1 | A bill to be entitled |
2 | An act relating to home medical equipment providers; |
3 | amending s. 400.925, F.S.; revising and providing |
4 | definitions; amending s. 400.931, F.S.; including |
5 | additional categories of equipment in a report required by |
6 | applicants for licensure; increasing the amount of |
7 | liability insurance required of home medical equipment |
8 | providers; amending s. 400.933, F.S.; revising |
9 | requirements for licensure inspections and investigations; |
10 | amending s. 400.934, F.S.; revising minimum standards |
11 | required for licensure; amending s. 400.935, F.S.; |
12 | requiring the Agency for Health Care Administration to |
13 | provide additional regulatory standards by rule; creating |
14 | s. 400.936, F.S.; requiring proof of accreditation as a |
15 | prerequisite for licensure or license renewal; providing |
16 | for temporary licensure; providing for rules relating to |
17 | designation of accrediting organizations; amending s. |
18 | 400.95, F.S.; providing for notice of toll-free telephone |
19 | number to report fraud and abuse by providers; providing |
20 | an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Subsection (1) of section 400.925, Florida |
25 | Statutes, is amended, and subsections (17), (18), (19), (20), |
26 | and (21) are added to said section, to read: |
27 | 400.925 Definitions.--As used in this part, the term: |
28 | (1) "Accrediting organizations" means the Joint Commission |
29 | on Accreditation of Healthcare Organizations, the Community |
30 | Health Accreditation Program (CHAP), the Accreditation |
31 | Commission for Health Care, Inc. (ACHC), or other national |
32 | accreditation agencies whose standards for accreditation are |
33 | comparable to those required by this part for licensure. |
34 | (17) "High-tech medical equipment provider" means any home |
35 | medical equipment company that provides ventilator care, |
36 | tracheotomy care, life-sustaining equipment, technologically |
37 | advanced equipment, or any other similar service or product to |
38 | any pediatric patient. |
39 | (18) "Pediatric patient" means any patient under 21 years |
40 | of age. |
41 | (19) "Life-sustaining equipment" means mechanical |
42 | ventilators or other similar equipment that supports life or |
43 | essential respiratory functions. |
44 | (20) "Technologically advanced equipment" means equipment |
45 | of such complexity that a licensed respiratory therapist or |
46 | registered nurse must set it up and train the patient in its |
47 | use. |
48 | (21) "From its own inventory" means to provide the items |
49 | or service directly to the patient without the use of inventory |
50 | personnel from other companies or subcontractors. |
51 | Section 2. Paragraph (a) of subsection (2) and subsection |
52 | (6) of section 400.931, Florida Statutes, are amended to read: |
53 | 400.931 Application for license; fee; provisional license; |
54 | temporary permit.-- |
55 | (2) The applicant must file with the application |
56 | satisfactory proof that the home medical equipment provider is |
57 | in compliance with this part and applicable rules, including: |
58 | (a) A report, by category, of the equipment to be |
59 | provided, indicating those offered either directly by the |
60 | applicant or through contractual arrangements with existing |
61 | providers. Categories of equipment include: |
62 | 1. Respiratory modalities. |
63 | 2. Ambulation aids. |
64 | 3. Mobility aids. |
65 | 4. Sickroom setup. |
66 | 5. Disposables. |
67 | 6. Life-sustaining equipment. |
68 | 7. Technologically advanced equipment. |
69 | (6) The home medical equipment provider must also obtain |
70 | and maintain professional and commercial liability insurance. |
71 | Proof of liability insurance, as defined in s. 624.605, must be |
72 | submitted with the application. The agency shall set the |
73 | required amounts of liability insurance by rule, but the |
74 | required amount must not be less than $300,000 $250,000 per |
75 | claim. In the case of contracted services, it is required that |
76 | the contractor have liability insurance not less than $300,000 |
77 | $250,000 per claim. |
78 | Section 3. Subsection (2) of section 400.933, Florida |
79 | Statutes, is amended to read: |
80 | 400.933 Licensure inspections and investigations.-- |
81 | (2) The agency shall accept, in lieu of its own periodic |
82 | inspections for licensure, submission of the following: |
83 | (a) the survey or inspection of an accrediting |
84 | organization, provided the accreditation of the licensed home |
85 | medical equipment provider is not provisional and provided the |
86 | licensed home medical equipment provider authorizes release of, |
87 | and the agency receives the report of, the accrediting |
88 | organization; or |
89 | (b) A copy of a valid medical oxygen retail establishment |
90 | permit issued by the Department of Health, pursuant to chapter |
91 | 499. |
92 | Section 4. Subsections (3), (4), and (18) of section |
93 | 400.934, Florida Statutes, are amended, and subsections (20) and |
94 | (21) are added to said section, to read: |
95 | 400.934 Minimum standards.--As a requirement of licensure, |
96 | home medical equipment providers shall: |
97 | (3) Respond to orders received for other equipment by |
98 | filling those orders from its own inventory or inventory from |
99 | other companies with which it has contracted to fill such |
100 | orders; or by customizing or fitting items for sale from |
101 | supplies purchased under contract, except that high-tech medical |
102 | equipment providers shall fill all orders for technologically |
103 | advanced equipment directly from their own inventory and shall |
104 | not contract with any entity for the delivery of such orders. |
105 | (4) Maintain trained personnel to coordinate order |
106 | fulfillment and schedule timely equipment and service delivery. |
107 | High-tech medical equipment providers shall have on staff, at a |
108 | minimum, one licensed respiratory therapist, who is either a |
109 | certified respiratory therapist (CRT) or a registered |
110 | respiratory therapist (RRT), or a registered nurse. |
111 | (18) Maintain safe premises that are fully accessible to |
112 | all patients between the hours of 9 a.m. and 5 p.m. |
113 | (20) Provide consumers with after-hours emergency service |
114 | appropriately staffed by personnel equipped to offer necessary |
115 | services to the public. High-tech medical equipment providers |
116 | shall have on call, at a minimum, one licensed respiratory |
117 | therapist, who is either a certified respiratory therapist (CRT) |
118 | or a registered respiratory therapist (RRT), or a registered |
119 | nurse. |
120 | Section 5. Subsections (11) and (12) are added to section |
121 | 400.935, Florida Statutes, to read: |
122 | 400.935 Rules establishing minimum standards.--The agency |
123 | shall adopt, publish, and enforce rules to implement this part, |
124 | which must provide reasonable and fair minimum standards |
125 | relating to: |
126 | (11) The designation of equipment as life sustaining or |
127 | technologically advanced. |
128 | (12) The designation of appropriate accrediting |
129 | organizations. |
130 | Section 6. Section 400.936, Florida Statutes, is created |
131 | to read: |
132 | 400.936 Mandatory accreditation.-- |
133 | (1) Effective January 1, 2006, all home medical equipment |
134 | providers licensed pursuant to this part shall submit to the |
135 | agency proof of accreditation as a prerequisite for licensure or |
136 | license renewal. Any provider that does not submit proof of |
137 | accreditation shall be issued a temporary license and shall have |
138 | 60 days to submit proof of application to an accrediting |
139 | organization. Such provider shall submit proof of accreditation |
140 | within 180 days after submitting an application in order to |
141 | receive a permanent license. |
142 | (2) The agency shall adopt rules designating appropriate |
143 | accrediting organizations whose standards for accreditation are |
144 | comparable to those required by this part for licensure. |
145 | Section 7. Section 400.95, Florida Statutes, is amended to |
146 | read: |
147 | 400.95 Notice of toll-free telephone number for central |
148 | fraud and abuse hotline.--On or before the first day home |
149 | medical equipment is delivered to the patient's home, any home |
150 | medical equipment provider licensed under this part must inform |
151 | the consumer and his or her immediate family, if appropriate, of |
152 | the right to report fraudulent, abusive, neglectful, or |
153 | exploitative practices. The statewide toll-free telephone number |
154 | for the central fraud and abuse hotline must be provided to |
155 | consumers in a manner that is clearly legible and must include |
156 | the words: "To report fraud, abuse, neglect, or exploitation, |
157 | please call toll-free 1-800-962-2873." Home medical equipment |
158 | providers shall establish appropriate policies and procedures |
159 | for providing such notice to consumers. |
160 | Section 8. This act shall take effect July 1, 2005. |