Older-adult abuse reports and financial holds would follow new rules

Mandatory reporters would immediately report suspected abuse to an area agency on aging and submit a written report within 48 hours. Mandatory reporters include facility and area-agency employees, health care providers, licensed health care workers, and law enforcement officials. Reports involving suspicious deaths, serious injuries, or listed sexual offenses would also go immediately to law enforcement officials and the Department of Aging. The reporter's identity and the identity of people who help with an investigation generally could not be disclosed, except as allowed for law enforcement or by court order. A person who intentionally fails to report could face criminal penalties. The reporting provisions would take effect 18 months after enactment.

A financial institution could temporarily hold a transaction when it reasonably suspects financial exploitation of an older adult. The authority would cover account withdrawals, transfers, ownership changes, beneficiary changes, and other transactions involving an older adult's account. The institution would have to report the suspected exploitation by the next business day. The initial hold could last up to seven days and could be extended for up to 15 additional business days in specified circumstances, including a documented request from an agency, law enforcement, or the older adult's legal representative. The institution generally would have to notify the older adult within one business day, but could withhold notice from someone suspected of the exploitation. Good-faith compliance would provide immunity from liability. The financial-exploitation reporting, transaction-hold, and immunity provisions would take effect immediately if the measure were enacted.

Facilities would have to obtain state and federal criminal-history checks before hiring applicants, and the Department of Aging would determine eligibility. The requirement would cover applicants and prospective administrators or operators who may have direct contact with facility residents. Facilities could use a provisional employee for up to 60 days while checks are pending if the required applications, fingerprints, and written statements were completed. Hiring bans would apply for specified periods ranging from five to 35 years after release from custody or the end of probation or parole, depending on the offense. The department could grant a waiver for a listed offense, but a waiver would not guarantee employment. The criminal-history provisions would take effect 18 months after enactment.