Texas 2009 - 81st Regular

Texas Senate Bill SB35 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1160 UM-D
2	2	By: Zaffirini S.B. No. 35
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to mortality review for certain individuals who are
8	8	developmentally disabled.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 161, Human Resources Code, is amended by
11	11	adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. MORTALITY REVIEW FOR CERTAIN INDIVIDUALS WHO ARE
13	13	DEVELOPMENTALLY DISABLED
14	14	Sec. 161.201. DEFINITION. In this subchapter, "health care
15	15	provider" means an individual or facility licensed, certified, or
16	16	otherwise authorized to administer health or mental health care,
17	17	for profit or otherwise, in the ordinary course of business or
18	18	professional practice.
19	19	Sec. 161.202. APPLICABILITY. This subchapter applies to
20	20	the death of a person with a developmental disability who, at the
21	21	time of the person's death, resided in or received services from a
22	22	facility or agency operated or licensed by the department.
23	23	Sec. 161.203. MORTALITY REVIEW TEAMS. (a) The department
24	24	shall establish a regional mortality review team in each local
25	25	mental retardation authority service area.
26	26	(b) The executive commissioner shall appoint to each
27	27	mortality review team at least three individuals, including a
28	28	physician or registered nurse with expertise regarding the medical
29	29	treatment of individuals with developmental disabilities. The
30	30	review team may also include:
31	31	(1) a representative of a state school in the
32	32	mortality review team's service area;
33	33	(2) a representative of the local mental retardation
34	34	authority;
35	35	(3) an educator with experience working with
36	36	individuals with developmental disabilities; or
37	37	(4) other community representatives with relevant
38	38	experience working with individuals with developmental
39	39	disabilities.
40	40	(c) The members of a mortality review team shall select a
41	41	presiding officer for the mortality review team.
42	42	(d) Members serve for staggered terms of three years, with
43	43	the term of one member expiring February 1 each year.
44	44	(e) An appointment to a vacancy on the mortality review team
45	45	shall be made in the same manner as the original appointment. A
46	46	member is eligible for reappointment.
47	47	(f) A member of a mortality review team is not entitled to
48	48	compensation for serving on the team but is entitled to
49	49	reimbursement for the member's travel expenses as provided in the
50	50	General Appropriations Act. Reimbursement under this subsection
51	51	shall be paid from funds appropriated to the department for that
52	52	purpose.
53	53	Sec. 161.204. POWERS AND DUTIES OF MORTALITY REVIEW TEAM.
54	54	(a) A mortality review team may conduct a meeting by telephone
55	55	conference call or other electronic medium.
56	56	(b) Meetings of a mortality review team are closed to the
57	57	public and are not subject to Chapter 551, Government Code.
58	58	(c) Each mortality review team shall initially review and
59	59	investigate the circumstances and causes of each death in the
60	60	mortality review team's service area of a person to whom this
61	61	subchapter applies to determine whether further review regarding
62	62	that death is necessary.
63	63	(d) The mortality review team shall complete an in-depth
64	64	review regarding the death of the person if the mortality review
65	65	team finds, after an initial review, that the death of the person:
66	66	(1) is unexpected or the result of an accident; or
67	67	(2) involves suspicious circumstances that may
68	68	indicate possible abuse or neglect.
69	69	Sec. 161.205. ACCESS TO INFORMATION. (a) A mortality
70	70	review team may request information and records regarding a
71	71	deceased person as necessary to carry out the mortality review
72	72	team's duties. Records and information that may be requested under
73	73	this section include:
74	74	(1) medical, dental, and mental health care
75	75	information; and
76	76	(2) information and records maintained by any state or
77	77	local government agency, including:
78	78	(A) a birth certificate;
79	79	(B) law enforcement investigative data;
80	80	(C) medical examiner investigative data;
81	81	(D) juvenile court records;
82	82	(E) parole and probation information and
83	83	records; and
84	84	(F) adult or child protective services
85	85	information and records.
86	86	(b) On request of the presiding officer of a review team,
87	87	the custodian of the relevant information and records relating to a
88	88	deceased person shall provide those records to the mortality review
89	89	team at no charge.
90	90	Sec. 161.206. MORTALITY REVIEW REPORT. (a) The mortality
91	91	review team shall submit a written report to the department
92	92	regarding the findings of the mortality review team for each review
93	93	and in-depth review of the death of a person to whom this subchapter
94	94	applies.
95	95	(b) The mortality review team may include suggestions for
96	96	improving statewide practices relating to the care and treatment of
97	97	individuals with developmental disabilities in the report.
98	98	Sec. 161.207. USE AND PUBLICATION RESTRICTIONS;
99	99	CONFIDENTIALITY. (a) The department or mortality review team may
100	100	use or publish information under this subchapter only to advance
101	101	statewide practices regarding the treatment and care of individuals
102	102	with mental, physical, or developmental disabilities. A summary of
103	103	the data in mortality review team reports or statistical
104	104	compilation of data reports may be released by the department for
105	105	general publication, if the summary or statistical compilation does
106	106	not contain any information that would permit the identification of
107	107	an individual.
108	108	(b) Information and records acquired by a mortality review
109	109	team in the exercise of its duties under this subchapter are
110	110	confidential and exempt from disclosure under the open records law,
111	111	Chapter 552, Government Code, and may only be disclosed as
112	112	necessary to carry out the mortality review team's duties.
113	113	(c) The identity of a person whose death was reviewed in
114	114	accordance with this subchapter is confidential and may not be
115	115	revealed.
116	116	(d) The identity of a health care provider or the name of a
117	117	facility or agency that provided services to or was the residence of
118	118	a person whose death was reviewed in accordance with this
119	119	subchapter is confidential and may not be revealed.
120	120	(e) Reports, information, statements, memoranda, and other
121	121	information furnished under this subchapter and any findings or
122	122	conclusions resulting from a review by a mortality review team are
123	123	privileged.
124	124	Sec. 161.208. LIMITATION ON LIABILITY. (a) A health care
125	125	provider or other person is not civilly or criminally liable for
126	126	furnishing information to the department for use by a mortality
127	127	review team unless the person acted in bad faith or knowingly
128	128	provided false information to the department.
129	129	(b) A member of a mortality review team is not liable for
130	130	damages to a person for a report or recommendation made by the
131	131	mortality review team if the member acts in good faith and in the
132	132	reasonable belief that the report is accurate and the
133	133	recommendation is warranted by the facts known to the mortality
134	134	review team.
135	135	SECTION 2. If, before implementing any provision of this
136	136	Act, a state agency determines that a waiver or authorization from a
137	137	federal agency is necessary for implementation of that provision,
138	138	the agency affected by the provision shall request the waiver or
139	139	authorization and may delay implementing that provision until the
140	140	waiver or authorization is granted.
141	141	SECTION 3. This Act takes effect September 1, 2009.