The Florida Senate

400.931  Application for license; fee; provisional license; temporary permit.--

(1)  Application for an initial license or for renewal of an existing license must be made under oath to the agency on forms furnished by it and must be accompanied by the appropriate license fee as provided in subsection (12).

(2)  The applicant must file with the application satisfactory proof that the home medical equipment provider is in compliance with this part and applicable rules, including:

(a)  A report, by category, of the equipment to be provided, indicating those offered either directly by the applicant or through contractual arrangements with existing providers. Categories of equipment include:

1.  Respiratory modalities.

2.  Ambulation aids.

3.  Mobility aids.

4.  Sickroom setup.

5.  Disposables.

(b)  A report, by category, of the services to be provided, indicating those offered either directly by the applicant or through contractual arrangements with existing providers. Categories of services include:

1.  Intake.

2.  Equipment selection.

3.  Delivery.

4.  Setup and installation.

5.  Patient training.

6.  Ongoing service and maintenance.

7.  Retrieval.

(c)  A listing of those with whom the applicant contracts, both the providers the applicant uses to provide equipment or services to its consumers and the providers for whom the applicant provides services or equipment.

(3)  The applicant for initial licensure must demonstrate financial ability to operate, which may be accomplished by the submission of a $50,000 surety bond to the agency.

(4)  An applicant for renewal who has demonstrated financial inability to operate must demonstrate financial ability to operate.

(5)  Each applicant for licensure must comply with the following requirements:

(a)  Upon receipt of a completed, signed, and dated application, the agency shall require background screening of the applicant, in accordance with the level 2 standards for screening set forth in chapter 435. As used in this subsection, the term "applicant" means the general manager and the financial officer or similarly titled individual who is responsible for the financial operation of the licensed facility.

(b)  The agency may require background screening for a member of the board of directors of the licensee or an officer or an individual owning 5 percent or more of the licensee if the agency has probable cause to believe that such individual has been convicted of an offense prohibited under the level 2 standards for screening set forth in chapter 435.

(c)  Proof of compliance with the level 2 background screening requirements of chapter 435 which has been submitted within the previous 5 years in compliance with any other health care licensure requirements of this state is acceptable in fulfillment of paragraph (a).

(d)  Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with disclosure of ownership and control interest requirements of the Medicaid or Medicare programs shall be accepted in lieu of this submission.

(e)  Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of chapter 435 by a member of the board of directors of the applicant, its officers, or any individual owning 5 percent or more of the applicant. This requirement does not apply to a director of a not-for-profit corporation or organization if the director serves solely in a voluntary capacity for the corporation or organization, does not regularly take part in the day-to-day operational decisions of the corporation or organization, receives no remuneration for his or her services on the corporation's or organization's board of directors, and has no financial interest and has no family members with a financial interest in the corporation or organization, provided that the director and the not-for-profit corporation or organization include in the application a statement affirming that the director's relationship to the corporation satisfies the requirements of this provision.

(f)  A license may not be granted to any potential licensee if any applicant, administrator, or financial officer has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in chapter 435, unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.

(g)  The agency may deny or revoke licensure to any potential licensee if any applicant:

1.  Has falsely represented a material fact in the application required by paragraphs (d) and (e), or has omitted any material fact from the application required by paragraphs (d) and (e); or

2.  Has had prior Medicaid or Medicare action taken against the applicant as set forth in paragraph (d).

(h)  Upon licensure renewal, each applicant must submit to the agency, under penalty of perjury, an affidavit of compliance with the background screening provisions of this section.

(6)  The home medical equipment provider must also obtain and maintain professional and commercial liability insurance. Proof of liability insurance, as defined in s. 624.605, must be submitted with the application. The agency shall set the required amounts of liability insurance by rule, but the required amount must not be less than $250,000 per claim. In the case of contracted services, it is required that the contractor have liability insurance not less than $250,000 per claim.

(7)  A provisional license shall be issued to an approved applicant for initial licensure for a period of 90 days, during which time a survey must be conducted demonstrating substantial compliance with this section. A provisional license shall also be issued pending the results of an applicant's Federal Bureau of Investigation report of background screening confirming that all standards have been met. If substantial compliance is demonstrated, a standard license shall be issued to expire 2 years after the effective date of the provisional license.

(8)  Ninety days before the expiration date, an application for license renewal must be submitted to the agency under oath on forms furnished by the agency, and a license shall be renewed if the applicant has met the requirements established under this part and applicable rules. The home medical equipment provider must file with the application satisfactory proof that it is in compliance with this part and applicable rules. The home medical equipment provider must submit satisfactory proof of its financial ability to comply with the requirements of this part.

(9)  When a change of ownership of a home medical equipment provider occurs, the prospective owner must submit an initial application for a license at least 15 days before the effective date of the change of ownership. An application for change of ownership of a license is required when ownership, a majority of the ownership, or controlling interest of a licensed home medical equipment provider is transferred or assigned and when a licensee agrees to undertake or provide services to the extent that legal liability for operation of the home medical equipment provider rests with the licensee. A provisional license shall be issued to the new owner for a period of 90 days, during which time all required documentation must be submitted and a survey must be conducted demonstrating substantial compliance with this section. If substantial compliance is demonstrated, a standard license shall be issued to expire 2 years after the issuance of the provisional license.

(10)  When a change of the general manager of a home medical equipment provider occurs, the licensee must notify the agency of the change within 45 days thereof and must provide evidence of compliance with the background screening requirements in subsection (5); except that a general manager who has met the standards for the abuse registry background check and the Department of Law Enforcement background check, but for whom background screening results from the Federal Bureau of Investigation have not yet been received, may be employed pending receipt of the Federal Bureau of Investigation background screening report. An individual may not continue to serve as general manager if the Federal Bureau of Investigation background screening report indicates any violation of background screening standards.

(11)  All licensure fees required of a home medical equipment provider are nonrefundable. The agency shall set the fees in an amount that is sufficient to cover its costs in carrying out its responsibilities under this part. However, state, county, or municipal governments applying for licenses under this part are exempt from the payment of license fees. All fees collected under this part must be deposited in the Health Care Trust Fund for the administration of this part.

(12)  An applicant for initial licensure, renewal, or change of ownership shall pay a license processing fee not to exceed $300, to be paid by all applicants, and an inspection fee not to exceed $400, to be paid by all applicants except those not subject to licensure inspection by the agency as described in s. 400.933(2).

(13)  When a change is reported which requires issuance of a license, a fee must be assessed. The fee must be based on the actual cost of processing and issuing the license.

(14)  When a duplicate license is issued, a fee must be assessed, not to exceed the actual cost of duplicating and mailing.

(15)  When applications are mailed out upon request, a fee must be assessed, not to exceed the cost of the printing, preparation, and mailing.

(16)  The license must be displayed in a conspicuous place in the administrative office of the home medical equipment provider and is valid only while in the possession of the person or entity to which it is issued. The license may not be sold, assigned, or otherwise transferred, voluntarily or involuntarily, and is valid only for the home medical equipment provider and location for which originally issued.

(17)  A home medical equipment provider against whom a proceeding for revocation or suspension, or for denial of a renewal application, is pending at the time of license renewal may be issued a provisional license effective until final disposition by the agency of such proceedings. If judicial relief is sought from the final disposition, the court that has jurisdiction may issue a temporary permit for the duration of the judicial proceeding.

History.--s. 1, ch. 99-189.