The Florida Senate

400.934  Minimum standards.--As a requirement of licensure, home medical equipment providers shall:

(1)  Offer and provide home medical equipment and services, as necessary, to consumers who purchase or rent equipment that requires such services.

(2)  Provide at least one category of equipment directly, filling orders from its own inventory.

(3)  Respond to orders received for other equipment by filling those orders from its own inventory or inventory from other companies with which it has contracted to fill such orders; or customizing or fitting items for sale from supplies purchased under contract.

(4)  Maintain trained personnel to coordinate order fulfillment and schedule timely equipment and service delivery.

(5)  As necessary in relation to the sophistication of the equipment and services being provided, ensure that delivery personnel are appropriately trained to conduct an environment and equipment compatibility assessment; appropriately and safely set up the equipment; instruct patients and caregivers in the safe operation and client maintenance of the equipment; and recognize when additional education or followup patient compliance monitoring is appropriate.

(6)  Ensure that patients are made aware of service hours and emergency service procedures.

(7)  At the time of the initial delivery, set up an appropriate followup home medical equipment service schedule as needed for such times as, but not limited to, periodic maintenance, supply delivery, and other related activities.

(8)  Arrange for emergency service after normal business hours; provide refresher and review training for appropriate personnel; establish a system for resolution of complaints and service problems; and provide for timely replacement or delivery of disposable or consumable equipment supplies.

(9)  Honor all warranties expressed and implied under applicable state law.

(10)  Answer any questions or complaints a consumer has about an item or the use of an item that the consumer purchases or rents.

(11)  Maintain and repair directly, or through a service contract with another company, items rented to consumers.

(12)  Accept returns of substandard or unsuitable items from consumers. As used in this subsection, the term "substandard" means less than full quality for the particular item and the term "unsuitable" means inappropriate for the consumer at the time it was fitted or sold.

(13)  Disclose consumer information to each consumer who rents or purchases items, including all applicable warranty information. This information consists of the provider standards to which the item must conform.

(14)  Maintain patient payment and service records in accordance with the requirements of this part.

(15)(a)  Designate appropriate staff as intake coordinators, and ensure that order intake personnel are appropriately trained in the types of equipment and products, commonly occurring medical conditions, service procedures, third-party billing, and insurance requirements and coverage.

(b)  Train intake coordinators in a basic understanding of the following areas: dealing with patient and caregiver needs; other, nonhome medical equipment provider services as they relate to home medical equipment services and home care patient crisis management.

(16)  Establish procedures for maintaining a record of the employment history, including background screening as required by s. 400.953, of all home medical equipment provider personnel. A home medical equipment provider must require its personnel to submit an employment history to the home medical equipment provider and must verify the employment history for at least the previous 5 years, unless through diligent efforts such verification is not possible. There is no monetary liability on the part of, and no cause of action for damages arising against a former employer, a prospective employee, or a prospective independent contractor with a licensed home medical equipment provider, who reasonably and in good faith communicates his or her honest opinions about a former employee's job performance. This subsection does not affect the official immunity of an officer or employee of a public corporation.

(17)  Upon request by the consumer or as otherwise required by state law and rules, or federal law and regulations, assist consumers with meeting the necessary filing requirements to obtain third-party payment to which a consumer may be entitled.

(18)  Maintain safe premises.

(19)  Comply with all other state and federal laws.

History.--s. 1, ch. 99-189.