Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 261 (2019GS)

Sponsor

Rep. Hawkins, J.

Final action

Governor Signed 3/22/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Office of Quality and Design within the Department of Human Services;
• establishes the powers and duties of the Office of Quality and Design;
• deletes provisions relating to the Office of Services Review; and
• makes technical changes.

Every vote on this bill

Bill text

OFFICE OF QUALITY AND DESIGN
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
General Description:
This bill creates the Office of Quality and Design within the Department of Human
Services.
Highlighted Provisions:
This bill:
▸ creates the Office of Quality and Design within the Department of Human Services;
▸ establishes the powers and duties of the Office of Quality and Design;
▸ deletes provisions relating to the Office of Services Review; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-1-105
, as last amended by Laws of Utah 2016, Chapter 300
62A-4a-202.6
, as last amended by Laws of Utah 2018, Chapter 415
62A-16-102
, as enacted by Laws of Utah 2010, Chapter 239
62A-16-201
, as last amended by Laws of Utah 2011, Chapter 343
62A-16-204
, as last amended by Laws of Utah 2013, Chapter 445
62A-16-301
, as last amended by Laws of Utah 2011, Chapter 343
ENACTS:
62A-18-101
, Utah Code Annotated 1953
62A-18-102
, Utah Code Annotated 1953
62A-18-103
, Utah Code Annotated 1953
62A-18-104
, Utah Code Annotated 1953
62A-18-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-1-105
 is amended to read:
62A-1-105.
Creation of boards, divisions, and offices.
(1) The following policymaking boards are created within the Department of Human
Services:
(a) the Board of Aging and Adult Services;
(b) the Board of Juvenile Justice Services; and
(c) the Utah State Developmental Center Board.
(2) The following divisions are created within the Department of Human Services:
(a) the Division of Aging and Adult Services;
(b) the Division of Child and Family Services;
(c) the Division of Services for People with Disabilities;
(d) the Division of Substance Abuse and Mental Health; and
(e) the Division of Juvenile Justice Services.
(3) The following offices are created within the Department of Human Services:
(a) the Office of Licensing;
(b) the Office of Public Guardian; [
and
]
(c) the Office of Recovery Services[
.
]
; and
(d) the Office of Quality and Design.
Section 2. Section 
62A-4a-202.6
 is amended to read:
62A-4a-202.6.
Conflict child protective services investigations -- Authority of
investigators.
(1) (a) The [
division
] 
department, through the Office of Quality and Design,
 shall
[
contract with
] 
conduct
 an independent child protective service [
investigator from the private
sector
] 
investigation
 to investigate reports of abuse or neglect of a child that occur while the
child is in the custody of the division.
[
(b) The executive director shall designate an entity within the department, other than
the division, to monitor the contract for the investigators described in Subsection (1)(a).
]
[
(c) Subject to Subsection (4), when
]
(b) When
 a report is made that a child is abused or neglected while in the custody of
the division:
(i) the attorney general may, in accordance with Section 
67-5-16
, and with the consent
of the division, employ a child protective services investigator to conduct a conflict
investigation of the report; or
(ii) a law enforcement officer, as defined in Section 
53-13-103
, may, with the consent
of the division, conduct a conflict investigation of the report.
[
(d)
] 
(c)
 Subsection [
(1)(c)(ii)
] 
(1)(b)(ii)
 does not prevent a law enforcement officer
from, without the consent of the division, conducting a criminal investigation of abuse or
neglect under Title 53, Public Safety Code.
(2) The investigators described in Subsections [
(1)(c) and (d)
] 
(1)(b) and (c)
 may also
investigate allegations of abuse or neglect of a child by a department employee or a licensed
substitute care provider.
(3) The investigators described in Subsection (1), if not peace officers, shall have the
same rights, duties, and authority of a child protective services investigator employed by the
division to:
(a) make a thorough investigation upon receiving either an oral or written report of
alleged abuse or neglect of a child, with the primary purpose of that investigation being the
protection of the child;
(b) make an inquiry into the child's home environment, emotional, or mental health, the
nature and extent of the child's injuries, and the child's physical safety;
(c) make a written report of their investigation, including determination regarding
whether the alleged abuse or neglect was substantiated, unsubstantiated, or without merit, and
forward a copy of that report to the division within the time mandates for investigations
established by the division; and
(d) immediately consult with school authorities to verify the child's status in
accordance with Sections 
53G-6-201
 through 
53G-6-206
 when a report is based upon or
includes an allegation of educational neglect.
[
(4) If there is a lapse in the contract with a private child protective service investigator
and no other investigator is available under Subsection (1)(a) or (c), the department may
conduct an independent investigation.
]
Section 3. Section 
62A-16-102
 is amended to read:
62A-16-102.
Definitions.
(1) "Committee" means a fatality review committee, formed under Section 
62A-16-202
or 
62A-16-203
.
(2) "Qualified individual" means an individual who:
(a) at the time that the individual dies, is a resident of a facility or program that is
owned or operated by the department or a division of the department;
(b) (i) is in the custody of the department or a division of the department; and
(ii) is placed in a residential placement by the department or a division of the
department;
(c) at the time that the individual dies, has an open case for the receipt of child welfare
services, including:
(i) an investigation for abuse, neglect, or dependency;
(ii) foster care;
(iii) in-home services; or
(iv) substitute care;
(d) had an open case for the receipt of child welfare services within one year
immediately preceding the day on which the individual dies;
(e) was the subject of an accepted referral received by Adult Protective Services within
one year immediately preceding the day on which the individual dies, if:
(i) the department or a division of the department is aware of the death; and
(ii) the death is reported as a homicide, suicide, or an undetermined cause;
(f) received services from, or under the direction of, the Division of Services for People
with Disabilities within one year immediately preceding the day on which the individual dies,
unless the individual:
(i) lived in the individual's home at the time of death; and
(ii) the director of the Office of [
Services Review
] 
Quality and Design
 determines that
the death was not in any way related to services that were provided by, or under the direction
of, the department or a division of the department;
(g) dies within 60 days after the day on which the individual is discharged from the
Utah State Hospital, if the department is aware of the death; or
(h) is designated as a qualified individual by the executive director.
Section 4. Section 
62A-16-201
 is amended to read:
62A-16-201.
Initial review.
(1) Within seven days after the day on which the department knows that a qualified
individual has died, a person designated by the department shall:
(a) complete a deceased client report form, created by the department; and
(b) forward the completed client report form to the director of the office or division
that has jurisdiction over the region or facility.
(2) The director of the office or division described in Subsection (1) shall, upon receipt
of a deceased client report form, immediately provide a copy of the form to:
(a) the executive director; and
(b) the fatality review coordinator or the fatality review coordinator's designee.
(3) Within 10 days after the day on which the fatality review coordinator or the fatality
review coordinator's designee receives a copy of the deceased client report form, the fatality
review coordinator or the fatality review coordinator's designee shall request a copy of all
relevant department case records regarding the individual who is the subject of the deceased
client report form.
(4) Each person who receives a request for a record described in Subsection (3) shall
provide a copy of the record to the fatality review coordinator or the fatality review
coordinator's designee, by a secure method, within seven days after the day on which the
request is made.
(5) Within 30 days after the day on which the fatality review coordinator or the fatality
review coordinator's designee receives the case records requested under Subsection (3), the
fatality review coordinator, or the fatality review coordinator's designee, shall:
(a) review the deceased client report form, the case files, and other relevant
information received by the fatality review coordinator; and
(b) make a recommendation to the director of the Office of [
Services Review
] 
Quality
and Design
 regarding whether a formal fatality review should be conducted.
(6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
the fatality review coordinator or the fatality review coordinator's designee makes the
recommendation described in Subsection (5)(b), the director of the Office of [
Services Review
]
Quality and Design
 or the director's designee shall determine whether to order that a formal
fatality review be conducted.
(b) The director of the Office of [
Services Review
] 
Quality and Design
 or the director's
designee shall order that a formal fatality review be conducted if:
(i) at the time of death, the qualified individual is:
(A) an individual described in Subsection 
62A-16-102
(2)(a) or (b), unless:
(I) the death is due to a natural cause; or
(II) the director of the Office of [
Services Review
] 
Quality and Design
 or the director's
designee determines that the death was not in any way related to services that were provided
by, or under the direction of, the department or a division of the department; or
(B) a child in foster care or substitute care, unless the death is due to:
(I) a natural cause; or
(II) an accident;
(ii) it appears, based on the information provided to the director of the Office of
[
Services Review
] 
Quality and Design
 or the director's designee, that:
(A) a provision of law, rule, policy, or procedure relating to the deceased individual or
the deceased individual's family may not have been complied with;
(B) the fatality was not responded to properly;
(C) a law, rule, policy, or procedure may need to be changed; or
(D) additional training is needed;
(iii) the death is caused by suicide; or
(iv) the director of the Office of [
Services Review
] 
Quality and Design
 or the director's
designee determines that another reason exists to order that a formal fatality review be
conducted.
Section 5. Section 
62A-16-204
 is amended to read:
62A-16-204.
Fatality Review Committee proceedings.
(1) A majority vote of committee members present constitutes the action of the
committee.
(2) The department shall give the committee access to all reports, records, and other
documents that are relevant to the fatality under investigation, including:
(a) narrative reports;
(b) case files;
(c) autopsy reports; and
(d) police reports, unless the report is protected from disclosure under Subsection
63G-2-305
(10) or (11).
(3) The Utah State Hospital and the Utah State Developmental Center shall provide
protected health information to the committee if requested by a fatality review coordinator.
(4) A committee shall convene its first meeting within 14 days after the day on which a
formal fatality review is ordered under Subsection 
62A-16-201
(6), unless this time is extended,
for good cause, by the director of the Office of [
Services Review
] 
Quality and Design
.
(5) A committee may interview a staff member, a provider, or any other person who
may have knowledge or expertise that is relevant to the fatality review.
(6) A committee shall render an advisory opinion regarding:
(a) whether the provisions of law, rule, policy, and procedure relating to the deceased
individual and the deceased individual's family were complied with;
(b) whether the fatality was responded to properly;
(c) whether to recommend that a law, rule, policy, or procedure be changed; and
(d) whether additional training is needed.
Section 6. Section 
62A-16-301
 is amended to read:
62A-16-301.
Fatality review committee report -- Response to report.
(1) Within 20 days after the day on which the committee proceedings described in
Section 
62A-16-204
 end, the committee shall submit:
(a) a written report to the executive director that includes:
(i) the advisory opinions made under Subsection 
62A-16-204
(6); and
(ii) any recommendations regarding action that should be taken in relation to an
employee of the department or a person who contracts with the department;
(b) a copy of the report described in Subsection (1)(a) to:
(i) the director, or the director's designee, of the office or division to which the fatality
relates; and
(ii) the regional director, or the regional director's designee, of the region to which the
fatality relates; and
(c) a copy of the report described in Subsection (1)(a), with only identifying
information redacted, to the Office of Legislative Research and General Counsel.
(2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)
receives a copy of the report described in Subsection (1)(a), the director shall provide a written
response to the director of the Office of [
Services Review
] 
Quality and Design
 and a copy of
the response, with only identifying information redacted, to the Office of Legislative Research
and General Counsel, if the report:
(a) indicates that a law, rule, policy, or procedure was not complied with;
(b) indicates that the fatality was not responded to properly;
(c) recommends that a law, rule, policy, or procedure be changed; or
(d) indicates that additional training is needed.
(3) The response described in Subsection (2) shall include a plan of action to
implement any recommended improvements within the office or division.
(4) Within 30 days after the day on which the executive director receives the response
described in Subsection (2), the executive director, or the executive director's designee shall:
(a) review the plan of action described in Subsection (3);
(b) make any written response that the executive director or the executive director's
designee determines is necessary;
(c) provide a copy of the written response described in Subsection (4)(b), with only
identifying information redacted, to the Office of Legislative Research and General Counsel;
and
(d) provide an unredacted copy of the response described in Subsection (4)(b) to the
director of the Office of [
Services Review
] 
Quality and Design
.
(5) A report described in Subsection (1) and each response described in this section is a
protected record.
(6) (a) As used in this Subsection (6), "fatality review document" means any document
created in connection with, or as a result of, a fatality review or a decision whether to conduct a
fatality review, including:
(i) a report described in Subsection (1);
(ii) a response described in this section;
(iii) a recommendation regarding whether a fatality review should be conducted;
(iv) a decision to conduct a fatality review;
(v) notes of a person who participates in a fatality review;
(vi) notes of a person who reviews a fatality review report;
(vii) minutes of a fatality review;
(viii) minutes of a meeting where a fatality review report is reviewed; and
(ix) minutes of, documents received in relation to, and documents generated in relation
to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
Welfare Legislative Oversight Panel that a fatality review report or a document described in
this Subsection (6)(a) is reviewed or discussed.
(b) A fatality review document is not subject to discovery, subpoena, or similar
compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
or organization with lawful access to the data be compelled to testify with regard to a report
described in Subsection (1) or a response described in this section.
(c) The following are not admissible as evidence in a civil, judicial, or administrative
proceeding:
(i) a fatality review document; and
(ii) an executive summary described in Subsection 
62A-16-302
(4).
Section 7. Section 
62A-18-101
 is enacted to read:
CHAPTER 18. OFFICE OF QUALITY AND DESIGN
 62A-18-101.
Title.
This chapter is known as the "Office of Quality and Design."
Section 8. Section 
62A-18-102
 is enacted to read:
 62A-18-102.
Definitions.
As used in this chapter:
(1) "Director" means the director of the office.
(2) "Office" means the Office of Quality and Design.
Section 9. Section 
62A-18-103
 is enacted to read:
 62A-18-103.
Office of Quality and Design -- Creation.
(1) There is created within the department the Office of Quality and Design.
(2) The office is under the administrative and general supervision of the executive
director.
Section 10. Section 
62A-18-104
 is enacted to read:
 62A-18-104.
Director of the office -- Appointment -- Qualifications.
(1) The executive director shall appoint a director of the office.
(2) The director shall have a bachelor's degree from an accredited university or college,
be experienced in administration, and be knowledgeable about human services programs.
(3) The director is the administrative head of the office.
Section 11. Section 
62A-18-105
 is enacted to read:
 62A-18-105.
Powers and duties of the office.
The office shall:
(1) monitor and evaluate the quality of services provided by the department including:
(a) in accordance with Title 62A, Chapter 16, Fatality Review Act, monitoring,
reviewing, and making recommendations relating to a fatality review;
(b) overseeing the duties of the child protection ombudsman appointed under Section
62A-4a-208
; and
(c) conducting internal evaluations of the quality of services provided by the
department and service providers contracted with the department;
(2) conduct investigations described in Section 
62A-4a-202.6
; and
(3) assist the department in developing an integrated human services system and
implementing a system of care by:
(a) designing and implementing a comprehensive continuum of services for individuals
who receive services from the department or a service provider contracted with the department;
(b) establishing and maintaining department contracts with public and private service
providers;
(c) establishing standards for the use of service providers who contract with the
department;
(d) coordinating a service provider network to be used within the department to ensure
individuals receive the appropriate type of services;
(e) centralizing the department's administrative operations; and
(f) integrating, analyzing, and applying department-wide data and research to monitor
the quality, effectiveness, and outcomes of services provided by the department.