The Florida Senate

400.4415  Assisted living facilities advisory committee.--

(1)  There is created the assisted living facilities advisory committee, which shall assist the agency in developing and implementing a pilot rating system for facilities. The committee shall consist of nine members who are to be appointed by, and report directly to, the director of the agency. The membership is to include:

(a)  One researcher from a university center on aging.

(b)  One representative from the Florida Health Care Association.

(c)  One representative from the Florida Assisted Living Association.

(d)  One representative from the Florida Association of Homes for the Aging.

(e)  One representative from the Agency for Health Care Administration.

(f)  One representative from the adult services program of the Department of Children and Family Services.

(g)  One representative from the alcohol, drug abuse, and mental health program of the Department of Children and Family Services.

(h)  One representative from the Department of Elderly Affairs.

(i)  One consumer representative from a district long-term care ombudsman council.

(2)  The committee shall perform the following duties:

(a)  Assist in developing a pilot assisted living facilities rating system based on the rules developed under this part, and including the identification and specification of criteria to be used in determining a superior rating.

(b)  Assist in developing surveyor guidelines and training to ensure the equitable application of the assisted living facility rating system.

(c)  Assist in developing a methodology for evaluation of the pilot rating system.

(3)  The agency shall, over a 24-month period, implement a pilot rating system for facilities. The agency shall evaluate facilities within selected regions of the state and make a determination as to the degree of compliance by each licensee with the established rules adopted under this part as a basis for assigning a rating to that facility. In addition to compliance with regulatory rules, the rating shall be based upon the licensee's demonstration of enhanced initiatives to promote resident autonomy, resident independence, and a noninstitutional living environment. The agency shall base its evaluation on the most recent inspection report, taking into consideration findings from other official reports, surveys, interviews, investigations, and inspections.

(4)  The agency shall assign one of the following ratings to each facility: standard, conditional, or superior. The agency shall adopt rules establishing uniform procedures for the rating of facilities, and specifying criteria for each rating category, which shall include consideration of the number and class of any facility violations with regulatory standards and corrective action taken by a facility to achieve required compliance. Further, the criteria for a superior rating shall include demonstrated programs and services that provide or promote enhanced opportunities for independent functioning, autonomy in decisionmaking and choices, and noninstitutional living, including at least two programs or initiatives developed to encompass at a minimum, but not limited to, the following areas:

(a)  Dietary or nutritional services.

(b)  Physical environment.

(c)  Restorative therapies and self-help activities.

(d)  Social services.

(5)  In determining the rating and evaluating the overall quality of care and services, the agency shall consider the needs and limitations of residents in the facility and the results of interviews and surveys of a representative sampling of residents, families of residents, long-term care ombudsman council members in the district in which the facility is located, guardians of residents, and staff of the facility.

(6)  The current rating of each facility must be indicated in bold print on the face of the license. Correction of all deficiencies, within the period approved by the agency, shall result in termination of the conditional rating. Failure to correct the deficiencies within a reasonable period approved by the agency shall be grounds for the imposition of sanctions pursuant to this part.

(7)  A license rated superior shall continue until it is replaced by a rating based on a later survey. A superior rating may be revoked at any time for failure to maintain substantial compliance with criteria established under this section and with rules adopted by the department in consultation with the agency.

(8)  A superior rating is not transferable to another license, except when an existing facility is being relicensed in the name of any entity related to the current licenseholder by common ownership or control and there will be no change in the management, operation, or programs at the facility as a result of relicensure.

(9)  The pilot rating system shall be implemented for a period not to exceed 2 years. Within 1 year of the completion of the pilot, the agency shall prepare and submit to the Legislature a report on the effectiveness of the rating system in assisting consumers to make informed choices, the utilization of the rating system as a measure of quality of services and care provided by facilities, and the impact of the rating system upon the enhancement of services provided throughout Florida's assisted living facility industry.

History.--s. 13, ch. 95-418; s. 28, ch. 97-100; s. 125, ch. 99-8.