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.