| 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 $250,000per | 
| 75 | claim. In the case of contracted services, it is required that | 
| 76 | the contractor have liability insurance not less than $300,000 | 
| 77 | $250,000per 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. |