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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 4. EXECUTIVE BRANCH |
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Subtitle I. HEALTH AND HUMAN SERVICES |
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Chapter 531. HEALTH AND HUMAN SERVICES COMMISSION |
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Subchapter U. MORTALITY REVIEW FOR CERTAIN INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES |
Sec. 531.851. MORTALITY REVIEW
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(a) The executive commissioner shall establish an independent mortality review system to review the death of a person with a developmental disability who, at the time of the person's death:
(1) resided in or received services from:
(A) an intermediate care facility for persons with mental retardation (ICF-MR) operated or licensed by the Department of Aging and Disability Services or a community center; or
(B) the ICF-MR component of the Rio Grande State Center; or
(2) received residential assistance through a Section 1915(c) waiver program serving individuals who are eligible for ICF-MR services in a residence in which residential assistance is provided to three or more persons and in which the waiver program provider has a property interest.
(b) A review under this subchapter must be conducted in addition to any review conducted by the facility in which the person resided or the facility, agency, or provider from which the person received services. A review under this subchapter must be conducted after any investigation of alleged or suspected abuse, neglect, or exploitation is completed.
(c) The executive commissioner shall contract with a patient safety organization certified in accordance with 42 C.F.R. Part 3, as effective on January 19, 2009, to conduct independent mortality reviews required by this subchapter. The contract must require the patient safety organization to conduct an independent mortality review using a team consisting of:
(1) a physician with expertise regarding the medical treatment of individuals with mental retardation;
(2) a registered nurse with expertise regarding the medical treatment of individuals with mental retardation;
(3) a clinician or other professional with expertise in the delivery of services and supports for individuals with mental retardation; and
(4) any other appropriate person as provided by the executive commissioner.
(d) The executive commissioner shall adopt rules regarding the manner in which the death of a person described by Subsection (a) must be reported to the patient safety organization by a facility or waiver program provider described by that subsection.
(e) To ensure consistency across mortality review systems, a review under this section must collect information consistent with the information required to be collected by any other independent mortality review process established specifically for persons with mental retardation.