Adult protective services investigations; financial institutions to furnish records and information.
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HB 95 — Adult protective services investigations; financial institutions to furnish records and information.
Last action — Enacted, Chapter 743 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 06, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 9 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Adult protective services investigations; financial institutions; furnishing of records and information. Requires financial institutions to cooperate in any investigation of alleged adult abuse, neglect, or exploitation conducted by a local department of social services and to make any financial records or information relevant to such investigation available to the local department of social services upon request. Financial institutions may also voluntarily report information relevant to an adult protective services investigation to the local department of social services or to a court-appointed guardian ad litem for the adult under investigation. The bill provides that, absent gross negligence or willful misconduct, a financial institution is immune from civil or criminal liability for providing such information to a local department of social services or a court-appointed guardian ad litem.
Bill Text
What changed in the latest version
130 added · 127 removedPlain-language change summary
The recent amendment to HB 95 introduces a new section requiring financial institutions in Virginia to cooperate with investigations into alleged adult abuse, neglect, or exploitation. Specifically, these institutions must provide relevant financial records and information to local adult protective services agencies when requested. This change is significant because it strengthens the ability of authorities to investigate and respond to potentially harmful situations involving vulnerable adults, ensuring that necessary information is accessible for better protection.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 743R An Act to amend and reenact § 63.2-1606 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 6.2-103.1, relating to adult protective services investigations;
E N [H 95] R Approved AprilO 27, 2022 Be it enacted by the General Assembly of Virginia:
That § 63.2-1606 of the Code of Virginia is amended and reenacted and that the Code of L Virginia is amended by adding a section numbered 6.2-103.1 as follows:
L § 6.2-103.1.
Financial institutions to furnish certain information as part of adult protectiveprotectiEe services investigation.
Notwithstanding any other provision of law, any financial institution subject to the provisionsprovisiDns of this localtitle departmentshall ofcooperate socialin servicesany pursuantinvestigation toof Chapteralleged 16adult (§abuse, 63.2-1600neglect, etor seq.)exploitation ofconducted Titleby 63.2 and shall a make any financial records or information relevant to such investigation available to the locallocaland shall department upon request to the extent allowed under the Gramm-Leach-Bliley Act (15 U.S.C.
MedicalMedHcal facilities inspectors of the Department of Health are exempt from reporting suspected abuse immediatelyimm9diately while conducting federal inspection surveys in accordance with § 1864 of Title XVIII and Title XIX of the Social Security Act, as amended, of certified nursing facilities as defined in § 32.1-123.
2 1.
Any emergency medical services provider certified by the Board of Health pursuant to § 32.1-111.5, unless such provider immediately reports the suspected abuse, neglect or exploitation directly to the attending physician at the hospital to which the adult is transported, who shall make such report forthwith;
and 7.B.
Any law-enforcement officer.
B.
If a person required to report under this section receives information regarding abuse, neglect or exploitation while providing professional services in a hospital, nursing facility or similar institution, then he may, in lieu of reporting, notify the person in charge of the institution or his designee, who shall report such information, in accordance with the institution's policies and procedures for reporting such matters, immediately upon his determination that there is reason to suspect abuse, neglect or exploitation.
All persons required to report suspected adult abuse, neglect or exploitation shall cooperate with the investigating adult protective services worker of a local department and shall make information, records and reports which are relevant to the investigation available to such worker to the extent permitted bybys state and federal law.
Criminal investigative reports received from law-enforcement agencies shall not be of 3 further disseminated by the investigating agency nor shall they be subject to public disclosure;
such reports may, however, be disclosed to the Adult Fatality Review Team as provided in § 32.1-283.5 or to of 3 a local or regional adult fatality review team as provided in § 32.1-283.6 and, if reviewed by the Team or a local or regional adult fatality review team, shall be subject to applicable confidentiality requirements of the Team or a local or regional adult fatality review team.
Upon request, and to the extent permitted by state and federal law, financial institution staff making a report to the of 3 local department of social services may report any information or records relevant to the a report or investigation to the local department of social services or to a court-appointed guardian ad litemliRem for the adultinstitution whoand isits staff shall be immune from civil or criminal liability for (a) providing information or records to the subjectlocal department of thesocial investigation.services or to a court-appointed guardian ad litem orE(b) subsection.
AbsentThe grossauthority negligenceof ora willful misconduct, the financial institution and its staff shallto berefuse immuneto fromexecute civila ortransaction, criminalNo liabilitydelay fora (a)transaction, providing information or records to therefuse localto departmentdisburse offunds socialpursuant services or to athis court-appointedsubsection guardianshall adnot litembe orcontingentRupon (b)subsection ofC.cial 3institution refusingstaff tohas executereported asuspected transaction,financial delayingexploitation aof transaction,the oradult refusingpursuant to disburseO fundsL pursuantL toE thisD subsection.H E 2
The authority of a financial institution staff to refuse to execute a transaction, to delay a transaction, or to refuse to disburse funds pursuant to this subsection shall not be contingent upon whether financial institution staff has reported suspected financial exploitation of the adult pursuant to subsection C.
View plain text versions (5)
- HB95ER2 View text pdf April 27, 2022
- CHAP0743 View text Current pdf April 27, 2022
- HB95ER View text pdf March 10, 2022
- Committee Substitute Committee substitute printed 22105038D-H1 pdf February 01, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100558D pdf January 06, 2022
Action History
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Enacted, Chapter 743 (effective 7/1/22)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB95ER2)
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Reenrolled
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Governor's recommendation adopted
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Senate concurred in Governor's recommendation (40-Y 0-N)
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VOTE: Adoption (100-Y 0-N)
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House concurred in Governor's recommendation BLOCK VOTE (100-Y 0-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 22, 2022
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB95ER)
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Enrolled
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VOTE: Adoption (97-Y 0-N)
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Senate amendment agreed to by House (97-Y 0-N)
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Passed Senate with amendment (39-Y 0-N)
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Commerce and Labor with amendment (15-Y 0-N)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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VOTE: Block Vote Passage (99-Y 0-N)
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Read third time and passed House BLOCK VOTE (99-Y 0-N)
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Engrossed by House - committee substitute HB95H1
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Committee substitute agreed to 22105038D-H1
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Read second time
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Read first time
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Impact statement from DPB (HB95H1)
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Committee substitute printed 22105038D-H1
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Reported from Commerce and Energy with substitute (21-Y 0-N)
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Subcommittee recommends reporting with substitute (10-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned sub: Subcommittee #2
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Impact statement from DPB (HB95)
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Referred to Committee on Commerce and Energy
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Prefiled and ordered printed; offered 01/12/22 22100558D
Sponsors
- Christopher T. Head · Primary
- Israel D. O'Quinn · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Not Voting |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 1 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Byron, Kathy J. | — | Not Voting |
| Christopher T. Head | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Lamont Bagby | — | Yea |
| Michael J. Webert | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does HB 95 do?
- Adult protective services investigations; financial institutions; furnishing of records and information. Requires financial institutions to cooperate in any investigation of alleged adult abuse, neglect, or exploitation conducted by a local department of social services and to make any financial records or information relevant to such investigation available to the local department of social services upon request. Financial institutions may also voluntarily report information relevant to an adult protective services investigation to the local department of social services or to a court-appointed guardian ad litem for the adult under investigation. The bill provides that, absent gross negligence or willful misconduct, a financial institution is immune from civil or criminal liability for providing such information to a local department of social services or a court-appointed guardian ad litem.
- Who sponsors HB 95?
- HB 95 is sponsored by Christopher T. Head and Israel D. O'Quinn.
- What is the current status of HB 95?
- This bill has been enacted into law. Introduced January 06, 2022. Enacted.
- Where can I track HB 95?
- Track HB 95 free on One Click Politics — get push/email alerts when it moves.
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