400.92 Legislative intent.—It is the intent of the Legislature to provide for the licensure of home medical equipment providers and to provide for the development, establishment, and enforcement of basic standards that will ensure quality home medical equipment, products, and services. History.—s. 1, ch. 99-189.
400.925 Definitions.—As used in this part, the term: (1) “Accrediting organization” means an organization whose standards incorporate licensure regulations required by this state. (2) “Agency” means the Agency for Health Care Administration. (3) “Consumer” or “patient” means any person who uses home medical equipment in his or her place of residence. (4) “Department” means the Department of Children and Families. […]
400.93 Licensure required; exemptions; unlawful acts; penalties.— (1) Any person or entity that holds itself out to the public as providing home medical equipment and services or accepts physician orders for home medical equipment and services is subject to licensure under this part. (2) Any person or entity that holds itself out to the public as providing home […]
400.931 Application for license; fee.— (1) In addition to the requirements of part II of chapter 408, 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 […]
400.932 Administrative penalties.— (1) The agency may deny, revoke, and suspend a license and impose an administrative fine not to exceed $5,000 per violation. (2) Any of the following actions by an employee of a home medical equipment provider are grounds for administrative action or penalties by the agency: (a) Violation of this part, part II of chapter 408, […]
400.933 Licensure inspections and investigations.— (1) In addition to the requirements of s. 408.811, the agency shall make or cause to be made such inspections and investigations as it considers necessary, including: (a) Licensure inspections. (b) Inspections directed by the federal Centers for Medicare and Medicaid Services. (c) Licensure complaint investigations, including full licensure investigations with a review of all […]
400.934 Minimum standards.—As a requirement of licensure, home medical equipment providers shall: (1) Offer and provide home medical equipment and services, as necessary, to consumers who purchase or rent equipment that requires such services. (2) Provide at least one category of equipment directly, filling orders from its own inventory. (3) Respond to orders received for other equipment by filling […]
400.935 Rules establishing minimum standards.—The agency shall adopt, publish, and enforce rules to implement this part and part II of chapter 408, which must provide reasonable and fair minimum standards relating to: (1) The qualifications and minimum training requirements of all home medical equipment provider personnel. (2) Financial ability to operate. (3) The administration of the home medical equipment […]
400.94 Patient records.— (1) The home medical equipment provider must maintain, for each patient, a patient record that includes the home medical equipment and services the home medical equipment provider has provided. Such records must contain: (a) Any physician’s order or certificate of medical necessity, if the equipment was ordered by a physician. (b) Signed and dated delivery slips […]
400.945 Public records exemption.—Medical and personal identifying information about patients of a home medical equipment provider which is received by the licensing agency through reports or inspection is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. History.—s. 1, ch. 99-317; s. 1, ch. 2004-304.
400.953 Background screening of home medical equipment provider personnel.—The agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. History.—s. 1, ch. 99-189; s. 90, ch. 2000-349; s. 27, ch. 2004-267; s. 109, ch. 2006-120; s. 14, ch. 2010-114.
400.957 Prohibited acts.—Compliance with state and federal laws regarding prohibited patient referrals and rebates shall be a condition of licensure. History.—s. 1, ch. 99-189.
