Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
Click the state on the interactive map below or use the drop-down list
N.H. Rev. Stat. Ann. §§ 161-F:1(I).
N.H. Rev. Stat. Ann. § 161-F:43(VII).
N.H. Rev. Stat. Ann. 421-B:5-507-A(1)(A), (1)(C), (2)(A)-(B), (3), (5), (6), (7).
N.H. Rev. Stat. Ann. § 161-F:47.
N.H. Rev. Stat. Ann. § 383-A:5-511-a(II)-(VII).
(Mandated? Permissive?)
Any person. (Mandated)
Any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. (Permissive)
Financial institution or Qualified individual of the financial institution. (Permissive)
(Y/N)
Yes, a broker-dealer or investment advisor may delay. N.H. Rev. Stat. Ann. 421-B:5-507-A(4).
No delay of a disbursement shall continue past the earlier of: (A) The time required by the broker-dealer or investment adviser to make a determination that the disbursement will not result in financial exploitation of the eligible adult; or (B) Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless the secretary of state requests that the broker-dealer or investment adviser extend the delay. Upon such a request, the disbursement shall be delayed no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless sooner terminated by the secretary of state or an order of a court of competent jurisdiction. (6) A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief upon the petition of the secretary of state, the broker-dealer or investment adviser that initiated the delay under RSA 421-B:5-507-A, (4), or other interested party. N.H. Rev. Stat. Ann. 421-B:5-507-A(5)-(6).
A financial institution may delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if the financial institution or qualified individual of the financial institution, reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult, and the financial institution or qualified individual: (a) Provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account not more than 2 business days after the requested disbursement, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult; (b) Provides notification of such delay to the department of health and human services with a copy of such notice to the commissioner, not more than 2 business days after the requested disbursement; and (c) Continues its internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and reports the investigation’s results to the commissioner within 7 business days after the day the financial institution or qualified individual first delayed disbursement of the funds. V. No delay of a disbursement shall continue past the earlier of either: (a) The time required by the financial institution or qualified individual to make a determination that the disbursement will not result in financial exploitation of the eligible adult; or (b) Fifteen business days after the date on which the financial institution or qualified individual first delayed disbursement of the funds. VI. A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief upon the petition of the financial institution, or the qualified individual that initiated the delay under RSA 383-A:5-511-a, IV, or other interested party. N.H. Rev. Stat. Ann. § 383-A:5-511-a II – IV.
Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, suspecting or believing in good faith that any adult who is or who was suspected to be vulnerable, at the time of the incident, has been subjected to abuse, neglect, self-neglect, or exploitation or is living in hazardous conditions shall report or cause a report to be made. N.H. Rev. Stat. Ann. § 161-F:46.
If a financial institution or qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the financial institution or qualified individual may promptly notify: (a) The commissioner, provided nothing in this section shall affect the reporting requirements of RSA 161-F; and (b) Any third party previously designated by the eligible adult, provided that disclosure shall not be made to any designated third party that is suspected of financial exploitation or other abuse of the eligible adult. N.H. Rev. Stat. Ann. § 383-A:5-511-a (IV) – (VI).
If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual may promptly notify: (A) The secretary of state, provided nothing in this section shall affect the reporting requirements of RSA 161-F. (B) Any third party previously designated by the eligible adult, provided that disclosure shall not be made to any designated third party that is suspected of financial exploitation or other abuse of the eligible adult. N.H. Rev. Stat. Ann. 421-B:5-507-A(2)(A)-(B).
Qualified Individual: Any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. N.H. Rev. Stat. Ann. 421-B:5-507-A(1)(C).
Adult: Any person 18 years of age or older. N.H. Rev. Stat. Ann. §§ 161-F:1(I).
Vulnerable: The physical, mental or emotional ability of a person is such that he is unable to manage personal, home or financial affairs in his own best interest, or he is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver. N.H. Rev. Stat. Ann. § 161-F:43(VII).
Eligible Adult: A person 65 years of age or older; or a person, 18 years of age or older, who is “vulnerable” as defined in RSA 161-F:43, VII. N.H. Rev. Stat. Ann. 421-B:5-507-A(1)(A).
“Eligible adult” shall mean: (i) A person 65 years of age or older; or (ii) A person, 18 years of age or older, who is “vulnerable” as defined in RSA 161-F:43, VII. N.H. Rev. Stat. Ann. § 383-A:5-511-a VII.
Yes.
Any person or agency, other than an alleged perpetrator, participating in good faith in the making of a report of an alleged incident of adult abuse, neglect or exploitation, providing information relative to such incident or following a reporting protocol developed jointly with the department, or who in good faith investigates the report, administers the registry, or who participates in a judicial or administrative proceeding resulting from that report, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any person or agency providing information in good faith, including materials requested by the department pursuant to RSA 161-F:56, shall have the same immunity with respect to participation in any investigation by the commissioner or his authorized representative or in any judicial proceeding resulting from such report. N.H. Rev. Stat. Ann. § 161-F:47.
A qualified individual that, in good faith and exercising reasonable care, makes a disclosure of information pursuant to RSA 421-B:5-507-A, (2) shall be immune from administrative or civil liability that might otherwise arise from such disclosure or for any failure to notify the customer of the disclosure. N.H. Rev. Stat. Ann. 421-B:5-507-A(3).
A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with RSA 421-B:5-507-A, (4) and (5) shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement in accordance with this section. N.H. Rev. Stat. Ann. 421-B:5-507-A(7).
A financial institution or qualified individual that, in good faith and exercising reasonable care, complies with RSA 383-B:5-511-A, IV and V shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement in accordance with this section. N.H. Rev. Stat. Ann. § 383-A:5-511-a VII.
** See Senior Safe Act
AS SEEN IN:
