59A-25.005. Compliance

(1) The survey or inspection:

(a) Except as described in paragraphs (b) and (c), each separately licensed home medical equipment provider location must be in compliance with and shall be surveyed in accordance with Chapters 400 Part VII, and 408, Part II, F.S., Chapter 59A-35, F.A.C. and these rules.

(b) If a provider is operating with a central service center that has one or more distribution centers, the central service center shall be the premises where the survey will be initiated. A surveyor will inspect at least one of the distribution centers associated with the central service center. The distribution center will be held accountable for equipment and services provided but will not be responsible for maintaining patient or personnel records.

(c) All providers must have available, at the time of survey, at least one category of equipment that is provided directly, filling orders from its own inventory as referenced in Section 400.934(2), F.S. Failure to have, at the time of survey, at least one category of equipment that is provided directly will result in the provider’s application being denied or the provider’s license being revoked. A licensed central service center may be determined to meet this standard through the inventory available at its designated distribution center.

(2) AHCA will conduct investigations of complaints regarding violations of licensure requirements. Complaint investigations will be unannounced. Distribution centers will be allowed forty-eight hours to obtain patient or personnel records from its central service center and to submit the records to the area office when related to a complaint investigation.

(3) Adverse action: Denial, Suspension, Revocation, and Administrative Fines.

(a) AHCA shall deny, suspend or revoke an application for license, or impose a fine for the reasons in Section 400.932, Part II of Chapter 408, F.S., Chapter 59A-35, F.A.C., and for the following reasons:

(a) If the provider fails to submit an application for a change of ownership within the time frames specified in Sections 408.806 and 408.807, F.S., a $50 fine per day, not to exceed 50% percent of the licensure fee, shall be levied. If the application is received after the required filing date and, exhibits a hand-canceled postmark from a United States Post Office dated on or before the required filing date, no fine will be levied;

(b) If the provider is cited for a Class I violation as defined in Section 408.813(2)(a), F.S., the agency shall impose an administrative fine in the amount of $5,000 for each occurrence and each day that the deficiency exists. In addition, the agency shall immediately revoke the license, deny the renewal of a license or impose a moratorium on accepting new consumers until the factors causing the deficiency have been corrected;

(c) If the provider is cited for a Class II violation as defined in Section 408.813(2)(b), F.S., the agency shall impose an administrative fine in the amount of $1,000 for each occurrence and each day that the deficiency exists. In addition the agency shall revoke the license, deny the renewal of a license or impose a moratorium of new consumers until the deficiency has been corrected;

(d) If the provider is cited for a Class III violation as defined in Section 408.813(2)(c), F.S., the agency shall impose an administrative fine not to exceed $500 for each occurrence and each day that the uncorrected or repeated deficiency exists;

(e) If the provider is cited for a Class IV violation as defined in Section 408.813(2)(d), F.S., the agency shall impose an administrative fine not to exceed $200 for each occurrence and each day that the uncorrected or repeated deficiency exists;

(f) If the provider is not available for inspection during the office hours indicated on its licensure application, AHCA shall deny an initial, renewal or change of ownership application or impose a $500 fine upon a licensed provider;

(g) If the central service center’s license is revoked, the revocation includes the licenses of all distribution centers;

(h) Failure of a provider to provide records to AHCA during an inspection shall result in a $500 fine; and,

(i) Failure of a distribution center to provide records to AHCA within forty-eight hours shall result in a $500 fine.

Rulemaking Authority 400.935, 408.819 FS. Law Implemented 400.932, 400.933, 400.934, 400.935, 408.806, 408.807, 408.811, 408.812, 408.813, 408.815 FS. History–New 6-4-00, Amended 10-6-02, 3-13-07, 5-4-15.