Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2570
                        Barcode 872422
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Health Care (Jones) recommended the following
12  amendment:
13  
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
                                  1
    7:07 PM   04/10/05                             s2570d-he13-ta1
    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