An Act To Facilitate Reporting by Maine Financial Institutions of Elder Financial Exploitation
Maine Legislature, Session 123, LD 1428
Committee: Insurance and Financial Services
Sponsors: BRAUTIGAM, MARRACHE, BARSTOW, JACKSON, KOFFMAN, MARLEY, PINGREE, RICHARDSON, SAVAGE, WATSON
Amends: 9-B MRSA §162, 9-B MRSA §164

Legislative Document 
No. 1428 
H.P.I002 
House of Representatives, March 15, 2007 
An Act To Facilitate Reporting by Maine Financial Institutions of 
Elder Financial Exploitation 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Representative BRAUTIGAM of Falmouth. 
Cosponsored by Senator MARRACHE of Kennebec and 
7r/~ 
1I7.7l!P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, JACKSON of Allagash, KOFFMAN of Bar Harbor, 
MARLEY of Portland, PINGREE of North Haven, RICHARDSON of Warren, SAVAGE of 
Falmouth, WATSON of Bath. 
Printed on recyded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 9-B MRS A §162, sub-§3, as amended by PL 2001, c. 211, §1 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
3. Disclosure in respo .. se to a request by the Department of Health and Human 
Services. The financial records are disclosed in response to a request for information by 
the Department of Health and Human Services for purposes related to establishing, 
modifying or enforcing a child support order; ef' 
Sec. 2. 9-B MRSA §162, sub-§4, as enacted by PL 2001, c. 211, §2, is further 
amended to read: 
4. Disclosure in response to a request by the Department of Labor. The financial 
records are disclosed in response to a notice of levy issued by the Department of Labor 
pursuant to Title 26, section 1233~; or 
Sec. 3. 9-B MRSA §162, sub-§5 is enacted to read: 
5. Disclosure to the Department of Health and Human Services upon suspicion 
of exploitation. The financial records are disclosed to the Department of Health and 
Human Services because a disclosing financial institution, an affiliate of a disclosing 
financial institution, a disclosing credit union or an affiliate of a disclosing credit union 
authorized to do business in this State has reasonable cause to suspect that an 
incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or 
exploitation. 
Sec. 4. 9-B MRSA §164, sub-§3 is enacted to read: 
3. Immunity. A financial institution authorized to do business in the State or its 
affiliate or a credit union authorized to do business in the State or its affiliate that in good 
faith discloses financial records to the Department of Health and Human Services 
pursuant to section 162, subsection 5 is immune from civil or criminal liability that might 
otherwise arise from the disclosure. In a proceeding regarding immunity from liability, 
there is a rebuttable presumption of good faith. 
SUMMARY 
This bill establishes that financial institutions and credit unions are permitted to 
disclose financial records to the Department of Health and Human Services when the 
financial institution or credit union has reasonable cause to suspect that an incapacitated 
or dependent adult has been or is at substantial risk of abuse, neglect or exploitation, and 
it provides immunity for the good faith disclosure of financial records for this purpose. 
Page I - 123LRI002(Ol)-1