Nationwide Reporting Chart

For Suspected Exploitation Of Seniors And/Or Vulnerable Persons

 

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Statute
Md. Code Ann. Fam. Law. § 14-302(a), (c).
Md. Code Ann. Fin. Inst. § 1-306(a)(3), (d)(1), (f)(1)–(3).
Md. Code Ann. Fam. Law. § 14-101(q).
Md. Code Ann. Corps & Ass’ns § 11-101(c)(1), (i)(1).
Md. Code Ann. Corps & Ass’ns § 11-307(a)(2), (a)(6), (b)(1), (e)(1)-(2), (d)(1)-(2).
Financial Services Professionals
(Mandated? Permissive?)

A fiduciary institution shall make an abuse report as provided in this subsection if an employee of the fiduciary institution meets certain criteria. (Mandated)

A broker-dealer, an investment adviser, or a qualified individual. (Mandated)

Any individual. (Permissive)

State Report & Hold
(Y/N)

Yes, a broker-dealer or investment advisor may delay. Md. Code Ann. Corps & Ass’ns § 11-307(c)(1).

A delay of a disbursement authorized under this section shall expire: (i) On a determination by the broker-dealer or investment adviser that the disbursement will not result in the financial exploitation of the eligible adult; or (ii) Subject to paragraph (2) of this subsection, 15 business days after the date of the disbursement request. (2) (i) The Commissioner or the local department may request the delay of a disbursement for up to 25 business days after the date of the disbursement request. (ii) If a request is made under this paragraph, the delay shall continue for 25 business days after the date of the disbursement request unless the Commissioner, the local department, or a court of competent jurisdiction enters an order that terminates or extends the delay. Md. Code Ann. Corps & Ass’ns § 11-307(d)(1)-(2).

Reporters

Notwithstanding any law on privileged communications, each health practitioner, police officer, or human service worker who contacts, examines, attends, or treats an alleged vulnerable adult and who has reason to believe that the alleged vulnerable adult has been subjected to abuse, neglect, self-neglect, or exploitation shall notify. Md. Code Ann. Fam. Law. § 14-302(a).

Any individual other than a health practitioner, human service worker, or police officer who has reason to believe that an alleged vulnerable adult has been subjected to abuse, neglect, self-neglect, or exploitation may file with the local department an oral or written report of the suspected abuse, neglect, self-neglect, or exploitation. Md. Code Ann. Fam. Law. § 14-302(c).

Notwithstanding any other law limiting or prohibiting disclosure, a fiduciary institution shall make an abuse report as provided in this subsection if an employee of the fiduciary institution, while acting within the scope of the employee’s employment: (i) has direct contact with an elder adult or reviews or approves an elder adult’s financial documents, records, or transactions in connection with financial services provided by the fiduciary institution to or for the elder adult; and (ii) observes or obtains knowledge of behavior or unusual circumstances or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. Md. Code Ann. Fin. Inst. § 1-306(d)(1).

A broker–dealer, an investment adviser, or a qualified individual that reasonably believes that an eligible adult has been, is currently, or will be the subject of financial exploitation or attempted financial exploitation shall promptly notify: the commissioner; and a local department under § 14–302 of the family law article. Md. Code Ann. Corps & Ass’ns § 11-307(b)(1).

Broker-Dealer: A person engaged in the business of effecting transactions in securities for the account of others or for his own account. Md. Code Ann. Corps & Ass’ns § 11-101(c)(1).

Investment Advisor: A person who, for compensation:

(i) Engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities; or

(ii)  1. Provides or offers to provide, directly or indirectly, financial and investment counseling or advice, on a group or individual basis;

2. Gathers information relating to investments, establishes financial goals and objectives, processes and analyzes the information gathered, and recommends a financial plan; or

3. Holds out as an investment adviser in any way, including indicating by advertisement, card, or letterhead, or in any other manner indicates that the person is, a financial or investment “planner,” “counselor,” “consultant,” or any other similar type of adviser or consultant. Md. Code Ann. Corps & Ass’ns § 11-101(i)(1).

Qualified Individual: An agent, an investment adviser representative, or a person who serves in a supervisory, compliance, or legal capacity for a broker–dealer or an investment adviser. Md. Code Ann. Corps & Ass’ns § 11-307(a)(6).

Protected Individuals

Elder Adult: An individual who is believed to be at least 65 years old and residing in the State. Md. Code Ann. Fin. Inst. § 1-306(a)(3).

Vulnerable Adult: An adult who lacks the physical or mental capacity to provide for the adult’s daily needs. Md. Code Ann. Fam. Law. § 14-101(q).

Eligible Adult: An individual who resides in the State and is at least 65 years old; or a vulnerable adult. Md. Code Ann. Corps & Ass’ns § 11-307(a)(2).

Financial Institutions-Immunity (Y/N)

Yes.

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.  Md. Code Ann. Fin. Inst. § 1-306(f)(1)–(3).

A broker-dealer, an investment adviser, or a qualified individual that in good faith and exercising reasonable care provides notice under subsection (b) of this section shall have immunity from any administrative or civil liability that might otherwise arise from the notice.  Md. Code Ann. Corps & Ass’ns § 11-307(e)(1).

A broker-dealer or investment adviser that in good faith and exercising reasonable care delays a disbursement under subsection (c) of this section shall have immunity from any administrative or civil liability that might otherwise arise from the delay. Md. Code Ann. Corps & Ass’ns § 11-307(e)(2).

** See Senior Safe Act

 


* Although care has been taken to ensure the accuracy and completeness of the information provided, EverSafe assumes no responsibility therefore and urges users of the information to check sources before use. Information is updated regularly and subject to change.
** On May 24, 2018, the Senior Safe Act was signed into law on a federal level as part of Economic Growth, Regulatory Relief, and Consumer Protection Act (Pub. Law No: 115-174). The Act is now codified at 12 USC § 3423. It extends immunity from liability to covered financial institutions who disclose suspected financial exploitation of adults 65 years and older to regulatory or law-enforcement agencies.
*** On February 5, 2018, FINRA Rule 2165 was adopted. Rule 2165 allows members to place temporary holds on disbursements of funds or securities from the accounts of a person 1) age 65 or older or 2) 18 years or older who the member reasonably believes has a mental or physical impairment that renders the individual unable to protect his or her own interests, if the member reasonably believes that financial exploitation of the person has occurred, is occurring, has been attempted, or will be attempted.