Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2570
                        Barcode 872422
                            CHAMBER ACTION
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11  The Committee on Health Care (Jones) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 400.925, Florida
19  Statutes, is amended, and subsections (17), (18), (19), and
20  (20) are added to that section, to read:
21         400.925  Definitions.--As used in this part, the term:
22         (1)  "Accrediting organizations" means the Joint
23  Commission on Accreditation of Healthcare Organizations, the
24  Community Health Accreditation Program (CHAP), the
25  Accreditation Commission for Health Care, Inc. (ACHC), or
26  other national accreditation agencies whose standards for
27  accreditation are comparable to those required by this part
28  for licensure.
29         (17)  "High-tech medical equipment provider" means any
30  home medical equipment company that provides life-sustaining
31  equipment, technologically advanced equipment, or any other
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2570 Barcode 872422 1 similar equipment or product to any patient. 2 (18) "Life-sustaining equipment" means mechanical 3 ventilators or other equipment that is essential to the 4 restoration or continuation of a bodily function important to 5 the continuation of human life. 6 (19) "Technologically advanced equipment" means 7 equipment of such complexity that a licensed respiratory 8 therapist or registered nurse must set it up and train the 9 patient in its use. 10 (20) "From its own inventory" means to provide the 11 items or service directly to the patient. 12 Section 2. Paragraph (a) of subsection (2) and 13 subsections (6) and (7) of section 400.931, Florida Statutes, 14 are amended to read: 15 400.931 Application for license; fee; provisional 16 license; temporary permit.-- 17 (2) The applicant must file with the application 18 satisfactory proof that the home medical equipment provider is 19 in compliance with this part and applicable rules, including: 20 (a) A report, by category, of the equipment to be 21 provided, indicating those offered either directly by the 22 applicant or through contractual arrangements with existing 23 providers. Categories of equipment include: 24 1. Respiratory modalities. 25 2. Ambulation aids. 26 3. Mobility aids. 27 4. Sickroom setup. 28 5. Disposables. 29 6. Life-sustaining equipment. 30 7. Technologically advanced equipment. 31 (6) The home medical equipment provider must also 2 7:07 PM 04/10/05 s2570d-he13-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2570 Barcode 872422 1 obtain and maintain professional and commercial liability 2 insurance. Proof of liability insurance, as defined in s. 3 624.605, must be submitted with the application. The agency 4 shall set the required amounts of liability insurance by rule, 5 but the required amount must not be less than $300,000 6 $250,000 per claim. In the case of contracted services, it is 7 required that the contractor have liability insurance not less 8 than $300,000 $250,000 per claim. 9 (7) A provisional license shall be issued to an 10 approved applicant for initial licensure for a period of 90 11 days, during which time a survey must be conducted 12 demonstrating substantial compliance with this section. A 13 temporary provisional license shall also be issued pending the 14 results of an applicant's Federal Bureau of Investigation 15 report of background screening confirming that all standards 16 have been met. If substantial compliance is demonstrated, a 17 standard license shall be issued to expire 2 years after the 18 effective date of the provisional license. 19 Section 3. Subsection (2) of section 400.933, Florida 20 Statutes, is amended, and subsection (3) is added to that 21 section, to read: 22 400.933 Licensure inspections and investigations.-- 23 (2) The agency shall accept, in lieu of its own 24 periodic inspections for licensure, submission of the 25 following: 26 (a) the survey or inspection of an accrediting 27 organization, provided the accreditation of the licensed home 28 medical equipment provider is not provisional and provided the 29 licensed home medical equipment provider authorizes release 30 of, and the agency receives the report of, the accrediting 31 organization.; or 3 7:07 PM 04/10/05 s2570d-he13-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2570 Barcode 872422 1 (b) A copy of a valid medical oxygen retail 2 establishment permit issued by the Department of Health, 3 pursuant to chapter 499. 4 (3) In addition to any administrative fines imposed, 5 the agency may assess a survey fee of $500 to cover the cost 6 of conducting complaint investigations that result in the 7 finding of a violation that was the subject of the compliant 8 and any followup visits conducted to verify the correction of 9 the violations found in complaints. 10 Section 4. Subsections (3), (4), and (18) of section 11 400.934, Florida Statutes, are amended, and subsection (20) is 12 added to that section, to read: 13 400.934 Minimum standards.--As a requirement of 14 licensure, home medical equipment providers shall: 15 (3) Respond to orders received for other equipment by 16 filling those orders from its own inventory or inventory from 17 other companies with which it has contracted to fill such 18 orders; or by customizing or fitting items for sale from 19 supplies purchased under contract, except that high-tech 20 medical equipment providers shall fill all orders for 21 technologically advanced equipment directly from their own 22 inventory and shall not contract with any entity for the 23 delivery of such orders unless such entity is also licensed 24 and accredited pursuant to this subsection. 25 (4) Maintain trained personnel to coordinate order 26 fulfillment and schedule timely equipment and service 27 delivery. High-tech medical equipment providers shall have on 28 staff, at a minimum, one licensed respiratory therapist, who 29 is either a certified respiratory therapist (CRT), a 30 registered respiratory therapist (RRT), or a registered nurse. 31 (18) Maintain safe premises that are fully accessible 4 7:07 PM 04/10/05 s2570d-he13-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2570 Barcode 872422 1 to all patients between the hours of 9 a.m. and 5 p.m. 2 (20) Provide consumers with after-hours emergency 3 service appropriately staffed by personnel equipped to offer 4 necessary services to the public. High-tech medical equipment 5 providers shall have on call, at a minimum, one licensed 6 respiratory therapist who is either a certified respiratory 7 therapist (CRT), a registered respiratory therapist (RRT), or 8 a registered nurse. 9 Section 5. Subsections (11) and (12) are added to 10 section 400.935, Florida Statutes, to read: 11 400.935 Rules establishing minimum standards.--The 12 agency shall adopt, publish, and enforce rules to implement 13 this part, which must provide reasonable and fair minimum 14 standards relating to: 15 (11) The designation of equipment as life sustaining 16 or technologically advanced. 17 (12) The designation of appropriate accrediting 18 organizations. 19 Section 6. Section 400.936, Florida Statutes, is 20 created to read: 21 400.936 Mandatory accreditation.-- 22 (1) Effective January 1, 2006, all home medical 23 equipment providers licensed under this part shall submit to 24 the agency proof of accreditation as a prerequisite for 25 licensure or license renewal. Any provider that does not 26 submit proof of accreditation shall be issued a temporary 27 license and shall have 60 days to submit proof of application 28 to an accrediting organization. Such provider shall submit 29 proof of accreditation within 180 days after submitting an 30 application in order to receive a permanent license. Any home 31 medical equipment provider licenses as of January 1, 2006, 5 7:07 PM 04/10/05 s2570d-he13-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2570 Barcode 872422 1 shall have a reasonable period of tome, not ot exceed its next 2 licensure renewal date, to comply with the accreditation 3 requirement. Applicants that submit proof of accreditation, a 4 completed licensure application, and the required fee may 5 receive a temporary license until completion of the review of 6 accreditation. 7 (2) The agency shall adopt rules designating 8 appropriate accrediting organizations whose standards for 9 accreditation are comparable to those required by this part 10 for licensure. 11 Section 7. Section 400.95, Florida Statutes, is 12 amended to read: 13 400.95 Notice of toll-free telephone number for 14 central fraud and abuse hotline.--On or before the first day 15 home medical equipment is delivered to the patient's home, any 16 home medical equipment provider licensed under this part must 17 inform the consumer and his or her immediate family, if 18 appropriate, of the right to report fraudulent, abusive, 19 neglectful, or exploitative practices. The statewide toll-free 20 telephone number for the central fraud and abuse hotline must 21 be provided to consumers in a manner that is clearly legible 22 and must include the words: "To report fraud, abuse, neglect, 23 or exploitation, please call toll-free 1-800-962-2873." Home 24 medical equipment providers shall establish appropriate 25 policies and procedures for providing such notice to 26 consumers. 27 Section 8. This act shall take effect July 1, 2005. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 6 7:07 PM 04/10/05 s2570d-he13-ta1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2570 Barcode 872422 1 Delete everything before the enacting clause 2 3 and insert: 4 A bill to be entitled 5 An act relating to home medical equipment 6 providers; amending s. 400.925, F.S.; revising 7 and providing definitions; amending s. 400.931, 8 F.S.; including additional categories of 9 equipment in a report required by applicants 10 for licensure; increasing the amount of 11 liability insurance required of home medical 12 equipment providers; amending s. 400.933, F.S.; 13 revising requirements for licensure and 14 assessment of fees; amending s. 400.934, F.S.; 15 revising minimum standards required for 16 licensure; amending s. 400.935, F.S.; requiring 17 the Agency for Health Care Administration to 18 provide additional regulatory standards by 19 rule; creating s. 400.936, F.S.; requiring 20 proof of accreditation as a prerequisite for 21 licensure or license renewal; providing for 22 temporary licensure; providing for rules 23 relating to designation of accrediting 24 organizations; amending s. 400.95, F.S.; 25 providing for notice of a toll-free telephone 26 number to report fraud and abuse by providers; 27 providing an effective date. 28 29 30 31 7 7:07 PM 04/10/05 s2570d-he13-ta1