Page:United States Statutes at Large Volume 124.djvu/743

 124 STAT. 717 PUBLIC LAW 111–148—MAR. 23, 2010 interstate and large intrastate chains of skilled nursing facili- ties and nursing facilities. (2) SELECTION.—The Secretary shall select chains of skilled nursing facilities and nursing facilities described in paragraph (1) to participate in the demonstration project under this section from among those chains that submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) DURATION.—The Secretary shall conduct the demonstra- tion project under this section for a 2-year period. (4) IMPLEMENTATION.—The Secretary shall implement the demonstration project under this section not later than 1 year after the date of the enactment of this Act. (b) REQUIREMENTS.—The Secretary shall evaluate chains selected to participate in the demonstration project under this sec- tion based on criteria selected by the Secretary, including where evidence suggests that a number of the facilities of the chain are experiencing serious safety and quality of care problems. Such criteria may include the evaluation of a chain that includes a number of facilities participating in the ‘‘Special Focus Facility’’ program (or a successor program) or multiple facilities with a record of repeated serious safety and quality of care deficiencies. (c) RESPONSIBILITIES.—An independent monitor that enters into a contract with the Secretary to participate in the conduct of the demonstration project under this section shall— (1) conduct periodic reviews and prepare root-cause quality and deficiency analyses of a chain to assess if facilities of the chain are in compliance with State and Federal laws and regulations applicable to the facilities; (2) conduct sustained oversight of the efforts of the chain, whether publicly or privately held, to achieve compliance by facilities of the chain with State and Federal laws and regula- tions applicable to the facilities; (3) analyze the management structure, distribution of expenditures, and nurse staffing levels of facilities of the chain in relation to resident census, staff turnover rates, and tenure; (4) report findings and recommendations with respect to such reviews, analyses, and oversight to the chain and facilities of the chain, to the Secretary, and to relevant States; and (5) publish the results of such reviews, analyses, and over- sight. (d) IMPLEMENTATION OF RECOMMENDATIONS.— (1) RECEIPT OF FINDING BY CHAIN.—Not later than 10 days after receipt of a finding of an independent monitor under subsection (c)(4), a chain participating in the demonstration project shall submit to the independent monitor a report— (A) outlining corrective actions the chain will take to implement the recommendations in such report; or (B) indicating that the chain will not implement such recommendations, and why it will not do so. (2) RECEIPT OF REPORT BY INDEPENDENT MONITOR.—Not later than 10 days after receipt of a report submitted by a chain under paragraph (1), an independent monitor shall finalize its recommendations and submit a report to the chain and facilities of the chain, the Secretary, and the State or States, as appropriate, containing such final recommendations. Reports. Deadline. Publication. Reports. Review. Contracts. Evaluation. Deadline.