The proposed legislation, General Assembly Raised Bill No. 5239, aims to enhance the oversight and review process for deaths involving individuals with intellectual disabilities under the Department of Developmental Services (DDS). Key changes include the insertion of language that designates the commissioner or their designee to conduct comprehensive reviews of such deaths, replacing the previous requirement to "ensure that" these reviews are conducted. Additionally, the bill establishes an Independent Mortality Review Board within the DDS, which will be responsible for reviewing specific cases of death, particularly those involving allegations of abuse or neglect, unexpected deaths, or cases where the appropriateness of care is questioned.

The bill also outlines the composition and responsibilities of the Independent Mortality Review Board, which will include various stakeholders such as the DDS's director of quality and systems improvement, the Chief Medical Examiner, and representatives from public health and private providers. The board is empowered to request necessary documentation for their reviews and will operate under established peer review and confidentiality provisions. The intent of this legislation is to clarify the roles of the Independent Mortality Review Board and prevent overlap with the Fatality Review Board, thereby streamlining the review process for deaths of individuals with intellectual disabilities.