HB 1051

1	A bill to be entitled
2	An act relating to wheeled mobility devices; providing a
3	popular name; providing definitions; providing
4	requirements for the provision of prescribed wheeled
5	mobility devices by organizations providing home health,
6	home medical equipment, hospice, or professional support
7	services to patients on an outpatient basis in either
8	their regular or temporary place of residence; providing
9	an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Wheeled mobility devices; provision by home
14	care organizations; requirements.--
15	(1)  POPULAR NAME.--This section may be cited as the
16	"Consumer Protection Act for Wheeled Mobility."
17	(2)  DEFINITIONS.--As used in this section, the term:
18	(a)  "Assistive technology practitioner" or "ATP" means a
19	service provider primarily involved in evaluating the consumer's
20	needs and training in the use of a prescribed wheeled mobility
21	device.
22	(b)  "Assistive technology supplier" or "ATS" means a
23	service provider involved in the sale and service of
24	commercially available wheeled mobility devices.
25	(c)  "Credentialed wheeled mobility person" means:
26	1.  A health care practitioner licensed under chapter 458
27	or chapter 459, Florida Statutes;
28	2.  An individual who has obtained the designation of ATP
29	or ATS, meeting all requirements thereof, as established by the
30	Rehabilitation Engineering and Assistive Technology Society of
31	North America (RESNA); or
32	3.  An individual who has met the following requirements
33	and provides to the home care organization providing prescribed
34	wheeled mobility devices, where the individual is on staff:
35	a.  Documentation to prove the completion of at least 15
36	hours of continuing education within the 12 months immediately
37	prior to July 1, 2004, and by June 30 of all subsequent years,
38	in the field of seating and wheeled mobility, which may include,
39	but is not limited to:
40	(I)  Courses by health care professionals;
41	(II)  Courses by health care associations;
42	(III)  Courses by a college or university;
43	(IV)  Courses by manufacturers;
44	(V)  Inservice training by manufacturers; or
45	(VI)  Attendance at symposia or conferences.
46	b.  Proof of at least 1 year's experience in the field of
47	rehabilitation technology.
48	c.  Three recommendations from health care practitioners
49	licensed under chapter 458 or chapter 459, Florida Statutes, who
50	can attest to the skills of the provider in seating and wheeled
51	mobility.
52	(d)  "Evaluation" means the determination and documentation
53	of the physiological and functional factors that impact the
54	selection of an appropriate seating and wheeled mobility device.
55	(e)  "Home care organization" means an organization that
56	provides home health services under part IV of chapter 400,
57	Florida Statutes, hospice services under part VI of chapter 400,
58	Florida Statutes, home medical equipment services under part X
59	of chapter 400, Florida Statutes, or professional support
60	services as defined in paragraph (f) to patients on an
61	outpatient basis in either their regular or temporary place of
62	residence. An entity is a "home care organization" if it does
63	any of the following:
64	1.  Holds itself out to the public as providing home health
65	services, home medical equipment services, or hospice services.
66	2.  Contracts or agrees to deliver home health services,
67	home medical equipment services, or hospice services.
68	3.  Accepts, in the organization's name, physician orders
69	for home health services, home medical equipment services, or
70	hospice services.
71	4.  Accepts responsibility for the delivery of home health
72	services, home medical equipment services, or hospice services.
73	5.  Contracts to provide professional support services with
74	the Agency for Health Care Administration under chapter 393,
75	Florida Statutes.
76	(f)  "Professional support services" means nursing services
77	under chapter 464, Florida Statutes, speech-language pathology
78	or audiology services under part I of chapter 468, Florida
79	Statutes, occupational therapy under part III of chapter 468,
80	Florida Statutes, or physical therapy services under chapter
81	486, Florida Statutes, provided to individuals with mental
82	retardation or developmental disabilities pursuant to a contract
83	with the Agency for Health Care Administration under chapter
84	393, Florida Statutes.
85	(g)  "Wheeled mobility device" means a wheelchair or
86	wheelchair and seated positioning system prescribed by a
87	physician licensed under chapter 458, Florida Statutes, or an
88	osteopathic physician licensed under chapter 459, Florida
89	Statutes, and required for use by the patient for a period of 6
90	months or more. The following Medicare wheelchair base codes are
91	exempt from this definition: K0001, K0002, K0003, K0004, and
92	K0006.
93	(3)  PRESCRIBED WHEELED MOBILITY DEVICES; PROVISION BY HOME
94	CARE ORGANIZATIONS.--
95	(a)  Each home care organization providing a prescribed
96	wheeled mobility device in this state must have on staff a
97	credentialed wheeled mobility person.
98	(b)  Each home care organization providing a prescribed
99	wheeled mobility device in this state must obtain for the
100	recipient of the device a complete written evaluation and
101	recommendation by a credentialed wheeled mobility person or
102	physical or occupational therapist.
103	(c)  Beginning January 1, 2007, each home care organization
104	providing a prescribed wheeled mobility device in this state
105	must obtain for the recipient of the device a complete written
106	evaluation and recommendation by a credentialed wheeled mobility
107	person who is, at minimum, a health care practitioner licensed
108	under chapter 458 or chapter 459, Florida Statutes, or a person
109	who has obtained the designation of ATP or ATS.
110	Section 2.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.