No. 33785 (New Rule): Rule R495-808. Fatality Review Act

(New Rule)

DAR File No.: 33785
Filed: 06/28/2010 12:24:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being created to reflect changes to Utah statute per H.B. 86 from the 2010 Legislative General Session. The purpose of this rule is to clarify reporting and reviews of fatality reports for the Department of Human Services. (DAR NOTE: H.B. 86 (2010) is found at Chapter 239, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The proposed rule adds reference to Subsection 62A-16-201(1) to designate who completes a Notification of Deceased Client Form. It also references Section 62A-16-101 which sets forth the legal criteria and requirement for a fatality review.

State statutory or constitutional authorization for this rule:

• Section 62A-16-201
• Section 62A-1-111
• Section 62A-16-101

Anticipated cost or savings to:

the state budget:

There will be no increase in costs or savings to the state budget because these proposed changes clarify practice, but do not increase the workload of reviews already being done.

local governments:

There will be no increase in costs or savings to local government because they are not a part of the state agency which is affected by this rule. The proposed rule clarifies work already being done by a state agency and local government is not responsible for fatality reviews.

small businesses:

There will be no increase in costs or savings to small businesses because they are not a part of the state agency which is affected by this rule. The proposed rule clarifies work already being done by a state agency and small businesses are not responsible for fatality reviews.

persons other than small businesses, businesses, or local governmental entities:

There will be no increase in costs or savings to other persons because they are not a part of the state agency which is affected by this rule. The proposed rule clarifies work already being done by a state agency and other persons are not responsible for fatality reviews.

Compliance costs for affected persons:

There will be no increase in costs or savings to affected persons because they are not a part of the state agency which is affected by this rule. The proposed rule clarifies work already being done by a state agency and affected persons are not responsible for fatality reviews.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no cost or savings on businesses associated with implementing this rule.

Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Administration
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/16/2010

This rule may become effective on:

08/23/2010

Authorized by:

Lisa-Michele Church, Executive Director

RULE TEXT

R495. Human Services, Administration.

R495-808. Fatality Review Act.

R495-808-1. Authority.

(1) The Department of Human Services is authorized to adopt, amend, and enforce rules as necessary in Section 62A-1-111.

(2) Sections 62A-16-101 through 62A-16-302 sets forth the legal criteria and requirements for Department of Human Services fatality reviews.

 

R495-808-2. Statement of Purpose.

(1) The purpose of this rule is to clarify reporting and reviews of fatality reports for the Department of Human Services.

 

R495-808-3. Completion of Deceased Client Reports.

(1) In accordance with Section 62A-16-201(1), the following employees are designated by the department to complete a Notification of Deceased Client Form: any worker, supervisor, or other Human Service Department employee who becomes aware of the death.

 

R495-808-4. Referral to Office of Child Protection Ombudsman.

(1) In the case of a child fatality, if the Fatality Review Coordinator or the Fatality Review Committee determines that there are policies or procedure issues that are not related to the death, or further case-specific information is needed, the case may be referred to the Office of the Child Protection Ombudsman (OCPO)for a full case review.

(2) Upon completion of the OCPO Case Review, the analyst will present the finding to the Fatality Review Committee for further review.

 

KEY: fatality review

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 62A-16-201; 62A-1-111; 62A-16-101; 62A-16-202; 62A-16-203; 62A-16-204; 62A-16-301; 62A-16-302

 

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