Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 422 Ì634064#Î634064 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/11/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Health and Human Services (Gibson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 415.1103, Florida Statutes, is created 6 to read: 7 415.1103 Elder abuse fatality review teams.— 8 (1)(a) An elder abuse fatality review team may be 9 established in each judicial circuit to review deaths of elderly 10 persons alleged or found to have been caused by, or related to, 11 abuse or neglect. 12 (b) An elder abuse fatality review team may include, but is 13 not limited to, representatives from the following entities 14 within the review team’s judicial circuit: 15 1. Law enforcement agencies; 16 2. The state attorney; 17 3. The medical examiner; 18 4. A county court judge; 19 5. Adult protective services; 20 6. The area agency on aging; 21 7. The State Long-Term Care Ombudsman Program; 22 8. The Agency for Health Care Administration; 23 9. The Office of the Attorney General; 24 10. The Office of the State Courts Administrator; 25 11. The clerk of the court; 26 12. A victim services program; 27 13. An elder law attorney; 28 14. Emergency services personnel; 29 15. A certified domestic violence center; 30 16. An advocacy organization for victims of sexual 31 violence; 32 17. A funeral home director; 33 18. A forensic pathologist; 34 19. A geriatrician; 35 20. A geriatric nurse; 36 21. A geriatric psychiatrist or other individual licensed 37 to offer behavioral health services; 38 22. A hospital discharge planner; 39 23. A public guardian; or 40 24. Any other persons who have knowledge regarding fatal 41 incidents of elder abuse, domestic violence, or sexual violence, 42 including knowledge of research, policy, law, and other matters 43 connected with such incidents involving elders or who are 44 recommended for inclusion by the review team. 45 (c) A person eligible under paragraph (b) may initiate the 46 establishment of a team in his or her judicial circuit and call 47 the first organizational meeting of the team. The executive 48 director of the local area agency on aging shall appoint the 49 members of the team. At the initial meeting, members of the team 50 shall choose two members to serve as co-chairs. 51 (d) Participation in a review team is voluntary. Members of 52 the review team shall serve without compensation and may not be 53 reimbursed for per diem or travel expenses. 54 (e) Members shall serve for terms of 2 years, to be 55 staggered as determined by the co-chairs. Members may be 56 reappointed by the executive director of the local area agency 57 on aging but not for more than 3 consecutive terms. Chairs may 58 be reelected by a majority of the review team but not for more 59 than 2 consecutive terms. 60 (f) A review team shall determine the local operations of 61 the team, including, but not limited to, the process for case 62 selection, which shall be limited to closed cases, and the 63 meeting schedule, to include at least one meeting in each fiscal 64 year. 65 (g) Administrative costs of operating the review team shall 66 be borne by the team members or entities whom they represent. 67 (2) An elder abuse fatality review team must do all of the 68 following: 69 (a) Review deaths of elderly persons in its judicial 70 circuit alleged or found to have been caused by, or related to, 71 abuse or neglect. 72 (b) Consider the events leading up to a fatal incident, 73 available community resources, current law and policies, and the 74 actions taken by systems and individuals related to the fatal 75 incident. 76 (c) Identify gaps, deficiencies, or problems in the 77 delivery of services to elderly persons by public and private 78 agencies which may be related to deaths reviewed by the team. 79 (d) Whenever possible, develop a communitywide approach to 80 address causes of and contributing factors to deaths reviewed by 81 the team. 82 (e) Develop practice standards and recommend changes in 83 law, rules, and policies to support the care of elderly persons 84 and prevent elder abuse deaths. 85 (f) Implement such recommendations and practice standards 86 to the extent possible. 87 (3)(a) Upon written request from a co-chair of a review 88 team, the following information or records pertaining to an 89 elderly person whose death is being reviewed by the team shall 90 be disclosed: 91 1. Information and records held by a criminal justice 92 agency, as defined in s. 119.011(4), not including active 93 criminal intelligence or investigative information, as defined 94 in s. 119.011(3). 95 2. Information and records from Adult Protective Services 96 pursuant to s. 415.107(3)(m). 97 3. An autopsy report from the Medical Examiner’s Office, 98 not including materials protected under s. 406.135. 99 (b) Review teams may share with each other any relevant 100 information that pertains to the review of the death of an 101 elderly person. 102 (c) A team member may not contact, interview, or obtain 103 information by request directly from a member of the deceased 104 elder’s family as part of the review, unless a team member is 105 authorized to do so in the course of his or her employment 106 duties. A member of the deceased elder’s family may voluntarily 107 provide records or information to a review team. 108 (4)(a) By September 1 of each year, each review team shall 109 submit a report to the Department of Elderly Affairs, including, 110 but not limited to: 111 1. Descriptive statistics regarding cases reviewed by the 112 review team, including demographic information regarding victims 113 and caregivers, and the causes and nature of deaths; 114 2. Current policies, procedures, rules, or statutes that 115 the review team identified as contributing to the incidence of 116 elder abuse and elder deaths, and recommendations for system 117 improvement and needed resources, training, or information 118 dissemination to address those identified issues; 119 3. Any other recommendations to prevent deaths from elder 120 abuse, based on an analysis of the data and information 121 presented in the report; and 122 4. Any steps taken by the review team and public and 123 private agencies to implement necessary changes and improve the 124 coordination of services and reviews. 125 (b) By November 1 of each year, the Department of Elderly 126 Affairs shall prepare a summary report of the information 127 required by paragraph (a), which shall be provided to the 128 Governor, the President of the Senate, the Speaker of the House 129 of Representatives, and the Department of Children and Families. 130 (5) Information and records acquired by an elder abuse 131 fatality review team are not subject to discovery or 132 introduction into evidence in any civil or criminal action or 133 administrative or disciplinary proceeding by any state or local 134 government department or agency if the information or records 135 arose out of the matters that are the subject of review by a 136 review team, unless the information and records are not 137 discoverable from any other source. Information and records that 138 are available from other sources are not immune from discovery 139 or introduction into evidence solely because the information, 140 documents, or records were presented to or reviewed by a review 141 team. 142 (6) A person who has attended a meeting of the review team 143 or who has otherwise participated in the activities authorized 144 by this section may not be allowed or required to testify in any 145 civil, criminal, administrative, or disciplinary proceeding as 146 to any records or information produced or presented to a team 147 during a meeting or other activity authorized by this section, 148 unless such testimony is necessary to determine the records or 149 information that was available to the fatality review team. 150 However, this paragraph does not prevent any person who 151 testifies before the team or who is a member of the team from 152 testifying as to matters otherwise within his or her knowledge. 153 (7) There is no monetary liability on the part of, and a 154 cause of action for damages may not arise against, any member of 155 an elder abuse fatality review team in the performance of his or 156 her duties as a review team member in regard to any discussions 157 by, or deliberations or recommendations of, the team or the 158 member, unless such member acted in bad faith, with wanton and 159 willful disregard of human rights, safety, or property. 160 (8) Elder abuse fatality review teams and their members may 161 not disclose any information that is confidential pursuant to 162 law. 163 Section 2. Paragraph (m) is added to subsection (3) of 164 section 415.107, Florida Statutes, to read: 165 415.107 Confidentiality of reports and records.— 166 (3) Access to all records, excluding the name of the 167 reporter which shall be released only as provided in subsection 168 (6), shall be granted only to the following persons, officials, 169 and agencies: 170 (m) An elder abuse fatality review team established under 171 s. 415.1103(1) that is reviewing the death of an elderly person. 172 Section 3. This act shall take effect July 1, 2018. 173 174 ================= T I T L E A M E N D M E N T ================ 175 And the title is amended as follows: 176 Delete everything before the enacting clause 177 and insert: 178 A bill to be entitled 179 An act relating to elder abuse fatality review teams; 180 creating s. 415.1103, F.S.; authorizing the 181 establishment of elder abuse fatality review teams in 182 each judicial circuit; providing conditions for team 183 establishment and organization; specifying review team 184 duties; providing review teams with access to and use 185 of records; requiring each review team to submit an 186 annual report by a certain date to the Department of 187 Elderly Affairs containing specified information; 188 requiring the department to prepare an annual report 189 by a certain date with such information to the 190 Governor, the Legislature, and the Department of 191 Children and Families; exempting certain information 192 and records from discovery; providing exceptions; 193 prohibiting a member from testifying about information 194 or records presented during meetings or activities of 195 the team; providing immunity from monetary liability 196 for members under certain conditions; prohibiting 197 review teams and review team members from disclosing 198 confidential information; amending s. 415.107, F.S.; 199 requiring that elder abuse fatality review teams be 200 granted access to certain records; providing an 201 effective date.