LD 1782
pg. 4
Page 3 of 6 An Act To Prevent Elder and Dependent Adult Financial Abuse Page 5 of 6
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LR 2560
Item 1

 
than the Attorney General or a district attorney. Multiple actions
for the fine may not be brought for the same violation.

 
Nothing in this chapter may be construed to limit, expand or
otherwise modify any civil liability or remedy that may exist
under this or any other law.

 
§173.__Confidentiality

 
1.__Reports confidential.__A report made pursuant to section
172 is confidential and may be disclosed only as provided in

 
subsection 2.__A person who violates this section commits a Class
E crime.

 
2.__Reports may be disclosed.__Reports of suspected financial
abuse of an elder or a dependent adult and information contained
in those reports may be disclosed only to the following:

 
A.__Persons or agencies to whom disclosure of information or
the identity of the reporting party is permitted; and

 
B.__Persons trained and qualified to serve on
multidisciplinary personnel teams, who may disclose to one
another information and records that are relevant to the
prevention, identification or treatment of financial abuse
of elderly or dependent persons.

 
Except as provided in this paragraph, any multidisciplinary
personnel team or agency that receives information pursuant
to this chapter is under the same obligations and subject to
the same confidentiality penalties as the person disclosing
or providing that information. The information obtained must
be maintained in a manner that ensures the maximum
protection of privacy and confidentiality rights.

 
3.__Not construed to allow certain disclosures.__This section
may not be construed to allow disclosure of any reports or
records relevant to the reports of financial abuse of an elder or
a dependent adult if the disclosure would be prohibited by any
other provisions of state or federal law applicable to the
reports or records relevant to the reports of the financial
abuse, nor may it be construed to prohibit the disclosure by a
financial institution of any reports or records relevant to the
reports of financial abuse of an elder or a dependent adult if
the disclosure would be required of a financial institution by
otherwise applicable state or federal law or court order.

 
§174.__Mandated reporter of suspected financial abuse of

 
elder or dependent adult not liable


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