HB 5239

Substitute House Bill No. 5239
  Public Act No. 26-54
AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
SERVICES'   RECOMMENDATIONS      REGARDING    THE
INDEPENDENT MORTALITY REVIEW BOARD AND FATALITY
REVIEW BOARD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
   Section 1. Subsection (b) of section 17a-210 of the 2026 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
   (b) In the event of the death of a person with intellectual disability for
whom the department has direct or oversight responsibility for medical
care, the commissioner, or the commissioner's designee, shall [ensure
that] conduct a comprehensive and timely review of the events, overall
care, quality of life issues and medical care preceding such death. [is
conducted by the department and shall, as requested, provide
information and assistance] The commissioner, or the commissioner's
designee, shall, if required by section 2 of this act, refer the case to the
Independent Mortality Review Board established [by Executive Order
No. 57 of Governor Dannel P. Malloy. The commissioner shall report to
the board and the board shall review any death: (1) Involving an
allegation of abuse or neglect; (2) for which the Office of the Chief
Medical Examiner or local medical examiner has accepted jurisdiction;
  Substitute House Bill No. 5239
(3) in which an autopsy was performed; (4) which was sudden and
unexpected; or (5) in which the commissioner's review raises questions
about the appropriateness of care. The department's mortality review
process and the Independent Mortality Review Board shall operate in
accordance with the peer review provisions established under section
19a-17b for medical review teams and confidentiality of records
provisions established under section 19a-25 for the Department of
Public Health] pursuant to section 2 of this act. Each health care
provider, as defined in section 19a-17b, shall, at the request of the
commissioner, and to the extent permissible under the Health Insurance
Portability and Accountability Act of 1996, P.L. 104-191, as amended
from time to time, and any other federal law, provide any information
deemed necessary by the commissioner to complete a review pursuant
to the provisions of this subsection, provided the commissioner, when
making such a request, identifies any provision of said act that allows a
health care provider to provide such information to the commissioner.
   Sec. 2. (NEW) (Effective from passage) (a) There is established, within
the Department of Developmental Services, an Independent Mortality
Review Board. The Commissioner of Developmental Services, or the
commissioner's designee, shall report to the board and the board shall
review any death of a person with intellectual disability for whom the
department has direct or oversight responsibility for medical care: (1)
Involving an allegation of abuse or neglect; (2) for which the Office of
the Chief Medical Examiner or local medical examiner has accepted
jurisdiction; (3) that was sudden and unexpected and for which the
commissioner, or the commissioner's designee, determines that an
independent investigation by the board is necessary; or (4) for which the
comprehensive and timely review conducted pursuant to section 17a-
210 of the general statutes, as amended by this act, raises questions
about the appropriateness of care.
  (b)   The   Commissioner       of   Developmental     Services,   or   the
Public Act No. 26-54  2 of 4
  Substitute House Bill No. 5239
commissioner's designee, shall serve as chairperson of the Independent
Mortality Review Board.
   (c) The Independent Mortality Review Board shall be constituted by
the Commissioner of Developmental Services and may include, but
need not be limited to, any of the following members depending on the
death of the person being reviewed:
  (1) The Department of Developmental Services' director of quality
and systems improvement, or the director's designee;
   (2) The Department of Developmental Services' director of
investigations, or the director's designee;
  (3) The Chief Medical Examiner, or the Chief Medical Examiner's
designee;
  (4) A medical doctor appointed by the Commissioner of
Developmental Services;
  (5) The Commissioner of Public Health, or the commissioner's
designee;
   (6) The executive director of the nonprofit entity designated by the
Governor in accordance with section 46a-10b of the general statutes to
serve as the Connecticut protection and advocacy system, or the
executive director's designee;
   (7) A private provider representative appointed by the Commissioner
of Developmental Services; and
   (8) Any additional members the chairperson deems beneficial to
serve as a member of the board, provided that a majority of members on
the board are not employees of the Department of Developmental
Services.
Public Act No. 26-54  3 of 4
  Substitute House Bill No. 5239
   (d) The Independent Mortality Review Board may request
documentation and information as may be necessary for their review
pursuant to section 17a-210 of the general statutes, as amended by this
act. The department's mortality review process and the Independent
Mortality Review Board shall operate in accordance with the peer
review provisions for medical review teams established under section
19a-17b of the general statutes and confidentiality of records provisions
established under section 19a-25 of the general statutes.
 Governor's Action:
 Approved May 27, 2026
Public Act No. 26-54  4 of 4