RS 2020 - Review of deaths of persons served by the Louisiana Department of Health
A. The legislature finds that:
(1) In accordance with best practices and national trends, it is recommended that the Louisiana Department of Health through the office for citizens with developmental disabilities, the office of behavioral health, and the office of aging and adult services monitor and review deaths of persons receiving services through the offices.
(2) Collection of data on the causes and circumstances of death of these persons will enable the office for citizens with developmental disabilities, the office of behavioral health, and the office of aging and adult services to initiate quality improvement and provider remediation in long-term care services in order to reduce mortality rates.
(3) A complete review of the information obtained by the office for citizens with developmental disabilities, the office of behavioral health, and the office of aging and adult services will enable the offices to identify patterns and systemic problems to support corrective actions and quality improvements in service delivery.
B. For the purposes of this Section, the following terms shall have the following meanings:
(1) "Department" means the Louisiana Department of Health.
(2) "Healthcare provider" means a health care provider as defined in R.S. 13:3734(A), a licensed mental health professional as defined in R.S. 40:2153, and other agencies licensed or certified by the department to deliver health care or related services.
(3) "Office" means the office for citizens with developmental disabilities, the office of behavioral health, or the office of aging and adult services within the Louisiana Department of Health.
C. The duties of the office shall be the following:
(1) In each death reviewed, the offices shall obtain data and records relevant to the causes and circumstances of death from providers, including health care providers, as well as from other sources.
(2) The offices shall identify patterns and systemic problems to determine what changes, if any, should be made in service delivery.
(3) The offices shall each prepare an annual report for public distribution. The report shall set forth aggregate information including the number of deaths reviewed, identify all provider remediation and quality improvements initiated or recommended as a result of the review, and set forth any other information as may be determined by the offices. However, the report shall not disclose names of the deceased or any entities involved or any information which would identify a particular person or entity.
D.(1) Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health, and each office provided for in Paragraph (B)(3) of this Section, shall be authorized to access death certificates in the custody of the department, autopsy reports, coroner reports, and records of all service providers, including medical records in the custody of healthcare providers, of persons being served through the offices at the time of death.
(2) Notwithstanding any other provision of the law to the contrary, all records obtained by the offices in accordance with the provisions of this Section, as well as any work product, chart, or any other document prepared by the offices in death reviews, except for the annual reports required by Paragraph (C)(3) of this Section, shall be confidential, shall not be public record, and shall not be subject to subpoena. Nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding or admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(3) No person or entity who furnishes information to the offices pursuant to this Section shall be liable or in violation of a duty of confidentiality, provided the person or entity has acted in good faith.
Acts 2009, No. 345, §2, eff. July 6, 2009; Acts 2020, No. 77, §1, eff. June 5, 2020.