HB 0179

1
A bill to be entitled
2An act relating to home medical equipment providers;
3amending s. 400.925, F.S.; revising and providing
4definitions; amending s. 400.931, F.S.; including
5additional categories of equipment in a report required by
6applicants for licensure; increasing the amount of
7liability insurance required of home medical equipment
8providers; amending s. 400.933, F.S.; revising
9requirements for licensure inspections and investigations;
10amending s. 400.934, F.S.; revising minimum standards
11required for licensure; amending s. 400.935, F.S.;
12requiring the Agency for Health Care Administration to
13provide additional regulatory standards by rule; creating
14s. 400.936, F.S.; requiring proof of accreditation as a
15prerequisite for licensure or license renewal; providing
16for temporary licensure; providing for rules relating to
17designation of accrediting organizations; amending s.
18400.95, F.S.; providing for notice of toll-free telephone
19number to report fraud and abuse by providers; providing
20an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (1) of section 400.925, Florida
25Statutes, is amended, and subsections (17), (18), (19), (20),
26and (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
29on Accreditation of Healthcare Organizations, the Community
30Health Accreditation Program (CHAP), the Accreditation
31Commission for Health Care, Inc. (ACHC), or other national
32accreditation agencies whose standards for accreditation are
33comparable to those required by this part for licensure.
34     (17)  "High-tech medical equipment provider" means any home
35medical equipment company that provides ventilator care,
36tracheotomy care, life-sustaining equipment, technologically
37advanced equipment, or any other similar service or product to
38any pediatric patient.
39     (18)  "Pediatric patient" means any patient under 21 years
40of age.
41     (19)  "Life-sustaining equipment" means mechanical
42ventilators or other similar equipment that supports life or
43essential respiratory functions.
44     (20)  "Technologically advanced equipment" means equipment
45of such complexity that a licensed respiratory therapist or
46registered nurse must set it up and train the patient in its
47use.
48     (21)  "From its own inventory" means to provide the items
49or service directly to the patient without the use of inventory
50personnel 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;
54temporary permit.--
55     (2)  The applicant must file with the application
56satisfactory proof that the home medical equipment provider is
57in compliance with this part and applicable rules, including:
58     (a)  A report, by category, of the equipment to be
59provided, indicating those offered either directly by the
60applicant or through contractual arrangements with existing
61providers. 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
70and maintain professional and commercial liability insurance.
71Proof of liability insurance, as defined in s. 624.605, must be
72submitted with the application. The agency shall set the
73required amounts of liability insurance by rule, but the
74required amount must not be less than $300,000 $250,000 per
75claim. In the case of contracted services, it is required that
76the contractor have liability insurance not less than $300,000
77$250,000 per claim.
78     Section 3.  Subsection (2) of section 400.933, Florida
79Statutes, is amended to read:
80     400.933  Licensure inspections and investigations.--
81     (2)  The agency shall accept, in lieu of its own periodic
82inspections for licensure, submission of the following:
83     (a)  the survey or inspection of an accrediting
84organization, provided the accreditation of the licensed home
85medical equipment provider is not provisional and provided the
86licensed home medical equipment provider authorizes release of,
87and the agency receives the report of, the accrediting
88organization; or
89     (b)  A copy of a valid medical oxygen retail establishment
90permit issued by the Department of Health, pursuant to chapter
91499.
92     Section 4.  Subsections (3), (4), and (18) of section
93400.934, 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,
96home medical equipment providers shall:
97     (3)  Respond to orders received for other equipment by
98filling those orders from its own inventory or inventory from
99other companies with which it has contracted to fill such
100orders; or by customizing or fitting items for sale from
101supplies purchased under contract, except that high-tech medical
102equipment providers shall fill all orders for technologically
103advanced equipment directly from their own inventory and shall
104not contract with any entity for the delivery of such orders.
105     (4)  Maintain trained personnel to coordinate order
106fulfillment and schedule timely equipment and service delivery.
107High-tech medical equipment providers shall have on staff, at a
108minimum, one licensed respiratory therapist, who is either a
109certified respiratory therapist (CRT) or a registered
110respiratory therapist (RRT), or a registered nurse.
111     (18)  Maintain safe premises that are fully accessible to
112all patients between the hours of 9 a.m. and 5 p.m.
113     (20)  Provide consumers with after-hours emergency service
114appropriately staffed by personnel equipped to offer necessary
115services to the public. High-tech medical equipment providers
116shall have on call, at a minimum, one licensed respiratory
117therapist, who is either a certified respiratory therapist (CRT)
118or a registered respiratory therapist (RRT), or a registered
119nurse.
120     Section 5.  Subsections (11) and (12) are added to section
121400.935, Florida Statutes, to read:
122     400.935  Rules establishing minimum standards.--The agency
123shall adopt, publish, and enforce rules to implement this part,
124which must provide reasonable and fair minimum standards
125relating to:
126     (11)  The designation of equipment as life sustaining or
127technologically advanced.
128     (12)  The designation of appropriate accrediting
129organizations.
130     Section 6.  Section 400.936, Florida Statutes, is created
131to read:
132     400.936  Mandatory accreditation.--
133     (1)  Effective January 1, 2006, all home medical equipment
134providers licensed pursuant to this part shall submit to the
135agency proof of accreditation as a prerequisite for licensure or
136license renewal. Any provider that does not submit proof of
137accreditation shall be issued a temporary license and shall have
13860 days to submit proof of application to an accrediting
139organization. Such provider shall submit proof of accreditation
140within 180 days after submitting an application in order to
141receive a permanent license.
142     (2)  The agency shall adopt rules designating appropriate
143accrediting organizations whose standards for accreditation are
144comparable to those required by this part for licensure.
145     Section 7.  Section 400.95, Florida Statutes, is amended to
146read:
147     400.95  Notice of toll-free telephone number for central
148fraud and abuse hotline.--On or before the first day home
149medical equipment is delivered to the patient's home, any home
150medical equipment provider licensed under this part must inform
151the consumer and his or her immediate family, if appropriate, of
152the right to report fraudulent, abusive, neglectful, or
153exploitative practices. The statewide toll-free telephone number
154for the central fraud and abuse hotline must be provided to
155consumers in a manner that is clearly legible and must include
156the words: "To report fraud, abuse, neglect, or exploitation,
157please call toll-free 1-800-962-2873." Home medical equipment
158providers shall establish appropriate policies and procedures
159for providing such notice to consumers.
160     Section 8.  This act shall take effect July 1, 2005.


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