Texas Senate Bill SB35

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to mortality review for certain individuals who are developmentally disabled.

Impact

The bill mandates the formation of mortality review teams within each local mental retardation authority service area. These teams are tasked with conducting reviews of deaths that are unexpected, accidental, or raise suspicions of potential abuse or neglect. By centralizing this responsibility, the bill intends to enhance oversight and improve care protocols for individuals with developmental disabilities across state-licensed facilities, thereby aiming to prevent future unfortunate incidents.

Summary

SB35 introduces a framework for mortality review specifically for individuals with developmental disabilities in Texas. The bill aims to establish regional mortality review teams that will be responsible for investigating and reviewing deaths of such individuals who received services from state-licensed facilities. The proposed legislation reflects a proactive approach toward understanding the causes of death in this vulnerable population and ensuring accountability within the services they receive.

Contention

One notable point of contention revolves around the confidentiality clauses outlined in the bill. While the intent is to protect the identities of individuals and the facilities involved, there are concerns regarding the transparency of the mortality review process. Critics may argue that if the discussions are closed to the public and the identities are kept confidential, it may limit the ability to address systemic issues that can potentially affect the quality of care for these individuals. Balancing accountability with confidentiality will be crucial moving forward.

Implementation

In addition to establishing review teams, the bill also outlines the confidentiality of the information obtained during these reviews and limits liability for those providing information for the reviews. This could foster a non-punitive environment where professionals can freely share information without fear of legal repercussions, further contributing to a comprehensive understanding of mortality among individuals with developmental disabilities.