or report under this
204		-	section;
	186	+	(3) SHALL DISCLOSE ANY IN FORMATION FROM A SPECIFIED PER IOD 31
	187	+	OF TIME THAT IS REQUESTED IN WRITING BY AN ADULT PROTECTI VE SERVICES 32
	188	+	PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES RELATIVE TO ANY 33
	189	+	DEPOSIT ACCOUNT , LOAN, OR OTHER FINANCIAL S ERVICE PROVIDED BY T HE 34
	190	+	FIDUCIARY INSTITUTIO N TO AN INDIVIDUAL W HO IS BEING INVESTIG ATED UNDER 35
	191	+	TITLE 14 OF THE FAMILY LAW ARTICLE AS A SUSPECTE D VICTIM OF FINANCIA L 36
	192	+	ABUSE OR FINANCIAL E XPLOITATION; AND 37
	193	+	SENATE BILL 175 5
205	194
206		-	(2) Participating in an investigation or a judicial proceeding resulting from
207		-	a report filed under this section; or
208	195
209		-	(3) Declining to provide information as described in subsection (e) of this
210		-	section.
	196	+	[(3)] (4) Shall disclose any information requested in writing by the 1
	197	+	Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or 2
	198	+	any other deposit held by the fiduciary institution in the name of an individual whose 3
	199	+	property is subject to a tax lien. 4
211	200
212		-	(g) Except as required under subsection (d) of this section, this section does not
213		-	create and may not be construed as creating, on the part of a fiduciary institution or an
214		-	officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure
215		-	to an adult protective services program or file a report of financial exploitation under this
216		-	section.
	201	+	1–306. 5
217	202
218		-	(H) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AT THE REQUEST
219		-	OF THE FIDUCIARY INS TITUTION, AN ADULT PROTECTIVE SER VICES AGENCY OR A
220		-	LAW ENFORCEMENT AGEN CY MAY, AND IS ENCOURAGED TO , DISCLOSE THE STATUS
221		-	OR FINAL DISPOSITION OF AN INVESTIGATION OF SUSPECTED FINANCI AL ABUSE OR
222		-	FINANCIAL EXPLOITATI ON TO A FIDUCIARY IN STITUTION THAT MADE THE REPORT
223		-	OF SUSPECTED FINANCIAL ABUSE OR FINANCIAL E XPLOITATION.
	203	+	(e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary 6
	204	+	institution or an officer, employee, agent, or director of a fiduciary institution may decline 7
	205	+	to provide to any person information that would disclose or indicate whether a report of 8
	206	+	financial exploitation or an abuse report has or has not been filed under this section. 9
224	207
225		-	Article – Human Services
	208	+	(2) A fiduciary institution or an officer, employee, agent, or director of a 10
	209	+	fiduciary institution may not decline to provide information requested by a person 11
	210	+	identified in subsection (d)(4)(i) of this section in connection with an investigation of 12
	211	+	suspected financial abuse OR FINANCIAL EXPLOIT ATION. 13
226	212
227		-	1–201.
	213	+	(f) Except as provided in § 1–305(c) of this subtitle, there shall be no liability on 14
	214	+	the part of and no cause of action of any nature shall arise against, and there shall be 15
	215	+	immunity from any civil and criminal liability that would otherwise result for, a fiduciary 16
	216	+	institution or an officer, employee, agent, or director of a fiduciary institution for an action 17
	217	+	or omission involved with: 18
228	218
229		-	(a) Except as provided in subsection (b) of this section, a person may not disclose
230		-	any information concerning an applicant for or recipient of social services, child welfare
231		-	services, cash assistance, food stamps, or medical assistance that is directly or indirectly
232		-	derived from the records, investigations, or communications of the State, a county, or a
233		-	municipal corporation or a unit of the State, a county, or a municipal corporation or that is
234		-	acquired in the course of the performance of official duties.
	219	+	(1) Making or participating in making a disclosure or report under this 19
	220	+	section; 20
235	221
236		-	(b) This section does not prohibit the disclosure of information:
	222	+	(2) Participating in an investigation or a judicial proceeding resulting from 21
	223	+	a report filed under this section; or 22
237	224
238		-	(1) in ~~accordance with a court order;~~ ~~[or]~~
239		-	Ch. ~~227 2022 LAWS OF MARYLAND~~
	225	+	(3) Declining to provide information as described in subsection (e) of this 23
	226	+	section. 24
240	227
241		-	– 6 –
242		-	(2) to an officer or employee of any state or local government, the United
243		-	States, or a fiduciary institution, if the officer or employee is entitled to the information in
244		-	an official capacity and the disclosure is necessary to administer:
	228	+	(g) Except as required under subsection (d) of this section, this section does not 25
	229	+	create and may not be construed as creating, on the part of a fiduciary institution or an 26
	230	+	officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure 27
	231	+	to an adult protective services program or file a report of financial exploitation under this 28
	232	+	section. 29
245	233
246		-	(i) public assistance, medical assistance, social services, or child
247		-	welfare services programs; or
	234	+	(H) NOTWITHSTANDING ANY O THER PROVISION OF LAW , AT THE REQUEST 30
	235	+	OF THE FIDUCIARY INS TITUTION, AN ADULT PROTECTIVE SERVICES AGENCY OR A 31
	236	+	LAW ENFORCEMENT AGEN CY MAY, AND IS ENCOURAGED TO , DISCLOSE THE STATUS 32
	237	+	OR FINAL DISPOSITION OF AN INVESTIGATION OF SUSPECTED FINANCI AL ABUSE OR 33
	238	+	FINANCIAL EXPLOITATION TO A FIDUCIARY INSTITUT ION THAT MADE THE RE PORT 34
	239	+	OF SUSPECTED FINANCI AL ABUSE OR FINANCIA L EXPLOITATION . 35
248	240
249		-	(ii) voter registration in accordance with § 3–203 of the Election Law
250		-	Article; OR
	241	+	Article – Human Services 36 6 SENATE BILL 175
251	242
252		-	(3) TO A FIDUCIARY INSTI TUTION THAT REPORTED SUSPECTED
253		-	FINANCIAL ABUSE OR F INANCIAL EXPLOITATIO N, IF THE FIDUCIARY INS TITUTION IS
254		-	AUTHORIZED TO REQUES T THE INFORMATION UN DER § 1–306(H) OF THE FINANCIAL
255		-	INSTITUTIONS ARTICLE.
256	243
257		-	(c) A person who violates this section is guilty of a misdemeanor and on conviction
258		-	is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
259	244
260		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
261		-	October 1, 2022.
	245	+	1–201. 1
262	246
263		-	Approved by the Governor, April 21, 2022.
	247	+	(a) Except as provided in subsection (b) of this section, a person may not disclose 2
	248	+	any information concerning an applicant for or recipient of social services, child welfare 3
	249	+	services, cash assistance, food stamps, or medical assistance that is directly or indirectly 4
	250	+	derived from the records, investigations, or communications of the State, a county, or a 5
	251	+	municipal corporation or a unit of the State, a county, or a municipal corporation or that is 6
	252	+	acquired in the course of the performance of official duties. 7
	253	+
	254	+	(b) This section does not prohibit the disclosure of information: 8
	255	+
	256	+	(1) in accordance with a court order; [or] 9
	257	+
	258	+	(2) to an officer or employee of any state or local government, the United 10
	259	+	States, or a fiduciary institution, if the officer or employee is entitled to the information in 11
	260	+	an official capacity and the disclosure is necessary to administer: 12
	261	+
	262	+	(i) public assistance, medical assistance, social services, or child 13
	263	+	welfare services programs; or 14
	264	+
	265	+	(ii) voter registration in accordance with § 3–203 of the Election Law 15
	266	+	Article; OR 16
	267	+
	268	+	(3) TO A FIDUCIARY INSTI TUTION THAT REPORTED SUSPECTED 17
	269	+	FINANCIAL ABUSE OR F INANCIAL EXPLOITATIO N, IF THE FIDUCIARY INS TITUTION IS 18
	270	+	AUTHORIZED TO REQUES T THE INFORMATION UN DER § 1–306(H) OF THE FINANCIAL 19
	271	+	INSTITUTIONS ARTICLE. 20
	272	+
	273	+	(c) A person who violates this section is guilty of a misdemeanor and on conviction 21
	274	+	is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 22
	275	+
	276	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
	277	+	October 1, 2022. 24
	278	+
	279	+
	280	+
	281	+
	282	+	Approved:
	283	+	________________________________________________________________________________
	284	+	Governor.
	285	+	________________________________________________________________________________
	286	+	President of the Senate.
	287	+	________________________________________________________________________________
	288	+	Speaker of the House of Delegates.