Financial institutions; Financial Privacy Act; permitting disclosure or release of information for investigations of financial exploitation of protected adults. Effective date.
What changed between versions
The definition of 'financial exploitation' was updated to include specific methods such as intimidation, coercion, harassment, duress, and false pretenses, whereas the House version only mentioned deception and undue influence.
A new requirement was added allowing financial institutions to notify a trusted third party about suspected exploitation, provided the institution does not suspect that third party of being the exploiter.
The Senate version explicitly authorizes institutions to report suspected exploitation to additional agencies like the Attorney General, FTC, and law enforcement, beyond just the Department of Human Services.
The Senate version clarifies that a separate report for abuse, neglect, or exploitation is not required if the financial institution has already reported the specific conduct as financial exploitation.
The term 'vulnerable adult' was adopted from existing state law (Title 43A), potentially broadening the group of people covered compared to the House version's specific age and incapacity criteria.