Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 452 Ì229654?Î229654 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/19/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (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. The review teams are housed, for 12 administrative purposes only, in the Department of Elderly 13 Affairs. 14 (b) An elder abuse fatality review team may include, but is 15 not limited to, representatives from the following entities in 16 the review team’s judicial circuit: 17 1. Law enforcement agencies; 18 2. The state attorney; 19 3. The medical examiner; 20 4. A county court judge; 21 5. Adult protective services; 22 6. The area agency on aging; 23 7. The State Long-Term Care Ombudsman Program; 24 8. The Agency for Health Care Administration; 25 9. The Office of the Attorney General; 26 10. The Office of the State Courts Administrator; 27 11. The clerk of the court; 28 12. A victim services program; 29 13. An elder law attorney; 30 14. Emergency services personnel; 31 15. A certified domestic violence center; 32 16. An advocacy organization for victims of sexual 33 violence; 34 17. A funeral home director; 35 18. A forensic pathologist; 36 19. A geriatrician; 37 20. A geriatric nurse; 38 21. A geriatric psychiatrist or other individual licensed 39 to offer behavioral health services; 40 22. A hospital discharge planner; 41 23. A public guardian; or 42 24. Any other persons who have knowledge regarding fatal 43 incidents of elder abuse, domestic violence, or sexual violence, 44 including knowledge of research, policy, law, and other matters 45 connected with such incidents involving elders, or who are 46 recommended for inclusion by the review team. 47 (c) A state attorney, or his or her designee, may initiate 48 the establishment of a review team in his or her judicial 49 circuit and may call the first organizational meeting of the 50 team. At the initial meeting, members of the review team shall 51 choose two members to serve as co-chairs and shall establish a 52 schedule for future meetings. 53 (d) Participation in a review team is voluntary. Members of 54 the review team shall serve without compensation and may not be 55 reimbursed for per diem or travel expenses. 56 (e) Members shall serve for terms of 2 years, to be 57 staggered as determined by the co-chairs. Chairs may be 58 reelected by a majority vote of the review team but not for more 59 than two 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. Reviews must be limited to closed cases in which an 63 elderly person’s death is verified by the state attorney to have 64 been caused by abuse or neglect. All identifying information 65 concerning the person must be redacted in documents received for 66 review. The review team shall meet at least once each fiscal 67 year. 68 (g) Administrative costs of operating the review team must 69 be borne by the team members or entities that they represent. 70 (2) An elder abuse fatality review team in existence on 71 July 1, 2019, may continue to exist and shall comply with the 72 requirements created in this section. 73 (3) An elder abuse fatality review team shall do all of the 74 following: 75 (a) Review deaths of elderly persons in its judicial 76 circuit alleged or found to have been caused by, or related to, 77 abuse or neglect. 78 (b) Consider the events leading up to a fatal incident, 79 available community resources, current law and policies, and the 80 actions taken by systems or individuals related to the fatal 81 incident. 82 (c) Identify potential gaps, deficiencies, or problems in 83 the delivery of services to elderly persons by public and 84 private agencies which may be related to deaths reviewed by the 85 review team. 86 (d) Whenever possible, develop communitywide approaches to 87 address causes of, and contributing factors to, deaths reviewed 88 by the review team. 89 (e) Develop recommendations and potential changes in law, 90 rules, and policies to support the care of elderly persons and 91 to prevent elder abuse deaths. 92 (4)(a) Review teams in this state may share with each other 93 any relevant information that pertains to the review of the 94 death of an elderly person. 95 (b) A review team member may not contact, interview, or 96 obtain information by request directly from a member of the 97 deceased elder’s family as part of the review unless a team 98 member is authorized to do so in the course of his or her 99 employment duties. A member of the deceased elder’s family may 100 voluntarily provide information or records to a review team. 101 (5)(a) Annually by September 1, each elder abuse fatality 102 review team shall submit a summary report to the Department of 103 Elderly Affairs which includes, but is not limited to: 104 1. Descriptive statistics regarding cases reviewed by the 105 review team, including demographic information on victims and 106 the causes and nature of deaths; 107 2. Current policies, procedures, rules, or statutes that 108 the review team identified as contributing to the incidence of 109 elder abuse and elder deaths, and recommendations for system 110 improvements and needed resources, training, or information 111 dissemination to address those identified issues; 112 3. Any other recommendations to prevent deaths from elder 113 abuse or neglect, based on an analysis of the data and 114 information presented in the report; and 115 (b) Annually by November 1, the Department of Elderly 116 Affairs shall prepare a summary report of the review team 117 information required under paragraph (a). The department shall 118 provide the summary report to the Governor, the President of the 119 Senate, the Speaker of the House of Representatives, and the 120 Department of Children and Families. 121 (6) Information and records acquired by an elder abuse 122 fatality review team are not subject to discovery or 123 introduction into evidence in any civil or criminal action or 124 administrative or disciplinary proceeding by any state or local 125 government department or agency if the information or records 126 arose out of the matters that are the subject of review by a 127 review team, unless the information and records are not 128 discoverable from any other source. Information and records that 129 are available from other sources are not immune from discovery 130 or introduction into evidence solely because the information, 131 documents, or records were presented to or reviewed by a review 132 team. 133 (7) A person who has attended a meeting of an elder abuse 134 fatality review team or who has otherwise participated in the 135 activities authorized by this section may not be allowed or 136 required to testify in any civil, criminal, administrative, or 137 disciplinary proceeding as to any information or records 138 produced or presented to the review team during a meeting or 139 other activity authorized by this section, unless such testimony 140 is necessary to determine the information or records that were 141 available to the review team. However, this paragraph does not 142 prevent any person who testifies before the team or who is a 143 member of the team from testifying as to matters otherwise 144 within his or her knowledge. 145 (8) There is no monetary liability on the part of, and a 146 cause of action for damages may not arise against, any member of 147 an elder abuse fatality review team due to the performance of 148 his or her duties as a review team member in regard to any 149 discussions by, or deliberations or recommendations of, the team 150 or the member, unless such member acted in bad faith, with 151 wanton and willful disregard of human rights, safety, or 152 property. 153 (9) Elder abuse fatality review teams and their members may 154 not disclose any information that is confidential pursuant to 155 law. 156 Section 2. This act shall take effect July 1, 2019. 157 158 ================= T I T L E A M E N D M E N T ================ 159 And the title is amended as follows: 160 Delete everything before the enacting clause 161 and insert: 162 A bill to be entitled 163 An act relating to elder abuse fatality review teams; 164 creating s. 415.1103, F.S.; authorizing the 165 establishment of elder abuse fatality review teams in 166 each judicial circuit and housing the review teams, 167 for administrative purposes only, in the Department of 168 Elderly Affairs; providing conditions for review team 169 membership, establishment, and organization; 170 specifying requirements for the review team operations 171 and meeting schedules; assigning responsibility for 172 paying the administrative costs of review team 173 operations to the team members or the entities they 174 represent; authorizing elder abuse fatality review 175 teams in existence on a certain date to continue; 176 requiring such existing teams to comply with specified 177 requirements; specifying review team duties; requiring 178 each review team to submit annually a summary report 179 by a certain date to the Department of Elderly Affairs 180 containing specified information; requiring the 181 department to prepare annually a summary report on the 182 review teams’ information and submit the summary to 183 the Governor, the Legislature, and the Department of 184 Children and Families; exempting certain information 185 and records from discovery; providing an exception; 186 restricting the testimony of certain persons about 187 information or records presented during meetings or 188 activities of the review teams; providing immunity 189 from monetary liability for review team members under 190 certain conditions; prohibiting review teams and 191 review team members from disclosing confidential 192 information; providing an effective date.