HB 1137

1	A bill to be entitled
2	An act relating to assisted living facilities; creating
3	the Florida Assisted Living Quality Improvement Initiative
4	Pilot Project; providing purpose; requiring the Agency for
5	Health Care Administration to create pilot projects in
6	area offices; authorizing licensed assisted living
7	facilities to enroll in the pilot project; authorizing the
8	agency to provide, or execute contracts with private
9	providers to provide, consultative services; requiring a
10	facility to provide notice to the agency of enrollment in
11	the project; establishing quality improvement teams;
12	providing composition and duties of a quality improvement
13	team; providing conditions for termination of a quality
14	improvement agreement with a facility; providing for
15	termination of a quality enrollment team by the agency and
16	resumption of inspections by the agency under certain
17	circumstances; providing procedures for investigating and
18	monitoring complaints; requiring the agency to develop an
19	assessment tool to evaluate the project; requiring the
20	agency to report to the Governor and Legislature;
21	providing that reports and documents of the quality
22	improvement team may not be used in certain tort actions
23	and are exempt from discovery; providing for the
24	expiration of the project; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Florida Assisted Living Quality Improvement
29	Initiative Pilot Project.-
30	(1)  There is created within the Agency for Health Care
31	Administration the Florida Assisted Living Quality Improvement
32	Initiative Pilot Project. The purpose of the pilot project is to
33	identify best practices for providing care to residents of
34	licensed assisted living facilities, provide caregivers with
35	methods to implement best practices, and develop, in
36	collaboration with the facility, a plan to improve the quality
37	of care and living arrangements in the facility to reduce the
38	need for institutional care.
39	(2)  The agency shall create a pilot project in each area
40	office that allows licensed assisted living facilities to enroll
41	in the Florida Assisted Living Quality Improvement Initiative
42	Pilot Project.
43	(3)  The agency may provide consultative services, or
44	execute contracts with private individuals, companies, or trade
45	associations to offer consultative services, to assist in
46	achieving the goals of the pilot project.
47	(4)  The administrator of a licensed facility shall notify
48	the agency when the facility has agreed to enroll in the pilot
49	project. Enrollment in the pilot project is voluntary, and a
50	facility may withdraw from the pilot project at any time.
51	Enrollment in the pilot project shall begin on January 1 of each
52	year.
53	(5)  The owner and the administrator of the facility
54	enrolled in the pilot project shall execute an agreement with
55	the agency, or with a private provider that has been approved
56	and authorized by the agency to participate in the project, and
57	the quality improvement team established under subsection (6) to
58	implement an approved quality improvement plan for that facility
59	and shall collaborate with the consultants to meet the goals
60	outlined in the plan.
61	(6)  A quality improvement team shall be established to
62	evaluate the progress of the facility in meeting quality
63	improvement plan goals. A quality improvement team shall include
64	a quality improvement specialist, a licensed registered nurse, a
65	licensed dietician, and a staff development representative.
66	(7)  Each quality improvement team shall:
67	(a)  Conduct an annual assessment and followup visits as
68	needed to monitor progress.
69	(b)  Consult with the owner and the administrator to meet
70	plan requirements, create systems to monitor compliance with
71	agency rules, ensure that training standards established under
72	s. 429.52, Florida Statutes, are met, and provide access to
73	community-based services that would improve the care of the
74	residents and the conditions in the facility.
75	(c)  Maintain records of the assessments and ongoing
76	efforts to help facilities meet quality improvement goals.
77	(d)  Issue a certification to each facility that meets
78	agency standards and complies with the goals of its quality
79	improvement plan.
80	(8)  A quality improvement team may elect to terminate the
81	agreement executed under subsection (5) with a facility that has
82	failed to meet the goals of the plan after reasonable efforts
83	are made to seek cooperation and assistance from the owner and
84	the administrator.
85	(9)  If a facility's enrollment in the pilot project is
86	terminated, the quality improvement team shall notify the agency
87	and that facility shall be subject to the survey, inspection,
88	and monitoring visits conducted under s. 408.811, Florida
89	Statutes. The facility is not be eligible to reenroll in the
90	pilot project until the agency has certified that the facility
91	meets substantial compliance with its quality improvement plan.
92	(10)  A facility that has executed an agreement with an
93	approved quality improvement team may terminate that agreement
94	and execute a new agreement with another approved team. If such
95	termination is sought, the facility administrator shall notify
96	the agency area office in writing, specifying the reasons the
97	facility seeks to terminate the agreement, and the area office
98	supervisor shall approve or reject the request.
99	(11)  A complaint made against a facility that is enrolled
100	in the pilot project shall be referred to the approved quality
101	improvement team for followup investigation and monitoring of
102	corrections. The team shall investigate the complaint and shall
103	work with the owner or administrator to address concerns. If
104	there is a pattern of repeated complaints, the agency may
105	investigate those complaints and refer the complaints to the
106	local jurisdiction enforcement body for investigation to ensure
107	the health, safety, and well-being of the facility residents.
108	(12)  At any time, based on reasonable cause or concern for
109	the health, safety, or well-being of the residents of a
110	facility, the agency may investigate and conduct periodic
111	appraisal visits to ensure compliance with the approved quality
112	improvement plans and assess both the quality improvement team
113	and the facility. If the agency finds that the facility is in
114	substantial noncompliance with the quality improvement plan, the
115	agency may terminate the agreement, which shall result in the
116	termination of that quality improvement team from the approved
117	list of providers and shall require the facility to be subject
118	to the survey, inspection, and monitoring visits conducted under
119	s. 408.811, Florida Statutes.
120	(13)  The agency shall develop an assessment tool to
121	measure the success of the pilot project and shall use
122	indicators to evaluate the implementation of best practices,
123	staff development activities, physical plant improvements, care-
124	related outcomes, and reductions in referrals to institutional
125	care. The agency shall estimate the savings and reduction in
126	workforce and costs associated with the implementation of the
127	pilot project. The agency shall submit a report of its findings
128	to the Governor, the President of the Senate, and the Speaker of
129	the House of Representatives by July 1 of each year.
130	(14)  Reports and documents generated by the quality
131	improvement teams may not be used in any tort action sought
132	against the licenseholder and are exempt from discovery.
133	(15)  The Florida Assisted Living Quality Improvement
134	Initiative Pilot Project and this section expire July 1, 2016,
135	unless reenacted by the Legislature.
136	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.