Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 422
       
       
       
       
       
                               Ì707324ÊÎ707324                          
       
       576-02005A-18                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to elder abuse fatality review teams;
    3         creating s. 415.1103, F.S.; authorizing the
    4         establishment of elder abuse fatality review teams in
    5         each judicial circuit housed, for administrative
    6         purposes only, in the Department of Elderly Affairs;
    7         providing conditions for team establishment and
    8         organization; specifying review team duties; providing
    9         review teams with access to and use of records;
   10         requiring each review team to submit an annual report
   11         by a certain date to the Department of Elderly Affairs
   12         containing specified information; requiring the
   13         department to prepare an annual report by a certain
   14         date with such information to the Governor, the
   15         Legislature, and the Department of Children and
   16         Families; exempting certain information and records
   17         from discovery; providing exceptions; prohibiting a
   18         member from testifying about information or records
   19         presented during meetings or activities of the team;
   20         providing immunity from monetary liability for members
   21         under certain conditions; prohibiting review teams and
   22         review team members from disclosing confidential
   23         information; amending s. 415.107, F.S.; requiring that
   24         elder abuse fatality review teams be granted access to
   25         certain records; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 415.1103, Florida Statutes, is created
   30  to read:
   31         415.1103 Elder abuse fatality review teams.—
   32         (1)(a) An elder abuse fatality review team may be
   33  established in each judicial circuit to review deaths of elderly
   34  persons alleged or found to have been caused by, or related to,
   35  abuse or neglect. The teams are housed, for administrative
   36  purposes only, in the Department of Elderly Affairs.
   37         (b) An elder abuse fatality review team may include, but is
   38  not limited to, representatives from the following entities
   39  within the review team’s judicial circuit:
   40         1. Law enforcement agencies;
   41         2. The state attorney;
   42         3. The medical examiner;
   43         4. A county court judge;
   44         5. Adult protective services;
   45         6. The area agency on aging;
   46         7. The State Long-Term Care Ombudsman Program;
   47         8. The Agency for Health Care Administration;
   48         9. The Office of the Attorney General;
   49         10.The Office of the State Courts Administrator;
   50         11.The clerk of the court;
   51         12.A victim services program;
   52         13.An elder law attorney;
   53         14.Emergency services personnel;
   54         15.A certified domestic violence center;
   55         16.An advocacy organization for victims of sexual
   56  violence;
   57         17.A funeral home director;
   58         18.A forensic pathologist;
   59         19.A geriatrician;
   60         20.A geriatric nurse;
   61         21.A geriatric psychiatrist or other individual licensed
   62  to offer behavioral health services;
   63         22.A hospital discharge planner;
   64         23.A public guardian; or
   65         24.Any other persons who have knowledge regarding fatal
   66  incidents of elder abuse, domestic violence, or sexual violence,
   67  including knowledge of research, policy, law, and other matters
   68  connected with such incidents involving elders or who are
   69  recommended for inclusion by the review team.
   70         (c)A person eligible under paragraph (b) may initiate the
   71  establishment of a team in his or her judicial circuit and call
   72  the first organizational meeting of the team. At the initial
   73  meeting, members of the team shall choose two members to serve
   74  as co-chairs.
   75         (d)Participation in a review team is voluntary. Members of
   76  the review team shall serve without compensation and may not be
   77  reimbursed for per diem or travel expenses.
   78         (e)Members shall serve for terms of 2 years, to be
   79  staggered as determined by the co-chairs. Chairs may be
   80  reelected by a majority of the review team but not for more than
   81  2 consecutive terms.
   82         (f)A review team shall determine the local operations of
   83  the team, including, but not limited to, the process for case
   84  selection, which must be limited to closed cases in which an
   85  elderly person’s death is verified to have been caused by abuse
   86  or neglect, and the meeting schedule, to include at least one
   87  meeting in each fiscal year.
   88         (g)Administrative costs of operating the review team shall
   89  be borne by the team members or entities whom they represent.
   90         (2) An elder abuse fatality review team must do all of the
   91  following:
   92         (a) Review deaths of elderly persons in its judicial
   93  circuit alleged or found to have been caused by, or related to,
   94  abuse or neglect.
   95         (b) Consider the events leading up to a fatal incident,
   96  available community resources, current law and policies, and the
   97  actions taken by systems and individuals related to the fatal
   98  incident.
   99         (c) Identify gaps, deficiencies, or problems in the
  100  delivery of services to elderly persons by public and private
  101  agencies which may be related to deaths reviewed by the team.
  102         (d) Whenever possible, develop a communitywide approach to
  103  address causes of, and contributing factors to, deaths reviewed
  104  by the team.
  105         (e) Develop practice standards and recommend changes in
  106  law, rules, and policies to support the care of elderly persons
  107  and prevent elder abuse deaths.
  108         (3)(a)Upon written request from a co-chair of a review
  109  team, the following information or records pertaining to an
  110  elderly person whose death is being reviewed by the team shall
  111  be disclosed:
  112         1. Information and records held by a criminal justice
  113  agency, as defined in s. 119.011(4), not including active
  114  criminal intelligence or investigative information, as defined
  115  in s. 119.011(3).
  116         2. Information and records from Adult Protective Services
  117  pursuant to s. 415.107(3)(m).
  118         3. An autopsy report from the Medical Examiner’s Office,
  119  not including materials protected under s. 406.135.
  120         (b)Review teams may share with each other any relevant
  121  information that pertains to the review of the death of an
  122  elderly person.
  123         (c)A team member may not contact, interview, or obtain
  124  information by request directly from a member of the deceased
  125  elder’s family as part of the review, unless a team member is
  126  authorized to do so in the course of his or her employment
  127  duties. A member of the deceased elder’s family may voluntarily
  128  provide records or information to a review team.
  129         (4)(a) By September 1 of each year, each review team shall
  130  submit a report to the Department of Elderly Affairs, including,
  131  but not limited to:
  132         1. Descriptive statistics regarding cases reviewed by the
  133  review team, including demographic information regarding victims
  134  and caregivers, and the causes and nature of deaths;
  135         2. Current policies, procedures, rules, or statutes that
  136  the review team identified as contributing to the incidence of
  137  elder abuse and elder deaths, and recommendations for system
  138  improvement and needed resources, training, or information
  139  dissemination to address those identified issues;
  140         3. Any other recommendations to prevent deaths from elder
  141  abuse, based on an analysis of the data and information
  142  presented in the report; and
  143         4. Any steps taken by the review team and public and
  144  private agencies to implement necessary changes and improve the
  145  coordination of services and reviews.
  146         (b)By November 1 of each year, the Department of Elderly
  147  Affairs shall prepare a summary report of the information
  148  required by paragraph (a), which shall be provided to the
  149  Governor, the President of the Senate, the Speaker of the House
  150  of Representatives, and the Department of Children and Families.
  151         (5)Information and records acquired by an elder abuse
  152  fatality review team are not subject to discovery or
  153  introduction into evidence in any civil or criminal action or
  154  administrative or disciplinary proceeding by any state or local
  155  government department or agency if the information or records
  156  arose out of the matters that are the subject of review by a
  157  review team, unless the information and records are not
  158  discoverable from any other source. Information and records that
  159  are available from other sources are not immune from discovery
  160  or introduction into evidence solely because the information,
  161  documents, or records were presented to or reviewed by a review
  162  team.
  163         (6)A person who has attended a meeting of the review team
  164  or who has otherwise participated in the activities authorized
  165  by this section may not be allowed or required to testify in any
  166  civil, criminal, administrative, or disciplinary proceeding as
  167  to any records or information produced or presented to a team
  168  during a meeting or other activity authorized by this section,
  169  unless such testimony is necessary to determine the records or
  170  information that was available to the fatality review team.
  171  However, this paragraph does not prevent any person who
  172  testifies before the team or who is a member of the team from
  173  testifying as to matters otherwise within his or her knowledge.
  174         (7)There is no monetary liability on the part of, and a
  175  cause of action for damages may not arise against, any member of
  176  an elder abuse fatality review team in the performance of his or
  177  her duties as a review team member in regard to any discussions
  178  by, or deliberations or recommendations of, the team or the
  179  member, unless such member acted in bad faith, with wanton and
  180  willful disregard of human rights, safety, or property.
  181         (8) Elder abuse fatality review teams and their members may
  182  not disclose any information that is confidential pursuant to
  183  law.
  184         Section 2. Paragraph (m) is added to subsection (3) of
  185  section 415.107, Florida Statutes, to read:
  186         415.107 Confidentiality of reports and records.—
  187         (3) Access to all records, excluding the name of the
  188  reporter which shall be released only as provided in subsection
  189  (6), shall be granted only to the following persons, officials,
  190  and agencies:
  191         (m) An elder abuse fatality review team established under
  192  s. 415.1103(1) that is reviewing the death of an elderly person.
  193         Section 3. This act shall take effect July 1, 2018.