Florida Senate - 2012 SB 658 By Senator Wise 5-00629-12 2012658__ 1 A bill to be entitled 2 An act relating to assisted living facilities; 3 creating the Florida Assisted Living Quality 4 Improvement Initiative Pilot Project; providing 5 purpose; providing definitions; limiting the pilot 6 project to specified area offices of the Agency for 7 Health Care Administration; providing for statewide 8 expansion of the pilot program on December 31, 2017, 9 unless repealed by the Legislature; providing criteria 10 for participation in the pilot project; providing 11 duties of the agency for implementation of the pilot 12 project; requiring the agency to use an electronic 13 data collection system for quality assurance; 14 providing for establishment of a data collection 15 workgroup and providing its duties; authorizing the 16 agency to establish a fee for facilities that use the 17 data collection system; providing system requirements; 18 providing for establishment of a monitoring workgroup 19 and providing its duties, including a report to the 20 Governor and Legislature; providing for development, 21 in collaboration with the Medicaid Fraud Unit, of an 22 interagency task force to conduct investigations of 23 certain facilities and revoke licenses, suspend 24 payments, and relocate residents for substantial 25 noncompliance or failure to provide adequate care; 26 authorizing the agency to impose a fine for transfers 27 or discharges from a hospital to an assisted living 28 facility that do not meet certain standards; providing 29 for development and implementation of a statewide 30 administrator certification program; requiring an 31 assisted living facility to employ a certified 32 administrator as a condition for continued licensure; 33 providing requirements for and limitations on 34 certified administrators; requiring the administrator 35 of a licensed facility that is eligible to participate 36 in the pilot project to notify the agency when the 37 facility enrolls in the pilot project; requiring each 38 facility, before enrollment, to execute a memorandum 39 of agreement that includes a provision authorizing the 40 agency to terminate the facility’s participation in 41 the pilot project; prohibiting a facility from 42 challenging or appealing the agency’s decision under 43 ch. 120, F.S.; providing for annual open enrollment; 44 providing that a facility’s enrollment in the pilot 45 project does not prohibit the facility from seeking 46 alternative accreditation; requiring the agency to 47 establish quality improvement teams; providing for the 48 composition and duties of a quality improvement team; 49 providing conditions for a quality improvement team to 50 terminate the operation of an assisted living 51 facility; providing for the resumption of inspections 52 by the agency if a facility’s participation in the 53 pilot project is terminated; requiring compliance with 54 agency rules before an assisted living facility may be 55 reenrolled in the pilot project; requiring the agency 56 to approve or reject a facility’s request for 57 termination of participation in the pilot project; 58 requiring that the facility be subject to survey, 59 inspection, and monitoring visits by the agency; 60 providing that reports and documents generated by a 61 quality improvement team may not be used in certain 62 tort actions; authorizing the Department of Elderly 63 Affairs to adopt rules and impose fees and 64 requirements for providers of core training; providing 65 educational requirements for assisted living facility 66 administrators; providing an effective date. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. Florida Assisted Living Quality Improvement 71 Initiative Pilot Project.— 72 (1) The Florida Assisted Living Quality Improvement 73 Initiative Pilot Project is created to identify best practices 74 for providing care to residents of licensed assisted living 75 facilities, improve regulatory oversight and protection of 76 residents, promote increased information sharing, collaboration, 77 and implementation of best practices by frontline caregivers, 78 and develop, in collaboration with the facility, a quality 79 improvement plan to reduce the need for institutional care. 80 (2) As used in this section, the term: 81 (a) “Agency” means the Agency for Health Care 82 Administration. 83 (b) “Department” means the Department of Elderly Affairs. 84 (3) The pilot project shall be limited to 150 facilities in 85 each of agency areas 4, 5, 6, 8, and 11. The pilot project shall 86 expand statewide on December 31, 2017, unless repealed by the 87 Legislature. A facility is eligible to participate in the pilot 88 project if the facility has not been cited for a class I or 89 class II violation and has no more than five uncorrected class 90 III violations on the prior two annual surveys and on any survey 91 that resulted from a complaint. 92 (4) To implement the pilot project, the agency shall, 93 within funds appropriated: 94 (a) Establish an enrollment process and a timeline for 95 implementation of the pilot project. 96 (b) Establish a method to measure facility improvement and 97 collect data with respect to critical factors that affect 98 quality of care and occupancy rates. 99 (c) Use electronic means to collect data on facility 100 quality assurance. 101 (d) Establish a data collection workgroup to develop 102 criteria for a request for proposal to implement a statewide 103 data collection system. The request for proposal must specify 104 the data elements that the data collection system must capture 105 and how the data will be used to track quality of care and 106 occupancy rates. The agency may reallocate funding within its 107 budget to implement the system in the pilot project areas. An 108 assisted living facility that receives Medicaid funding must use 109 the data collection system. The agency may establish a fee for 110 users of the data collection system. The agency shall require 111 that the data collection system: 112 1. Be compatible with changes in long-term care resulting 113 from Medicaid reform enacted by the Federal Government. 114 2. Permit user access from all parts of the system of care 115 associated with licensed assisted living facilities that receive 116 Medicaid funding. 117 3. Permit frontline caregivers to collect defined data 118 elements that indicate a change in a resident’s condition and 119 employ intuitive technology to forecast patient care needs and 120 trends in facility quality improvement. 121 4. Provide online training videos to improve the skills of 122 frontline caregivers. A training provider may make online 123 training material available via the statewide data collection 124 system. Training shall be provided on a subscription basis and 125 shall include online competency examinations for caregivers. The 126 system shall verify the identity of the subscriber and the 127 amount of time the subscriber participates in online training. 128 This information shall be made available to the agency through 129 electronic means. 130 5. Include specialized training for staff who care for 131 adults with mental illness, which shall include aggression 132 control training, information regarding involuntary commitment 133 procedures under the Baker Act, how to recognize a change in 134 mental condition, use of psychiatric medications, how to manage 135 difficult behaviors of adults with mental illness, and other 136 training in services provided by the state mental health 137 services delivery system. 138 6. Include a technical interface between a mental health 139 provider and an assisted living facility if the provider and the 140 facility have established a cooperative agreement, as defined in 141 s. 429.02(8), Florida Statutes. The interface shall permit a 142 mental health case manager to review client information and care 143 trends associated with residents of an assisted living facility. 144 A case manager shall record any face-to-face contact with a 145 resident and update the community living support plan in real 146 time when changes are needed. The agency survey staff and the 147 department shall have access to this information for agency 148 monitoring purposes. 149 (e) Establish a monitoring workgroup, to be comprised of 150 representatives of state agencies that regulate assisted living 151 facilities, owners of assisted living facilities, and other 152 interested parties, to: 153 1. Develop a request for information, establish 154 requirements for certification, and approve proposed fees by 155 July 1, 2013. 156 2. Review survey forms, the inspection process, and how 157 compliance is determined to ensure the safety and protection of 158 residents who reside in a licensed assisted living facility. 159 3. Develop a streamlined regulatory oversight system. 160 4. Monitor the implementation of the pilot project. 161 5. Propose specific changes to implement a cost-effective 162 oversight system for assisted living facilities. 163 6. Establish a plan that uses an abbreviated survey process 164 to enable agency surveyors to concentrate on facilities that 165 require greater oversight and that includes appropriately 166 trained lead assisted living facility surveyors. 167 7. Submit a report of its findings to the Governor, the 168 President of the Senate, and the Speaker of the House of 169 Representatives by January 1, 2013. 170 (f) In collaboration with the Medicaid Fraud Control Unit, 171 develop an interagency task force to investigate facilities that 172 have failed to improve care for residents, are suspected of 173 operating without a license, or have been subject to fines or 174 other sanctions. The agency shall be the lead agency and shall 175 schedule random onsite inspections of such facilities to 176 evaluate compliance with assisted living facility standards and 177 Medicaid rules. The task force may revoke a facility’s license 178 if substantial noncompliance is found. The task force may 179 suspend payments to the facility and relocate residents who are 180 not receiving appropriate care. 181 (g) Review discharge plans for a patient who is being 182 transferred from a hospital to an assisted living facility, 183 require the hospital to complete a health assessment of the 184 patient signed by a licensed health care professional prior to 185 discharge, and provide a copy of the assessment to the 186 administrator of the assisted living facility before the patient 187 is discharged. The agency shall levy a $500 fine for each 188 transfer or discharge from a hospital that fails to meet the 189 requirements of this paragraph. 190 (h) Work with private-sector providers of certification to 191 develop and implement a statewide administrator certification 192 program. Each certified assisted living facility administrator 193 must pass a competency examination every 4 years and is 194 responsible for renewing the certification. An assisted living 195 facility must employ a certified administrator as a condition 196 for continued licensure. A certified assisted living facility 197 administrator may not supervise more than three facilities. The 198 certification must be posted in a visible place in the facility. 199 Each facility must have a certified administrator on call at all 200 times. 201 (5) The administrator of a licensed facility that is 202 eligible to participate in the pilot project shall notify the 203 agency when the facility agrees to enroll in the pilot project. 204 Enrollment in the pilot project is voluntary but may be required 205 if the agency determines that enrollment in the pilot project is 206 necessary to improve the quality of care offered by the 207 facility. The agency shall enroll the first 150 eligible 208 facilities in each authorized agency area that seek enrollment. 209 Before enrollment, each facility must execute a memorandum of 210 agreement with the agency that includes a provision authorizing 211 the agency to terminate the facility’s participation in the 212 pilot project at will. The agency’s decision to terminate a 213 facility’s participation in the pilot project may not be 214 challenged or appealed under chapter 120, Florida Statutes. 215 (6) The open enrollment period to participate in the pilot 216 project begins January 1 and ends March 1 each year. A 217 facility’s enrollment in the pilot project does not prohibit the 218 facility from seeking alternative accreditation from a 219 recognized health care accreditation organization, such as the 220 Commission on Accreditation of Rehabilitative Facilities or the 221 Joint Commission. 222 (7) The agency, within funds appropriated by the 223 Legislature, shall establish an assisted living facility quality 224 improvement team in each pilot project area for the purpose of 225 evaluating and improving the quality of facilities participating 226 in the pilot project. 227 (a) A quality improvement team shall include: 228 1. An agency lead surveyor who has received training 229 relating to the requirements for providing care to residents of 230 an assisted living facility, who shall head the team. 231 2. A quality improvement specialist who has professional 232 expertise or a background in working with behavioral health 233 needs or elder and aging needs. 234 3. A registered nurse. 235 4. A licensed dietician. 236 5. If the facility being evaluated is an assisted living 237 facility with a limited mental health license is being 238 evaluated, a mental health professional. 239 (b) A quality improvement team shall: 240 1. Establish criteria for quality improvement plans, which 241 shall include an evaluation of the plan based upon client access 242 to adequate care, provision of personal services and support, 243 adequate documentation and reporting of client information, 244 supervision and training of the staff and residents, and 245 compliance with physical plant and safety standards that promote 246 independence and dignity for facility residents. 247 2. Evaluate the progress of the facility in meeting the 248 goals of the quality improvement plan. 249 3. Conduct an annual assessment and followup visits as 250 needed to monitor the progress of the facility in meeting the 251 goals of the quality improvement plan. 252 4. Consult with the owner and administrator of the facility 253 in meeting plan requirements, create electronic systems to 254 monitor compliance with agency rules, ensure that training 255 standards established under s. 429.52, Florida Statutes, are 256 met, and work to help ensure an adequate system of care that 257 provides access to community-based services that would improve 258 the care of the residents and the conditions in the facility. 259 5. Maintain records of the assessments and ongoing efforts 260 to assist the facility in meeting quality improvement goals. 261 6. Use electronic means to capture data and generate 262 reports relating to compliance with the quality improvement 263 plan. 264 (8) A quality improvement team may terminate a facility 265 that has failed to meet the goals of the plan from the pilot 266 project after reasonable efforts are made to seek cooperation 267 and assistance from the owner and the administrator of the 268 facility. If a facility is terminated under these conditions, 269 the facility’s participation in the pilot project is 270 automatically terminated. 271 (9) If a facility’s participation in the pilot project is 272 terminated, the quality improvement team shall notify the 273 Division of Health Quality Assurance of the agency, and that 274 facility shall be subject to the survey, inspection, and 275 monitoring visits conducted under s. 408.811, Florida Statutes. 276 The facility is not eligible to reenroll in the pilot project 277 until the agency has certified that the facility is in 278 substantial compliance with agency rules. 279 (10) A facility may terminate its participation in the 280 pilot project, and the agency shall require the facility to be 281 subject to the survey, inspection, and monitoring visits 282 conducted pursuant to s. 408.811, Florida Statutes. If such 283 termination is sought, the facility administrator shall notify 284 the agency area office in writing and specify the reasons the 285 facility seeks to terminate its participation in the pilot 286 project. The agency shall approve or reject the request under 287 the terms and conditions of the memorandum of agreement 288 completed by the facility before enrolling in the pilot project. 289 (11) Reports and documents generated by a quality 290 improvement team may not be used in any tort action sought 291 against the licenseholder of an enrolled facility. 292 (12) The Department of Elderly Affairs may adopt rules, 293 impose fees, and provide requirements necessary to certify 294 providers that seek to offer the assisted living facility staff 295 core training. The department shall review the total number of 296 hours required for completion of core training, which shall be 297 at least 40 hours. The department may charge a fee for core 298 training and revoke certification for core trainers that fail to 299 meet requirements as established under department rule. Fees 300 imposed under this subsection may not, in the aggregate, exceed 301 the costs necessary to adequately administer the certification 302 process for providers of core training. 303 (13) An assisted living facility administrator must 304 complete a minimum of 40 hours in the core training program, 305 have a minimum of 5 years’ administrative experience at a 306 licensed assisted living facility, or have a 4-year 307 baccalaureate degree from an accredited college or university. 308 An administrator must obtain 8 hours of continuing education in 309 areas that relate to the number and type of residents served at 310 the assisted living facility. The administrator may enroll in 311 online education courses or other accredited programs that offer 312 continuing education units, class credits, or a department 313 approved curriculum by an assisted living core training 314 provider. 315 Section 2. This act shall take effect July 1, 2012.