(1)
Financial records may be obtained from a financial institution during an APS
investigation into alleged abuse.
(2) DEFAULT STANDARD. APS may not request
financial records from a financial institution unless one of the following
exceptions applies and the corresponding procedures are followed:
(a) CUSTOMER AUTHORIZATION. APS may request
and receive financial records from a financial institution when the customer
authorizes such disclosure in accordance with ORS
192.593. The authorization must:
(A) Be in writing, signed, and dated by the
customer.
(B) Identify with detail
the records authorized to be disclosed.
(C) Name the Department or Area Agency on
Aging to whom disclosure is authorized.
(D) Contain notice to the customer that the
customer may revoke such authorization at any time in writing.
(E) Inform the customer as to the reason for
such request and disclosure.
(b) FINANCIAL INSTITUTION INITIATES CONTACT.
Where a financial institution initiates contact with APS or a law enforcement
agency regarding suspected financial exploitation, the financial institution
may share financial records with APS or the law enforcement agency and is not
otherwise precluded from communicating with and disclosing financial records to
APS or the law enforcement agency.
(c) CUSTOMER INCAPABLE OF AUTHORIZING. If a
financial institution has not initiated contact with APS or a law enforcement
agency and the alleged victim does not have the ability to make an informed
choice to consent to APS obtaining the alleged victim's financial records, a
fiduciary or legal representative who is an alleged perpetrator refuses to
authorize disclosure, or the account is jointly held by an alleged perpetrator
as well as the alleged victim and the alleged perpetrator refuses to authorize
disclosure of the alleged victim's financial records, these procedures must be
followed:
(A) APS shall work with the
appropriate law enforcement agency to obtain a subpoena issued by a court or on
behalf of a grand jury to request financial records of the alleged
victim.
(B) APS shall:
(i) Confirm to the law enforcement agency
that an investigation under ORS
124.070 (elder abuse, including
older adult residents in a community-based care facility) or under ORS
441.650 (abuse of a nursing
facility resident) is open and the individual about whom financial records are
sought is the alleged victim in the abuse investigation.
(ii) Provide or work with the law enforcement
agency to obtain the name and social security number of the individual about
whom financial records are sought.
(C) A financial institution, before making
disclosures pursuant to a subpoena described in this section, may require
reimbursement to produce records, in accordance with ORS
192.602.
Notes
Or. Admin. Code §
411-020-0126
SPD 7-2012(Temp), f. &
cert. ef. 6-1-12 thru 11-28-12; SPD 15-2012, f. & cert. ef. 11-28-12; APD
16-2018, temporary amend filed 06/28/2018, effective 07/01/2018 through
12/27/2018;
APD
44-2018, amend filed 12/27/2018, effective
12/27/2018
Statutory/Other Authority: ORS
59.480 -
59.505,
124.055,
124.065,
124.070,
409.010,
410.020,
410.040,
410.070 &
411.060,
411.116,
443.450,
443.765,
443.767
Statutes/Other Implemented: ORS
124.050 -
124.095,
192.583,
192.586,
192.593,
192.597,
192.600,
192.602,
409.010,
410.020,
410.040,
410.070,
411.060,
411.116,
443.450,
443.500 & ORS
443.767, Oregon Laws 2012
Chapter 70
