H1124B1648A05124 DMS:CMD 12/06/17 #90 A05124

AMENDMENTS TO HOUSE BILL NO. 1124

Sponsor: REPRESENTATIVE GILLEN
Printer's No. 1648

1 Amend Bill, page 1, line 16, by striking out "a subsection"

2 and inserting
3 subsections
4 Amend Bill, page 3, by inserting between lines 6 and 7
5 (c.1) Data management.--
6 (1) The department filing a report under subsection (c)
7 shall manage the data in the report consistent with the
8 requirements of this subsection. The identity of the reporter
9 may only be disclosed as provided in paragraph (3), and the
10 data shall be stored for three calendar years after date of
11 receipt. After that date, the data shall be destroyed unless
12 otherwise required to be stored by Federal law.
13 (2) The department shall prepare an investigation
14 memorandum for each report alleging a violation of this
15 section. During an investigation by the department, data
16 collected under this section on individuals is confidential
17 data. Upon completion of the investigation, the data is
18 classified as provided in paragraph (3) and as follows:
19 (i) The investigation memorandum shall contain the
20 following data, which is public:
21 (A) The name of the caretaker investigated.
22 (B) A statement of the nature of the alleged
23 violation.
24 (C) Pertinent information obtained from medical
25 or other records reviewed.
26 (D) The identity of the investigator.
27 (E) A summary of the investigation's findings.
28 (F) A statement of whether the report was found
29 to be substantiated, inconclusive, false or that no
30 determination will be made.
31 (G) A statement of any action taken by the
32 caretaker.
33 (H) A statement of any action taken by the
34 department.
35 (I) If the department's determination has
36 substantiated a violation, a statement of whether an
37 individual, individuals or a facility were

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 1 responsible for the substantiated violation, if
2 known.
3 The investigation memorandum must be written in a manner that
4 protects the identity of the reporter and of the care-dependent
5 person and may not contain the names or, to the extent possible,
6 data on individuals or data listed in subparagraph (ii).
7 (ii) Data on individuals collected and maintained in
8 the investigation memorandum is private data, including:
9 (A) The name of the care-dependent person.
10 (B) The identity of the individual alleged to be
11 the perpetrator.
12 (C) The identity of the individual substantiated
13 as the perpetrator.
14 (D) The identity of all individuals interviewed
15 as part of the investigation.
16 (E) Other data on individuals maintained as part
17 of an investigation under this section is private
18 data on individuals upon completion of the
19 investigation.
20 (3) After the assessment or investigation is completed,
21 the name of the reporter shall be confidential. The subject
22 of the report may compel disclosure of the name of the
23 reporter only with the consent of the reporter or upon a
24 written finding by a court that the report was false and
25 there is evidence that the report was made in bad faith.
26 (4) Notwithstanding any other provision of law to the
27 contrary, data maintained under this section by a department
28 shall be maintained under the following schedule and then
29 destroyed unless otherwise required by Federal law:
30 (i) Data from reports determined to be false,
31 maintained for three years after the finding was made.
32 (ii) Data from reports determined to be
33 inconclusive, maintained for four years after the finding
34 was made.
35 (iii) Data from reports determined to be
36 substantiated, maintained for seven years after the
37 finding was made.
38 (iv) Data from reports not investigated by the
39 department and for which there is no final disposition,
40 maintained for three years from the date of the report.
41 (5) Each department shall annually publish on the
42 department's publicly accessible Internet website the number
43 and type of reports of alleged violations involving
44 caretakers reported under this section, the number of those
45 requiring investigation under this section and the resolution
46 of those investigations. On a biennial basis, the departments
47 shall jointly report the following information to the
48 Governor and the General Assembly:
49 (i) The number and type of reports of alleged
50 violations involving caretakers reported under this
51 section, the number of those requiring investigations

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 1 under this section, the resolution of those
2 investigations and which of the departments was
3 responsible.
4 (ii) Trends about types of substantiated
5 maltreatment found in the reporting period.
6 (iii) If there are upward trends for types of
7 violations substantiated, recommendations for addressing
8 and responding to them.
9 (iv) Efforts undertaken or recommended to improve
10 the protection of dependent-care persons.
11 (v) Whether and where backlogs of cases result in a
12 failure to conform with statutory time frames and
13 recommendations for reducing backlogs, if applicable.
14 (vi) Recommended changes to statutes affecting the
15 protection of dependent-care persons.
16 (vii) Any other information that is relevant to the
17 report trends and findings.
18 (6) Each department shall establish and implement a
19 record retention policy.
20 (7) The departments, the Attorney General, district
21 attorneys and law enforcement agencies may exchange nonpublic
22 data if the agency requesting the data determines that the
23 data is pertinent and necessary to the requesting agency in
24 initiating, furthering or completing an investigation under
25 this section. Data collected under this section shall be made
26 available to the Attorney General, district attorneys and law
27 enforcement officials investigating the alleged violations
28 under this section.
29 (8) Each department shall keep records of the length of
30 time it takes to complete its investigation.
31 (9) Each department may notify other affected parties
32 and their authorized representative if the department has
33 reason to believe a violation has occurred and determines the
34 information will safeguard the well-being of the affected
35 parties or dispel widespread rumor or unrest on the premises
36 of the caregiver.
37 (10) Under any notification provision of this section,
38 where Federal law specifically prohibits the disclosure of
39 patient identifying information, a department may not provide
40 any notice unless the dependent-care person has consented to
41 disclosure in a manner which conforms to Federal
42 requirements.
43 Amend Bill, page 6, line 14, by inserting after "General"
44 , and the department making the report shall comply with
45 section 2713(c.1) (relating to neglect of care-dependent person)
46 Amend Bill, page 7, lines 4 and 5, by striking out "(relating
47 to neglect of care-dependent person)"

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