LAWRENCE J. HOGAN, JR., Governor Ch. 227
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Chapter 227
(Senate Bill 175)
AN ACT concerning
Fiduciary Institutions – Investigation of Financial Abuse and Financial
Exploitation – Records Disclosure
FOR the purpose of requiring a fiduciary institution to disclose certain financial records to
an adult protective services program that is investigating suspected financial abuse
or financial exploitation; authorizing an adult protective services agency or a law
enforcement agency to share certain information with a fiduciary institution that
made a report of suspected financial abuse or financial exploitation; and generally
relating to investigations of financial abuse and financial exploitation.
BY repealing and reenacting, with amendments,
Article – Family Law
Section 14–303 and 14–309
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Financial Institutions
Section 1–302 and 1–306(e)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Financial Institutions
Section 1–306(f) and (g)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY adding to
Article – Financial Institutions
Section 1–306(h)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Human Services
Section 1–201
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
Ch. 227 2022 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Family Law
14–303.
(a) To protect the welfare of the alleged vulnerable adult the local department
shall begin a thorough investigation:
(1) within 5 working days after the receipt of the report of suspected abuse,
neglect, self–neglect, or exploitation; or
(2) within 24 hours after the receipt of the report of suspected abuse,
neglect, self–neglect, or exploitation if the report indicates that an emergency exists.
(b) The investigation shall include:
(1) a determination of whether:
(i) the individual is a vulnerable adult; and
(ii) there has been abuse, neglect, self–neglect, or exploitation; and
(2) if the individual is determined to be a vulnerable adult and to have
suffered abuse, neglect, self–neglect, or exploitation:
(i) a determination of the nature, extent, and cause of the abuse,
neglect, self–neglect, or exploitation;
(ii) a determination of the identity of the person or persons
responsible for the abuse, neglect, self–neglect, or exploitation;
(iii) an evaluation of the home environment; and
(iv) a determination of any other pertinent facts.
(c) (1) On request by the local department, the local State’s Attorney or the
appropriate law enforcement agency shall assist in the investigation.
(2) As appropriate, the local office on aging or the Department of Aging,
local geriatric evaluation service, or any other public or private agency, INCLUDING A
FIDUCIARY INSTITUTIO N, providing services or care to the alleged vulnerable adult or
whose information or expertise may be of assistance in assessing risk or planning services
may assist in the investigation on the request by the local department.
LAWRENCE J. HOGAN, JR., Governor Ch. 227
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(3) Any agencies set out in this subsection may jointly agree to cooperative
arrangements for investigation.
(d) An investigation under this section shall be completed within:
(1) 60 days; or
(2) 10 days if the report indicates that an emergency exists.
(e) Parties participating in an investigation may share pertinent client
information relevant to the investigation.
14–309.
Any person, INCLUDING A FIDUCIAR Y INSTITUTION, who makes or participates in
making a report under this subtitle or participates in an investigation or a judicial
proceeding resulting from a report under this subtitle shall have the immunity from
liability described under § 5–622 of the Courts and Judicial Proceedings Article.
Article – Financial Institutions
1–302.
Except as otherwise expressly provided in this subtitle, a fiduciary institution, its
officers, employees, agents, and directors:
(1) May not disclose to any person any financial record relating to a
customer of the institution unless:
(i) The customer has authorized the disclosure to that person;
(ii) Proceedings have been instituted for appointment of a guardian
of the property or of the person of the customer, and court–appointed counsel presents to
the fiduciary institution an order of appointment or a certified copy of the order issued by
or under the direction or supervision of the court or an officer of the court;
(iii) The customer is disabled and a guardian is appointed or qualified
by a court, and the guardian presents to the fiduciary institution an order of appointment
or a certified copy of the order issued by or under the direction or supervision of the court
or an officer of the court;
(iv) The customer is deceased and a personal representative is
appointed or qualified by a court, and the personal representative presents to the fiduciary
institution letters of administration issued by or under the direction or supervision of the
court or an officer of the court;
Ch. 227 2022 LAWS OF MARYLAND
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(v) The Department of Human Services requests the financial record
in the course of verifying the individual’s eligibility for public assistance;
(VI) THE INSTITUTION RECEI VED A REQUEST FOR TH E
CUSTOMER’S INFORMATION DIRECT LY FROM AN ADULT PROTECTI VE SERVICES
PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES THAT , UNDER TITLE 14
OF THE FAMILY LAW ARTICLE, IS INVESTIGATING SUS PECTED FINANCIAL ABU SE OR
FINANCIAL EXPLOITATI ON OF THE CUSTOMER ;
[(vi)] (VII) The institution received a request, notice, or subpoena for
information directly from the Child Support Administration of the Department of Human
Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly
through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or
[(vii)] (VIII) The institution received a request, notice, or subpoena for
information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General
Article;
(2) Shall disclose any information requested in writing by the Department
of Human Services relative to money held in a savings deposit, time deposit, demand
deposit, or any other deposit held by the fiduciary institution in the name of the individual
who is a recipient or applicant for public assistance; [and]
(3) SHALL DISCLOSE ANY IN FORMATION FROM A SPECIFIED PER IOD
OF TIME THAT IS REQUESTED IN WRITING BY AN ADULT PROTECTI VE SERVICES
PROGRAM IN A LOCAL D EPARTMENT OF SOCIAL SERVICES RELATIVE TO ANY
DEPOSIT ACCOUNT , LOAN, OR OTHER FINANCIAL S ERVICE PROVIDED BY T HE
FIDUCIARY INSTITUTIO N TO AN INDIVIDUAL W HO IS BEING INVESTIG ATED UNDER
TITLE 14 OF THE FAMILY LAW ARTICLE AS A SUSPECTE D VICTIM OF FINANCIA L
ABUSE OR FINANCIAL E XPLOITATION; AND
[(3)] (4) Shall disclose any information requested in writing by the
Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or
any other deposit held by the fiduciary institution in the name of an individual whose
property is subject to a tax lien.
1–306.
(e) (1) Except as provided in paragraph (2) of this subsection, a fiduciary
institution or an officer, employee, agent, or director of a fiduciary institution may decline
to provide to any person information that would disclose or indicate whether a report of
financial exploitation or an abuse report has or has not been filed under this section.
(2) A fiduciary institution or an officer, employee, agent, or director of a
fiduciary institution may not decline to provide information requested by a person LAWRENCE J. HOGAN, JR., Governor Ch. 227
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identified in subsection (d)(4)(i) of this section in connection with an investigation of
suspected financial abuse OR FINANCIAL EXPLOIT ATION.
(f) Except as provided in § 1–305(c) of this subtitle, there shall be no liability on
the part of and no cause of action of any nature shall arise against, and there shall be
immunity from any civil and criminal liability that would otherwise result for, a fiduciary
institution or an officer, employee, agent, or director of a fiduciary institution for an action
or omission involved with:
(1) Making or participating in making a disclosure or report under this
section;
(2) Participating in an investigation or a judicial proceeding resulting from
a report filed under this section; or
(3) Declining to provide information as described in subsection (e) of this
section.
(g) Except as required under subsection (d) of this section, this section does not
create and may not be construed as creating, on the part of a fiduciary institution or an
officer, employee, agent, or director of a fiduciary institution, a duty to make a disclosure
to an adult protective services program or file a report of financial exploitation under this
section.
(H) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AT THE REQUEST
OF THE FIDUCIARY INS TITUTION, AN ADULT PROTECTIVE SER VICES AGENCY OR A
LAW ENFORCEMENT AGEN CY MAY, AND IS ENCOURAGED TO , DISCLOSE THE STATUS
OR FINAL DISPOSITION OF AN INVESTIGATION OF SUSPECTED FINANCI AL ABUSE OR
FINANCIAL EXPLOITATI ON TO A FIDUCIARY IN STITUTION THAT MADE THE REPORT
OF SUSPECTED FINANCIAL ABUSE OR FINANCIAL E XPLOITATION.
Article – Human Services
1–201.
(a) Except as provided in subsection (b) of this section, a person may not disclose
any information concerning an applicant for or recipient of social services, child welfare
services, cash assistance, food stamps, or medical assistance that is directly or indirectly
derived from the records, investigations, or communications of the State, a county, or a
municipal corporation or a unit of the State, a county, or a municipal corporation or that is
acquired in the course of the performance of official duties.
(b) This section does not prohibit the disclosure of information:
(1) in accordance with a court order; [or]
Ch. 227 2022 LAWS OF MARYLAND
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(2) to an officer or employee of any state or local government, the United
States, or a fiduciary institution, if the officer or employee is entitled to the information in
an official capacity and the disclosure is necessary to administer:
(i) public assistance, medical assistance, social services, or child
welfare services programs; or
(ii) voter registration in accordance with § 3–203 of the Election Law
Article; OR
(3) TO A FIDUCIARY INSTI TUTION THAT REPORTED SUSPECTED
FINANCIAL ABUSE OR F INANCIAL EXPLOITATIO N, IF THE FIDUCIARY INS TITUTION IS
AUTHORIZED TO REQUES T THE INFORMATION UN DER § 1–306(H) OF THE FINANCIAL
INSTITUTIONS ARTICLE.
(c) A person who violates this section is guilty of a misdemeanor and on conviction
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.