| 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. |