Commissioner reviews deaths of people with intellectual disabilities

The Department of Developmental Services commissioner or a designee reviews each covered death and refers cases to the board when required. This applies when a person with an intellectual disability dies and the department has direct or oversight responsibility for the person’s medical care. The review covers events, overall care, quality-of-life issues, and medical care before the death. This section takes effect from passage; the text does not state the passage date.

The commissioner or a designee chairs the Independent Mortality Review Board, which reviews deaths that meet the listed criteria. The criteria apply to deaths of people with intellectual disabilities whose medical care is the department’s direct or oversight responsibility. The board reviews deaths involving alleged abuse or neglect, deaths under a medical examiner’s jurisdiction, sudden and unexpected deaths the commissioner or designee finds need an independent investigation, and deaths where the department’s review raises questions about care. The commissioner forms the board based on the death being reviewed. A majority of its members must not be department employees. This section takes effect from passage; the text does not state the passage date.

The board may request records and information needed for its review. Health care providers must provide information the commissioner requests to complete a department review when federal law permits. These rules cover information needed for reviews of deaths within the department’s medical-care responsibility. When asking a provider for information, the commissioner must identify a federal provision that allows the provider to share it. The review process and board must follow peer-review and record-confidentiality rules. These sections take effect from passage; the text does not state the passage date.