Substitute House Bill No. 5239, now Public Act No. 26-54, amends the procedures surrounding the review of deaths of individuals with intellectual disabilities under the Department of Developmental Services (DDS). The bill introduces new language that mandates the commissioner, or their designee, to conduct a comprehensive review of the circumstances surrounding such deaths, replacing the previous requirement for the department to ensure that a review is conducted. Additionally, the bill establishes an Independent Mortality Review Board within the DDS, which will review specific cases of death involving allegations of abuse or neglect, unexpected deaths, or cases where the commissioner’s review raises questions about care appropriateness.

The Independent Mortality Review Board will be chaired by the commissioner or their designee and will include various members from the DDS and other relevant agencies, ensuring that a majority of the board members are not DDS employees. The board is empowered to request necessary documentation and information for their reviews, and the mortality review process will adhere to existing peer review and confidentiality provisions. This legislative change aims to enhance oversight and accountability in the care provided to individuals with intellectual disabilities, ensuring that any deaths are thoroughly investigated and reviewed.