The Florida Senate

397.419  Quality assurance programs.--

(1)  Each service provider must maintain an ongoing quality assurance program to objectively and systematically monitor and evaluate the appropriateness and quality of client care, to ensure that services are rendered consistent with prevailing professional standards, and to identify and resolve problems.

(2)  For each service provider, a written plan must be developed with a copy submitted to the department which addresses the minimum guidelines for the provider's quality assurance program, including, but not limited to:

(a)  Client care and services standards.

(b)  Client records maintenance procedures.

(c)  Staff development policies and procedures.

(d)  Facility safety and maintenance standards.

(e)  Peer review and utilization review procedures.

(f)  Incident reporting policies and procedures, including verification of corrective action and provision for reporting to the department within a time period prescribed by rule.

(3)  The quality assurance program is the responsibility of the director and is subject to review and approval by the governing board of the service provider.

(4)  Each director shall designate a person who is an employee of or under contract with the service provider as the provider's quality assurance manager.

(5)  Incident reporting is the affirmative duty of all staff.

(6)  A person who files an incident report may not be subjected to any civil action by virtue of that incident report.

(7)  The department may access all service provider records necessary to determine compliance with this section. Records relating solely to actions taken in carrying out this section and records obtained by the department to determine a provider's compliance with this section are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such records are not admissible in any civil or administrative action except in disciplinary proceedings by the Department of Business and Professional Regulation or the appropriate regulatory board, and are not part of the record of investigation and prosecution in disciplinary proceedings made available to the public by the Department of Business and Professional Regulation or the appropriate regulatory board. Meetings or portions of meetings of quality assurance program committees that relate solely to actions taken pursuant to this section are exempt from s. 286.011

(8)  The quality assurance program shall be implemented as part of the department's contract management process. The quality assurance program shall:

(a)  Track performance measures and standards established by the Legislature as part of the performance-based program budgeting process;

(b)  Provide a framework for evaluating outcomes which is separate from the performance-based program budgeting process, including:

1.  Output measures, such as capacities, technologies, and infrastructure, that make up the system of care.

2.  Process measures, such as administrative and clinical components of treatment.

3.  Outcome measures pertaining to the outcomes of services;

(c)  Provide for a system of analyzing those factors which have an effect on performance at the local level;

(d)  Provide for a system of reporting the results of quality assurance reviews; and

(e)  Incorporate best practice models for use in improving performance in those areas which are deficient.

(9)  The quality assurance program shall incorporate a peer review process into its protocol, to include:

(a)  Reviews of providers by departmental district staff and other providers.

(b)  Reviews of individual districts by other districts.

(10)  Contingent upon specific appropriation, a quality assurance coordinator position shall be established within each service district to oversee the implementation and operation of the quality assurance program.

History.--s. 3, ch. 93-39; s. 45, ch. 94-218; s. 1, ch. 95-407; s. 221, ch. 96-406; s. 5, ch. 99-396.