The Florida Senate

400.423  Internal risk management and quality assurance program; adverse incidents and reporting requirements.--

(1)  Every facility licensed under this part may, as part of its administrative functions, voluntarily establish a risk management and quality assurance program, the purpose of which is to assess resident care practices, facility incident reports, deficiencies cited by the agency, adverse incident reports, and resident grievances and develop plans of action to correct and respond quickly to identify quality differences.

(2)  Every facility licensed under this part is required to maintain adverse incident reports. For purposes of this section, the term, "adverse incident" means:

(a)  An event over which facility personnel could exercise control rather than as a result of the resident's condition and results in:

1.  Death;

2.  Brain or spinal damage;

3.  Permanent disfigurement;

4.  Fracture or dislocation of bones or joints;

5.  Any condition that required medical attention to which the resident has not given his or her consent, including failure to honor advanced directives;

6.  Any condition that requires the transfer of the resident from the facility to a unit providing more acute care due to the incident rather than the resident's condition before the incident.

(b)  Abuse, neglect, or exploitation as defined in s. 415.102;

(c)  Events reported to law enforcement; or

(d)  Elopement.

(3)  Licensed facilities shall provide within 1 business day after the occurrence of an adverse incident, by electronic mail, facsimile, or United States mail, a preliminary report to the agency on all adverse incidents specified under this section. The report must include information regarding the identity of the affected resident, the type of adverse incident, and the status of the facility's investigation of the incident.

(4)  Licensed facilities shall provide within 15 days, by electronic mail, facsimile, or United States mail, a full report to the agency on all adverse incidents specified in this section. The report must include the results of the facility's investigation into the adverse incident.

(5)  Each facility shall report monthly to the agency any liability claim filed against it. The report must include the name of the resident, the dates of the incident leading to the claim, if applicable, and the type of injury or violation of rights alleged to have occurred. This report is not discoverable in any civil or administrative action, except in such actions brought by the agency to enforce the provisions of this part.

(6)  The agency shall annually submit to the Legislature a report on assisted living facility adverse incident reports. The report must include the following information arranged by county:

(a)  A total number of adverse incidents;

(b)  A listing, by category, of the type of adverse incidents occurring within each category and the type of staff involved;

(c)  A listing, by category, of the types of injuries, if any, and the number of injuries occurring within each category;

(d)  Types of liability claims filed based on an adverse incident report or reportable injury; and

(e)  Disciplinary action taken against staff, categorized by the type of staff involved.

(7)  The information reported to the agency pursuant to subsection (3) which relates to persons licensed under chapter 458, chapter 459, chapter 461, chapter 464, or chapter 465 shall be reviewed by the agency. The agency shall determine whether any of the incidents potentially involved conduct by a health care professional who is subject to disciplinary action, in which case the provisions of s. 456.073 apply. The agency may investigate, as it deems appropriate, any such incident and prescribe measures that must or may be taken in response to the incident. The agency shall review each incident and determine whether it potentially involved conduct by a health care professional who is subject to disciplinary action, in which case the provisions of s. 456.073 apply.

(8)  If the agency, through its receipt of the adverse incident reports prescribed in this part or through any investigation, has reasonable belief that conduct by a staff member or employee of a licensed facility is grounds for disciplinary action by the appropriate board, the agency shall report this fact to such regulatory board.

(9)  The adverse incident reports and preliminary adverse incident reports required under this section are confidential as provided by law and are not discoverable or admissible in any civil or administrative action, except in disciplinary proceedings by the agency or appropriate regulatory board.

(10)  The Department of Elderly Affairs may adopt rules necessary to administer this section.

History.--s. 36, ch. 2001-45.