Enrolled Copy H.B. 70 1 FATALITY REVIEW AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Christine F. Watkins Senate Sponsor: Michael S. Kennedy 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions relating to fatality reviews. 6 Highlighted Provisions: 7 This bill: 8 ▸ amends definitions; 9 ▸ consolidates and streamlines certain notice requirements in the fatality review process; 10 ▸ updates language to reflect the electronic storage of certain records; 11 ▸ amends certain deadlines related to the fatality review process; and 12 ▸ makes technical and conforming changes. 13 Money Appropriated in this Bill: 14 None 15 Other Special Clauses: 16 None 17 Utah Code Sections Affected: 18 AMENDS: 19 26B-1-501, as renumbered and amended by Laws of Utah 2023, Chapter 305 20 26B-1-502, as renumbered and amended by Laws of Utah 2023, Chapter 305 21 26B-1-505, as renumbered and amended by Laws of Utah 2023, Chapter 305 22 26B-1-506, as renumbered and amended by Laws of Utah 2023, Chapter 305 23 26B-1-507, as renumbered and amended by Laws of Utah 2023, Chapter 305 24 52-4-205, as last amended by Laws of Utah 2023, Chapters 263, 328, 374, and 521 25 63G-2-202, as last amended by Laws of Utah 2023, Chapter 329 26 27 Be it enacted by the Legislature of the state of Utah: H.B. 70 Enrolled Copy 28 Section 1. Section 26B-1-501 is amended to read: 29 26B-1-501 . Definitions. 30 As used in this part: 31 (1) "Abuse" means the same as that term is defined in Section 80-1-102. 32 (2) "Child" means the same as that term is defined in Section 80-1-102. 33 (3) "Committee" means a fatality review committee that is formed under Section 26B-1-503 34 or 26B-1-504. 35 (4) "Dependency" means the same as that term is defined in Section 80-1-102. 36 (5) "Formal review" means a review of a death or a near fatality that is ordered under 37 Subsection [26B-1-502(6)] 26B-1-502(5). 38 (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician, places a 39 child in serious or critical condition. 40 (7) "Qualified individual" means an individual who: 41 (a) at the time that the individual dies, is a resident of a facility or program that is owned 42 or operated by the department or a division of the department; 43 (b) (i) is in the custody of the department or a division of the department; and 44 (ii) is placed in a residential placement by the department or a division of the 45 department; 46 (c) at the time that the individual dies, has an open case for the receipt of child welfare 47 services, including: 48 (i) an investigation for abuse, neglect, or dependency; 49 (ii) foster care; 50 (iii) in-home services; or 51 (iv) substitute care; 52 (d) had an open case for the receipt of child welfare services within one year before the 53 day on which the individual dies; 54 (e) was the subject of an accepted referral received by Adult Protective Services within 55 one year before the day on which the individual dies, if: 56 (i) the department or a division of the department is aware of the death; and 57 (ii) the death is reported as a homicide, suicide, or an undetermined cause; 58 (f) received services from, or under the direction of, the Division of Services for People 59 with Disabilities within one year before the day on which the individual dies[, unless 60 the individual:] ; 61 [(i) lived in the individual's home at the time of death; and] -2- Enrolled Copy H.B. 70 62 [(ii) the director of the Division of Continuous Quality and Improvement determines 63 that the death was not in any way related to services that were provided by, or 64 under the direction of, the department or a division of the department;] 65 (g) dies within 60 days after the day on which the individual is discharged from the Utah 66 State Hospital, if the department is aware of the death; 67 (h) is a child who: 68 (i) suffers a near fatality; and 69 (ii) is the subject of an open case for the receipt of child welfare services within one 70 year before the day on which the child suffered the near fatality, including: 71 (A) an investigation for abuse, neglect, or dependency; 72 (B) foster care; 73 (C) in-home services; or 74 (D) substitute care; or 75 (i) is designated as a qualified individual by the executive director. 76 (8) "Neglect" means the same as that term is defined in Section 80-1-102. 77 (9) "Substitute care" means the same as that term is defined in Section 80-1-102. 78 Section 2. Section 26B-1-502 is amended to read: 79 26B-1-502 . Initial review. 80 (1) Within seven days after the day on which the department knows that a qualified 81 individual has died or is an individual described in Subsection 26B-1-501(7)(h), a 82 person designated by the department shall: 83 (a) (i) for a death, complete a deceased client report form, created by the department; 84 or 85 (ii) for an individual described in Subsection 26B-1-501(7)(h), complete a near 86 fatality client report form, created by the department; and 87 (b) forward the completed client report form to[ ] : 88 (i) the director of the office or division that has jurisdiction over the region or facility[.] ; 89 (ii) the executive director; 90 (iii) the director of the Division of Continuous Quality and Improvement; and 91 (iv) the fatality review coordinator, or the fatality review coordinator's designee. 92 [(2) The director of the office or division described in Subsection (1) shall, upon receipt of 93 a near fatality client report form or a deceased client report form, immediately provide a 94 copy of the form to:] 95 [(a) the executive director; and] -3- H.B. 70 Enrolled Copy 96 [(b) the fatality review coordinator or the fatality review coordinator's designee.] 97 [(3)] (2) Within 10 days after the day on which the fatality review coordinator or the fatality 98 review coordinator's designee receives a copy of the near fatality client report form or 99 the deceased client report form, the fatality review coordinator or the fatality review 100 coordinator's designee shall request a copy of all relevant department case records, or 101 electronic access to all relevant department case records, regarding the individual who is 102 the subject of the client report form. 103 [(4)] (3) Each person who receives a request for a record described in Subsection [(3)] (2) 104 shall provide a copy of the record, or electronic access to the record, to the fatality 105 review coordinator or the fatality review coordinator's designee, by a secure method, 106 within seven days after the day on which the request is made. 107 [(5)] (4) Within 30 days after the day on which the fatality review coordinator or the fatality 108 review coordinator's designee receives the case records requested under Subsection [(3)] 109 (2), the fatality review coordinator, or the fatality review coordinator's designee, shall: 110 (a) review the client report form, the case files, and other relevant information received 111 by the fatality review coordinator; and 112 (b) make a recommendation to the director of the Division of Continuous Quality and 113 Improvement regarding whether a formal review of the death or near fatality should 114 be conducted. 115 [(6)] (5) (a) In accordance with Subsection [(6)(b)] (5)(b), within [seven] 14 days after the 116 day on which the fatality review coordinator or the fatality review coordinator's 117 designee makes the recommendation described in Subsection [(5)(b)] (4)(b), the 118 director of the Division of Continuous Quality and Improvement or the director's 119 designee shall determine whether to order that a review of the death or near fatality 120 be conducted. 121 (b) The director of the Division of Continuous Quality and Improvement or the director's 122 designee shall order that a formal review of the death or near fatality be conducted if: 123 (i) at the time of the near fatality or the death, the qualified individual is: 124 (A) an individual described in [Subsection 26B-1-501(6)(a) or (b)] Subsections 125 26B-1-501(7)(a) through (h), unless: 126 (I) the near fatality or the death is due to a natural cause; or 127 (II) the director of the Division of Continuous Quality and Improvement or the 128 director's designee determines that the near fatality or the death was not in 129 any way related to services that were provided by, or under the direction of, -4- Enrolled Copy H.B. 70 130 the department or a division of the department; or 131 (B) a child in foster care or substitute care, unless the near fatality or the death is 132 due to: 133 (I) a natural cause; or 134 (II) an accident; 135 (ii) it appears, based on the information provided to the director of the Division of 136 Continuous Quality and Improvement or the director's designee, that: 137 (A) a provision of law, rule, policy, or procedure relating to the qualified 138 individual or the individual's family may not have been complied with; 139 (B) the near fatality or the fatality was not responded to properly; 140 (C) a law, rule, policy, or procedure may need to be changed; or 141 (D) additional training is needed; 142 (iii) (A) the death is caused by suicide; or 143 (B) the near fatality is caused by attempted suicide; or 144 (iv) the director of the Division of Continuous Quality and Improvement or the 145 director's designee determines that another reason exists to order that a review of 146 the near fatality or the death be conducted. 147 Section 3. Section 26B-1-505 is amended to read: 148 26B-1-505 . Fatality review committee proceedings. 149 (1) A majority vote of committee members present constitutes the action of the committee. 150 (2) The department shall give the committee access to all reports, records, and other 151 documents that are relevant to the near fatality or the death under investigation, 152 including: 153 (a) narrative reports; 154 (b) case files; 155 (c) autopsy reports; and 156 (d) police reports, unless the report is protected from disclosure under Subsection 157 63G-2-305(10) or (11). 158 (3) The Utah State Hospital and the Utah State Developmental Center shall provide 159 protected health information to the committee if requested by a fatality review 160 coordinator. 161 (4) A committee shall convene [its first meeting within 14 days after the day on which a 162 formal review is ordered] monthly, unless this time is extended, for good cause, by the 163 director of the Division of Continuous Quality and Improvement. -5- H.B. 70 Enrolled Copy 164 (5) A committee may interview a staff member, a provider, or any other person who may 165 have knowledge or expertise that is relevant to the formal review. 166 (6) A committee shall render an advisory opinion regarding: 167 (a) whether the provisions of law, rule, policy, and procedure relating to the qualified 168 individual and the individual's family were complied with; 169 (b) whether the near fatality or the death was responded to properly; 170 (c) whether to recommend that a law, rule, policy, or procedure be changed; and 171 (d) whether additional training is needed. 172 Section 4. Section 26B-1-506 is amended to read: 173 26B-1-506 . Fatality review committee report -- Response to report. 174 (1) Within 20 days after the day on which the committee proceedings described in Section 175 26B-1-505 end, the committee shall submit: 176 (a) a written report to the executive director that includes: 177 (i) the advisory opinions made under Subsection 26B-1-505(6); and 178 (ii) any recommendations regarding action that should be taken in relation to an 179 employee of the department or a person who contracts with the department; and 180 (b) a copy of the report described in Subsection (1)(a) to: 181 (i) the director, or the director's designee, of the office or division to which the near 182 fatality or the death relates; and 183 (ii) the regional director, or the regional director's designee, of the region to which 184 the near fatality or the death relates[; and] . 185 [(c) a copy of the report described in Subsection (1)(a), with only identifying 186 information redacted, to the Office of Legislative Research and General Counsel.] 187 (2) Within [20] 60 days after the day on which the director described in Subsection (1)(b)(i) 188 receives a copy of the report described in Subsection (1)(a), the [director] department 189 shall provide a written response[ to the director of the Division of Continuous Quality 190 and Improvement and a copy of the response], with only identifying information 191 redacted, to the Office of Legislative Research and General Counsel, if the report: 192 (a) indicates that a law, rule, policy, or procedure was not complied with; 193 (b) indicates that the near fatality or the death was not responded to properly; 194 (c) recommends that a law, rule, policy, or procedure be changed; or 195 (d) indicates that additional training is needed. 196 (3) The response described in Subsection (2) shall include[ ] : 197 (a) a plan of action to implement any recommended improvements within the [office or -6- Enrolled Copy H.B. 70 198 division] department; and 199 (b) the approval of the executive director or the executive director's designee for the plan 200 described in Subsection (3)(a). 201 [(4) Within 30 days after the day on which the executive director receives the response 202 described in Subsection (2), the executive director, or the executive director's designee 203 shall:] 204 [(a) review the plan of action described in Subsection (3);] 205 [(b) make any written response that the executive director or the executive director's 206 designee determines is necessary;] 207 [(c) provide a copy of the written response described in Subsection (4)(b), with only 208 identifying information redacted, to the Office of Legislative Research and General 209 Counsel; and] 210 [(d) provide an unredacted copy of the response described in Subsection (4)(b) to the 211 director of the Division of Continuous Quality and Improvement.] 212 [(5)] (4) A report described in Subsection (1) and [each] the response described in [this 213 section] Subsection (2) is a protected record. 214 [(6)] (5) (a) As used in this Subsection [(6)] (5), "fatality review document" means any 215 document created in connection with, or as a result of, a formal review of a near 216 fatality or a death, or a decision whether to conduct a formal review of a near fatality 217 or a death, including: 218 (i) a report described in Subsection (1); 219 (ii) a response described in [this section] Subsection (2); 220 (iii) a recommendation regarding whether a formal review should be conducted; 221 (iv) a decision to conduct a formal review; 222 (v) notes of a person who participates in a formal review; 223 (vi) notes of a person who reviews a formal review report; 224 (vii) minutes of a formal review; 225 (viii) minutes of a meeting where a formal review report is reviewed; and 226 (ix) minutes of, documents received in relation to, and documents generated in 227 relation to, the portion of a meeting of the Health and Human Services Interim 228 Committee or the Child Welfare Legislative Oversight Panel that a formal review 229 report or a document described in this Subsection [(6)(a)] (5)(a) is reviewed or 230 discussed.