62A-16-201 - Initial review.
62A-16-201. Initial review.
(1) Within seven days after the day on which the department knows that a qualifiedindividual 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 thathas jurisdiction over the region or facility.
(2) The director of the office or division described in Subsection (1) shall, upon receiptof a deceased client report form, immediately provide a copy of the form to:
(a) the executive director; and
(b) the fatality review coordinator.
(3) Within 10 days after the day on which the fatality review coordinator receives a copyof the deceased client report form, the fatality review coordinator shall request a copy of allrelevant department case records regarding the individual who is the subject of the deceasedclient report form.
(4) Each person who receives a request for a record described in Subsection (3) shallprovide a copy of the record to the fatality review coordinator, by a secure method, within sevendays after the day on which the request is made.
(5) Within 30 days after the day on which the fatality review coordinator receives thecase records requested under Subsection (3), the fatality review coordinator, or a designee of thefatality review coordinator, shall:
(a) review the deceased client report form, the case files, and other relevant informationreceived by the fatality review coordinator; and
(b) make a recommendation to the director of the Office of Services Review regardingwhether a formal fatality review should be conducted.
(6) (a) In accordance with Subsection (6)(b), within seven days after the day on whichthe fatality review coordinator makes the recommendation described in Subsection (5)(b), thedirector of the Office of Services Review shall determine whether to order that a formal fatalityreview be conducted.
(b) The director of the Office of Services Review shall order that a formal fatality reviewbe 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 determines that the death was not in anyway related to services that were provided by, or under the direction of, the department or adivision 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 ServicesReview, that:
(A) a provision of law, rule, policy, or procedure relating to the deceased individual orthe 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 determines that another reason exists toorder that a formal fatality review be conducted.
Enacted by Chapter 239, 2010 General Session