81R1160 UM-D
By: Zaffirini S.B. No. 35
A BILL TO BE ENTITLED
AN ACT
relating to mortality review for certain individuals who are
developmentally disabled.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Human Resources Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. MORTALITY REVIEW FOR CERTAIN INDIVIDUALS WHO ARE
DEVELOPMENTALLY DISABLED
Sec. 161.201. DEFINITION. In this subchapter, "health care
provider" means an individual or facility licensed, certified, or
otherwise authorized to administer health or mental health care,
for profit or otherwise, in the ordinary course of business or
professional practice.
Sec. 161.202. APPLICABILITY. This subchapter applies to
the death of a person with a developmental disability who, at the
time of the person's death, resided in or received services from a
facility or agency operated or licensed by the department.
Sec. 161.203. MORTALITY REVIEW TEAMS. (a) The department
shall establish a regional mortality review team in each local
mental retardation authority service area.
(b) The executive commissioner shall appoint to each
mortality review team at least three individuals, including a
physician or registered nurse with expertise regarding the medical
treatment of individuals with developmental disabilities. The
review team may also include:
(1) a representative of a state school in the
mortality review team's service area;
(2) a representative of the local mental retardation
authority;
(3) an educator with experience working with
individuals with developmental disabilities; or
(4) other community representatives with relevant
experience working with individuals with developmental
disabilities.
(c) The members of a mortality review team shall select a
presiding officer for the mortality review team.
(d) Members serve for staggered terms of three years, with
the term of one member expiring February 1 each year.
(e) An appointment to a vacancy on the mortality review team
shall be made in the same manner as the original appointment. A
member is eligible for reappointment.
(f) A member of a mortality review team is not entitled to
compensation for serving on the team but is entitled to
reimbursement for the member's travel expenses as provided in the
General Appropriations Act. Reimbursement under this subsection
shall be paid from funds appropriated to the department for that
purpose.
Sec. 161.204. POWERS AND DUTIES OF MORTALITY REVIEW TEAM.
(a) A mortality review team may conduct a meeting by telephone
conference call or other electronic medium.
(b) Meetings of a mortality review team are closed to the
public and are not subject to Chapter 551, Government Code.
(c) Each mortality review team shall initially review and
investigate the circumstances and causes of each death in the
mortality review team's service area of a person to whom this
subchapter applies to determine whether further review regarding
that death is necessary.
(d) The mortality review team shall complete an in-depth
review regarding the death of the person if the mortality review
team finds, after an initial review, that the death of the person:
(1) is unexpected or the result of an accident; or
(2) involves suspicious circumstances that may
indicate possible abuse or neglect.
Sec. 161.205. ACCESS TO INFORMATION. (a) A mortality
review team may request information and records regarding a
deceased person as necessary to carry out the mortality review
team's duties. Records and information that may be requested under
this section include:
(1) medical, dental, and mental health care
information; and
(2) information and records maintained by any state or
local government agency, including:
(A) a birth certificate;
(B) law enforcement investigative data;
(C) medical examiner investigative data;
(D) juvenile court records;
(E) parole and probation information and
records; and
(F) adult or child protective services
information and records.
(b) On request of the presiding officer of a review team,
the custodian of the relevant information and records relating to a
deceased person shall provide those records to the mortality review
team at no charge.
Sec. 161.206. MORTALITY REVIEW REPORT. (a) The mortality
review team shall submit a written report to the department
regarding the findings of the mortality review team for each review
and in-depth review of the death of a person to whom this subchapter
applies.
(b) The mortality review team may include suggestions for
improving statewide practices relating to the care and treatment of
individuals with developmental disabilities in the report.
Sec. 161.207. USE AND PUBLICATION RESTRICTIONS;
CONFIDENTIALITY. (a) The department or mortality review team may
use or publish information under this subchapter only to advance
statewide practices regarding the treatment and care of individuals
with mental, physical, or developmental disabilities. A summary of
the data in mortality review team reports or statistical
compilation of data reports may be released by the department for
general publication, if the summary or statistical compilation does
not contain any information that would permit the identification of
an individual.
(b) Information and records acquired by a mortality review
team in the exercise of its duties under this subchapter are
confidential and exempt from disclosure under the open records law,
Chapter 552, Government Code, and may only be disclosed as
necessary to carry out the mortality review team's duties.
(c) The identity of a person whose death was reviewed in
accordance with this subchapter is confidential and may not be
revealed.
(d) The identity of a health care provider or the name of a
facility or agency that provided services to or was the residence of
a person whose death was reviewed in accordance with this
subchapter is confidential and may not be revealed.
(e) Reports, information, statements, memoranda, and other
information furnished under this subchapter and any findings or
conclusions resulting from a review by a mortality review team are
privileged.
Sec. 161.208. LIMITATION ON LIABILITY. (a) A health care
provider or other person is not civilly or criminally liable for
furnishing information to the department for use by a mortality
review team unless the person acted in bad faith or knowingly
provided false information to the department.
(b) A member of a mortality review team is not liable for
damages to a person for a report or recommendation made by the
mortality review team if the member acts in good faith and in the
reasonable belief that the report is accurate and the
recommendation is warranted by the facts known to the mortality
review team.
SECTION 2. If, before implementing any provision of this
Act, a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2009.