Senate Bill sb2236
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2236
By Senator Klein
30-1491-04 See HB
1 A bill to be entitled
2 An act relating to wheeled mobility devices;
3 providing a popular name; providing
4 definitions; providing requirements for the
5 provision of prescribed wheeled mobility
6 devices by organizations providing home health,
7 home medical equipment, hospice, or
8 professional support services to patients on an
9 outpatient basis in either their regular or
10 temporary place of residence; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Wheeled mobility devices; provision by home
16 care organizations; requirements.--
17 (1) POPULAR NAME.--This section may be cited as the
18 "Consumer Protection Act for Wheeled Mobility."
19 (2) DEFINITIONS.--As used in this section, the term:
20 (a) "Assistive technology practitioner" or "ATP" means
21 a service provider primarily involved in evaluating the
22 consumer's needs and training in the use of a prescribed
23 wheeled mobility device.
24 (b) "Assistive technology supplier" or "ATS" means a
25 service provider involved in the sale and service of
26 commercially available wheeled mobility devices.
27 (c) "Credentialed wheeled mobility person" means:
28 1. A health care practitioner licensed under chapter
29 458 or chapter 459, Florida Statutes;
30 2. An individual who has obtained the designation of
31 ATP or ATS, meeting all requirements thereof, as established
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2236
30-1491-04 See HB
1 by the Rehabilitation Engineering and Assistive Technology
2 Society of North America (RESNA); or
3 3. An individual who has met the following
4 requirements and provides to the home care organization
5 providing prescribed wheeled mobility devices, where the
6 individual is on staff:
7 a. Documentation to prove the completion of at least
8 15 hours of continuing education within the 12 months
9 immediately prior to July 1, 2004, and by June 30 of all
10 subsequent years, in the field of seating and wheeled
11 mobility, which may include, but is not limited to:
12 (I) Courses by health care professionals;
13 (II) Courses by health care associations;
14 (III) Courses by a college or university;
15 (IV) Courses by manufacturers;
16 (V) Inservice training by manufacturers; or
17 (VI) Attendance at symposia or conferences.
18 b. Proof of at least 1 year's experience in the field
19 of rehabilitation technology.
20 c. Three recommendations from health care
21 practitioners licensed under chapter 458 or chapter 459,
22 Florida Statutes, who can attest to the skills of the provider
23 in seating and wheeled mobility.
24 (d) "Evaluation" means the determination and
25 documentation of the physiological and functional factors that
26 impact the selection of an appropriate seating and wheeled
27 mobility device.
28 (e) "Home care organization" means an organization
29 that provides home health services under part IV of chapter
30 400, Florida Statutes, hospice services under part VI of
31 chapter 400, Florida Statutes, home medical equipment services
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2236
30-1491-04 See HB
1 under part X of chapter 400, Florida Statutes, or professional
2 support services as defined in paragraph (f) to patients on an
3 outpatient basis in either their regular or temporary place of
4 residence. An entity is a "home care organization" if it does
5 any of the following:
6 1. Holds itself out to the public as providing home
7 health services, home medical equipment services, or hospice
8 services.
9 2. Contracts or agrees to deliver home health
10 services, home medical equipment services, or hospice
11 services.
12 3. Accepts, in the organization's name, physician
13 orders for home health services, home medical equipment
14 services, or hospice services.
15 4. Accepts responsibility for the delivery of home
16 health services, home medical equipment services, or hospice
17 services.
18 5. Contracts to provide professional support services
19 with the Agency for Health Care Administration under chapter
20 393, Florida Statutes.
21 (f) "Professional support services" means nursing
22 services under chapter 464, Florida Statutes, speech-language
23 pathology or audiology services under part I of chapter 468,
24 Florida Statutes, occupational therapy under part III of
25 chapter 468, Florida Statutes, or physical therapy services
26 under chapter 486, Florida Statutes, provided to individuals
27 with mental retardation or developmental disabilities pursuant
28 to a contract with the Agency for Health Care Administration
29 under chapter 393, Florida Statutes.
30 (g) "Wheeled mobility device" means a wheelchair or
31 wheelchair and seated positioning system prescribed by a
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2236
30-1491-04 See HB
1 physician licensed under chapter 458, Florida Statutes, or an
2 osteopathic physician licensed under chapter 459, Florida
3 Statutes, and required for use by the patient for a period of
4 6 months or more. The following Medicare wheelchair base codes
5 are exempt from this definition: K0001, K0002, K0003, K0004,
6 and K0006.
7 (3) PRESCRIBED WHEELED MOBILITY DEVICES; PROVISION BY
8 HOME CARE ORGANIZATIONS.--
9 (a) Each home care organization providing a prescribed
10 wheeled mobility device in this state must have on staff a
11 credentialed wheeled mobility person.
12 (b) Each home care organization providing a prescribed
13 wheeled mobility device in this state must obtain for the
14 recipient of the device a complete written evaluation and
15 recommendation by a credentialed wheeled mobility person or
16 physical or occupational therapist.
17 (c) Beginning January 1, 2007, each home care
18 organization providing a prescribed wheeled mobility device in
19 this state must obtain for the recipient of the device a
20 complete written evaluation and recommendation by a
21 credentialed wheeled mobility person who is, at minimum, a
22 health care practitioner licensed under chapter 458 or chapter
23 459, Florida Statutes, or a person who has obtained the
24 designation of ATP or ATS.
25 Section 2. This act shall take effect July 1, 2004.
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