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The Committee on Health Regulation (Jones) recommended the

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following amendment:

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     Senate Amendment (with directory and title amendments)

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     Between line(s) 677 and 678

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insert:

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409.906  Optional Medicaid services.--Subject to specific

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appropriations, the agency may make payments for services which

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are optional to the state under Title XIX of the Social Security

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Act and are furnished by Medicaid providers to recipients who

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are determined to be eligible on the dates on which the services

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were provided. Any optional service that is provided shall be

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provided only when medically necessary and in accordance with

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state and federal law. Optional services rendered by providers

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in mobile units to Medicaid recipients may be restricted or

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prohibited by the agency. Nothing in this section shall be

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construed to prevent or limit the agency from adjusting fees,

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reimbursement rates, lengths of stay, number of visits, or

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number of services, or making any other adjustments necessary to

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comply with the availability of moneys and any limitations or

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directions provided for in the General Appropriations Act or

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chapter 216. If necessary to safeguard the state's systems of

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providing services to elderly and disabled persons and subject

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to the notice and review provisions of s. 216.177, the Governor

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may direct the Agency for Health Care Administration to amend

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the Medicaid state plan to delete the optional Medicaid service

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known as "Intermediate Care Facilities for the Developmentally

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Disabled." Optional services may include:

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(10)  DURABLE MEDICAL EQUIPMENT.--The agency may authorize

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and pay for certain durable medical equipment and supplies

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provided to a Medicaid recipient as medically necessary. As of

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January 1, 2009, the agency shall limit payment for durable

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medical equipment and supplies to providers who meet all of the

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criteria in this subsection.

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(a) Durable medical equipment and medical supply providers

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must be accredited by an Agency for Health Care Administration

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approved accreditation organization specifically designated as a

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durable medical equipment accrediting organization. The provider

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must be re-accredited periodically and shall be subject to

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unannounced reviews by the accrediting organization.

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(b) Durable medical equipment and medical supply providers

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must have a physical business location with durable medical

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equipment and medical supplies on site and must be readily

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available to the general public. The physical business location

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must meet the following criteria:

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1. The location must maintain a substantial inventory that

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is readily available and sufficient to meet the needs of the

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durable medical equipment business location's customers;

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2. The location must be clearly identified with signage

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that can be read from 20 feet away that readily identifies the

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business location as a business that furnishes durable medical

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equipment, medical supplies, or both;

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3. The location must have a functional landline business

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phone;

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4. The physical business location may not be located

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within or at the same numbered street address as another

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Medicaid-enrolled durable medical equipment and medical supply

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provider or an enrolled Medicaid pharmacy that is also enrolled

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as a durable medical equipment provider. A location within or at

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the same numbered street address includes unique suite or

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storefront numbers assigned by the U.S. Postal Service or the

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building's owner;

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5. For out-of-state providers, the physical business

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location must be no more than fifty miles from the Florida state

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line. Exceptions may be made for manufacturers of a specific

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type of unique durable medical equipment that is not otherwise

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available from other durable medical equipment distributors or

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providers located within the state; and

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6. Unless the provider is an out-of-state manufacturer

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business that is located more than fifty miles from the Florida

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state line and is excepted from sub-paragraph 5., the location

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must be easily accessible to the public during normal,

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scheduled, and posted business hours and must operate no less

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than five hours a day, and no less than five days a week, with

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the exception of scheduled and posted holidays.

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(c) Durable medical equipment and medical supply providers

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must obtain a $50,000 surety bond for each provider location, up

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to a maximum of five bonds statewide or an aggregate bond of

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$250,000 statewide as identified per Federal Employer

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Identification Number. Providers who qualify for a statewide or

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an aggregate bond must identify all of their locations in any

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Medicaid durable medical equipment and medical supply provider

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enrollment application or bond renewal. Each provider location's

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surety bond must be renewed annually and the provider must

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submit proof of renewal, even if the original bond is a

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continuous bond.

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(d) A level two background screening, as described in s.

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435.04, is required as a condition of employment for provider

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staff in direct contact with and providing direct services to

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recipients of durable medical equipment and medical supplies in

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their homes. This requirement includes, but is not limited to,

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repair and service technicians, fitters and delivery staff.

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(e) The following providers are exempt from paragraphs (a)

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and (c) of this subsection:

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1. A durable medical equipment and medical supply provider

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owned and operated by a governmental entity,

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2. A durable medical equipment and medical supply provider

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that is operating within a pharmacy that is currently enrolled

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as a Medicaid pharmacy provider, and

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3. An active Medicaid-enrolled orthopedic physician's

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group, primarily owned by physicians, that is providing only

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orthotic and prosthetic devices.

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     (Redesignate subsequent sections.)

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     between line(s) 677 and 678,

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insert:

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Section (10).  Subsection (10) of section 409.906, Florida

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Statutes, is amended to read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 50 after the semicolon,

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insert:

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amending s. 409.906, F.S.; requiring durable medical

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equipment providers enrolled in the Medicaid program to be

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accredited and have a physical business location that

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meets specified conditions; providing for exceptions of

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certain business location criteria; requiring a durable

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medical equipment provider enrolled in the Medicaid

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program to obtain a surety bond of a specified amount and

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for certain staff to have a background screening;

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providing for exemptions from accreditation and the surety

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bond for specified durable medical equipment providers;

3/4/2008  9:13:00 AM     HR.HR.04409