Florida Statutes
Fla. Stat. § 400.118 (2025)
Quality assurance; early warning system; monitoring; rapid response teams.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.118 Quality assurance; early warning system; monitoring; rapid response teams.—
(1) The agency shall establish an early warning system to detect conditions in nursing facilities that could be detrimental to the health, safety, and welfare of residents. The early warning system shall include, but not be limited to, analysis of financial and quality-of-care indicators that would predict the need for the agency to take action pursuant to the authority set forth in this part.
(2) The agency shall also create teams of experts that can function as rapid response teams to visit nursing facilities identified through the agency’s early warning system. Rapid response teams may visit facilities that request the agency’s assistance. The rapid response teams shall not be deployed for the purpose of helping a facility prepare for a regular survey.
Notes of Decisions
Cited in 4
cases, 2002–2007 · leading case: Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005).
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “Section 400.118 requires the Agency for Health Care Administration to establish a quality assurance system to detect unsafe conditions in nursing facilities through the use of "quality-of-care monitors," who conduct unannounced monitoring visits and, essentially, function as…”
Florida Hosp. Waterman, Inc. v. Buster, 932 So. 2d 344 (Fla. 5th DCA 2006). “(2005) (reports of disciplinary actions); § 400.118, Fla. Stat. (2005) (quality assurance nursing homes); § 395.”
1620 Health Partners, LC v. Fluitt, 830 So. 2d 935 (Fla. 4th DCA 2002). “" Section 400.118, which provides for a quality assurance monitoring system, states that any record or communication, oral or written, generated as part of this process is not discoverable.”
Avante Villa at Jacksonville v. Breidert, 958 So. 2d 1031 (Fla. 1st DCA 2007). “However, dicta located in a footnote of Buster mentions that Amendment 7 was enacted by the people to change the law by eliminating guaranteed privileges such as section 400.118, Florida Statutes (2005), which covers quality assurance in nursing homes.”
— 400.118(2)(b) — 1 case
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “Section 400.118 requires the Agency for Health Care Administration to establish a quality assurance system to detect unsafe conditions in nursing facilities through the use of "quality-of-care monitors," who conduct unannounced monitoring visits and, essentially, function as…”
— 400.118(2)(c) — 2 cases
1620 Health Partners, LC v. Fluitt, 830 So. 2d 935 (Fla. 4th DCA 2002). “" Section 400.118, which provides for a quality assurance monitoring system, states that any record or communication, oral or written, generated as part of this process is not discoverable.”
Tampa Med. Assocs. v. Est. of Torres, 903 So. 2d 259 (Fla. 2d DCA 2005). “Section 400.118 requires the Agency for Health Care Administration to establish a quality assurance system to detect unsafe conditions in nursing facilities through the use of "quality-of-care monitors," who conduct unannounced monitoring visits and, essentially, function as…”
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