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