Senate Bill sb2236c1

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    Florida Senate - 2004                           CS for SB 2236

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Klein




    317-2441-04

  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.

12  

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 physician licensed under chapter 458, Florida

29  Statutes, an osteopathic physician licensed under chapter 459,

30  Florida Statutes, an occupational therapist licensed under

31  

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    Florida Senate - 2004                           CS for SB 2236
    317-2441-04




 1  chapter 468, Florida Statutes, or a physical therapist

 2  licensed under chapter 486, Florida Statutes;

 3         2.  An individual who has obtained the designation of

 4  ATP or ATS, meeting all requirements thereof, as established

 5  by the Rehabilitation Engineering and Assistive Technology

 6  Society of North America (RESNA); or

 7         3.  An individual who has met the following

 8  requirements and provides to the home care organization

 9  providing prescribed wheeled mobility devices, where the

10  individual is on staff:

11         a.  Documentation to prove the completion of at least

12  15 hours of continuing education within the 12 months

13  immediately prior to July 1, 2004, and by June 30 of all

14  subsequent years, in the field of seating and wheeled

15  mobility, which may include, but is not limited to:

16         (I)  Courses by health care professionals;

17         (II)  Courses by health care associations;

18         (III)  Courses by a college or university;

19         (IV)  Courses by manufacturers;

20         (V)  Inservice training by manufacturers; or

21         (VI)  Attendance at symposia or conferences.

22         b.  Proof of at least 1 year's experience in the field

23  of rehabilitation technology.

24         c.  Three recommendations from health care

25  practitioners licensed under chapter 458 or chapter 459,

26  Florida Statutes, who can attest to the skills of the provider

27  in seating and wheeled mobility.

28         (d)  "Evaluation" means the determination and

29  documentation of the physiological and functional factors that

30  impact the selection of an appropriate seating and wheeled

31  mobility device.

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    Florida Senate - 2004                           CS for SB 2236
    317-2441-04




 1         (e)  "Home care organization" means an organization

 2  that provides home health services under part IV of chapter

 3  400, Florida Statutes, hospice services under part VI of

 4  chapter 400, Florida Statutes, home medical equipment services

 5  under part X of chapter 400, Florida Statutes, or professional

 6  support services as defined in paragraph (f) to patients on an

 7  outpatient basis in either their regular or temporary place of

 8  residence. An entity is a "home care organization" if it does

 9  any of the following:

10         1.  Holds itself out to the public as providing home

11  health services, home medical equipment services, or hospice

12  services.

13         2.  Contracts or agrees to deliver home health

14  services, home medical equipment services, or hospice

15  services.

16         3.  Accepts, in the organization's name, physician

17  orders for home health services, home medical equipment

18  services, or hospice services.

19         4.  Accepts responsibility for the delivery of home

20  health services, home medical equipment services, or hospice

21  services.

22         5.  Contracts to provide professional support services

23  with the Agency for Health Care Administration under chapter

24  393, Florida Statutes.

25         (f)  "Professional support services" means nursing

26  services under chapter 464, Florida Statutes, speech-language

27  pathology or audiology services under part I of chapter 468,

28  Florida Statutes, occupational therapy under part III of

29  chapter 468, Florida Statutes, or physical therapy services

30  under chapter 486, Florida Statutes, provided to individuals

31  with mental retardation or developmental disabilities pursuant

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    Florida Senate - 2004                           CS for SB 2236
    317-2441-04




 1  to a contract with the Agency for Health Care Administration

 2  under chapter 393, Florida Statutes.

 3         (g)  "Wheeled mobility device" means a wheelchair or

 4  wheelchair and seated positioning system prescribed by a

 5  physician licensed under chapter 458, Florida Statutes, or an

 6  osteopathic physician licensed under chapter 459, Florida

 7  Statutes, and required for use by the patient for a period of

 8  6 months or more. The following Medicare wheelchair base codes

 9  are exempt from this definition: K0001, K0002, K0003, K0004,

10  and K0006.

11         (3)  PRESCRIBED WHEELED MOBILITY DEVICES; PROVISION BY

12  HOME CARE ORGANIZATIONS.--

13         (a)  Each home care organization providing a prescribed

14  wheeled mobility device in this state must have on staff a

15  credentialed wheeled mobility person.

16         (b)  Each home care organization providing a prescribed

17  wheeled mobility device in this state must obtain for the

18  recipient of the device a complete written evaluation and

19  recommendation by a credentialed wheeled mobility person or

20  physical or occupational therapist.

21         (c)  Beginning January 1, 2007, each home care

22  organization providing a prescribed wheeled mobility device in

23  this state must obtain for the recipient of the device a

24  complete written evaluation and recommendation by a

25  credentialed wheeled mobility person who is, at minimum, a

26  physician licensed under chapter 458, Florida Statutes, an

27  osteopathic physician licensed under chapter 459, Florida

28  Statutes, an occupational therapist licensed under chapter

29  468, Florida Statutes, a physical therapist licensed under

30  chapter 486, Florida Statutes, or a person who has obtained

31  the designation of ATP or ATS.

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    Florida Senate - 2004                           CS for SB 2236
    317-2441-04




 1         Section 2.  This act shall take effect July 1, 2004.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate bill 2236

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 6  The Committee Substitute expands the definition of
    "credentialed wheeled mobility person" to include an
 7  occupational therapist licensed under chapter 468, F.S., and a
    physical therapist licensed under chapter 486, F.S.
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