The purpose of the rule revisions is to conform the rules to changes made to Chapter 400, Part VII and to the addition of Chapter 408, Part II, Florida Statutes, by the 2006 Florida Legislature in Chapter 2006-71 and Chapter 2006-192, Laws of ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO: RULE TITLE
59A-25: MINIMUM STANDARDS FOR HOME MEDICAL EQUIPMENT PROVIDERS
59A-25.001: Definitions
59A-25.002: Licensure Requirements
59A-25.003: Scope of Services
59A-25.004: Minimum Qualifications for Personnel
59A-25.005: Compliance
59A-25.006: Emergency Management Planning
PURPOSE AND EFFECT: The purpose of the rule revisions is to conform the rules to changes made to Chapter 400, Part VII and to the addition of Chapter 408, Part II, Florida Statutes, by the 2006 Florida Legislature in Chapter 2006-71 and Chapter 2006-192, Laws of Florida, respectively; to add the criteria for comprehensive emergency management plans as required in law; to update the application for licensure; to add new financial schedules as an alternative to surety bonds pursuant to Section 400.931(5), F.S.; and to add a notification of change of address form. The effect will be updated rules that conform to state law; a new uniform emergency management plan format that includes the provision of continuing services for life-supporting or life-sustaining equipment during an emergency and the provision of the same type and quantity of services to consumers who evacuate to special needs shelters; a revised licensure application that incorporates new required controlling interest information and clarified instructions; new financial schedules developed in order to provide an alternative to a surety bond as a means of proving financial ability to operate; a new notification of change of address form, which includes clear instructions as to what is required for licensure purposes; and a reduction in the maximum fine for late submission of renewal and change of ownership applications from $500 to $150.

SUMMARY: The rules are being updated due to changes made to Chapter 400, Part VII and to the addition of Chapter 408, Part II, Florida Statutes, by the 2006 Florida Legislature in Chapter 2006-71 and Chapter 2006-192, Laws of Florida, respectively. These changes are: adding an emergency management plan criteria form for home medical equipment providers that provides for the continuation of services during an emergency; an updated licensure application form that incorporates new required controlling interest information and clarifying instructions for completion; new financial schedules that can be used as an alternative to a surety bond upon initial and change of ownership application or when there is evidence of financial instability; a notification form for change of address, which includes clear instructions as to what is required for licensure purposes; and a reduced fine for late application submissions. In addition, the following requirements were deleted in rule as they are now stated in law: the definition of “life-supporting or life-sustaining device”; level 2 background screening of the general manager and financial officer; renewal application time frames and reminders; change of ownership application time frames; varying licensure survey cycles; fines for unlicensed activity; and provision of the AHCA complaint call center number to consumers. Corrections have been made to the licensing unit’s contact information. The term “consumer” is substituted for “patient” throughout the rule to more closely mirror statute and use consistent/similar terminology.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 400.935, 408.819 FS.
LAW IMPLEMENTED: 400.925, 400.934, 400.935, 408.803, 408.806, 408.807, 408.809, 408.810, 408.811, 408.812, 408.813, 408.815, 408.831 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Noël Cronin Lawrence, Agency for Health Care Administration, Licensed Home Health Programs Unit, 2727 Mahan Drive, Mail Stop 34, Tallahassee, FL 32308-5407, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-25.001 Definitions.

In addition to definitions contained in Chapter 400, Part VII and Chapter 408, Part II, F.S., the following terms shall apply:

(1) No change.

(2) “Central Service Center” means the licensed premises that are is in charge of taking consumer orders, dispatching the orders to their distribution centers that provide home medical equipment services, and maintaining consumer patient and personnel records.  The central service center is responsible for the operation of its designated distribution centers.

(3) Class I deficiency is any act, omission, or practice that results in a consumer’s patient’s death, disability, or permanent injury, or places a consumer patient at imminent risk of death, disability, or permanent injury.  Upon finding a class I deficiency, 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 patients until the factors causing the deficiency have been corrected.

(4) Class II deficiency is any act, omission, or practice that has a direct adverse effect on the health, safety, or security of a consumer patient.  Upon finding a class II deficiency, 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 on accepting new consumers patients, until the deficiency has been corrected.

(5) Class III deficiency is any act, omission, or practice that has an indirect, adverse effect on the health, safety, or security of a consumer patient.  Upon finding an uncorrected or repeated class III deficiency, the agency shall impose an administrative fine not to exceed $500 for each occurrence and each day that the uncorrected or repeated deficiency exists.

(6) Class IV deficiency is any act, omission, or practice related to required reports, forms, or documents which does not have the potential of negatively affecting consumers patients.  These violations are of a type that the agency determines do not threaten the health, safety, or security of patients.  Upon finding an uncorrected or repeated class IV deficiency, the agency shall impose an administrative fine not to exceed $200 for each occurrence and each day that the uncorrected or repeated deficiency exists.

(7) through (8) No change.

(9) Life-supporting or life-sustaining device, as defined in 21 Code of Federal Regulations part 860.3, means a device that is essential to, or that yields information that is essential to, the restoration or continuation of a bodily function important to the continuation of human life.

Specific Authority 400.935 FS. Law Implemented Part VII X of Chapter 400, 400.92-.957 FS. History–New 6-4-00, Amended 10-6-02, ________.

 

59A-25.002 Licensure Requirements.

(1) through (2) No change.

(3) Licensing fees:

(a) through (b) No change.

(c) The fee for an application package with rules, law, forms and an instruction package is based on AHCA’s actual cost of postage plus the copying fee per page as authorized in Section 119.07, F.S.  The costs are rounded up to the next whole dollar.  The documents and forms in the application package can be printed with no fee from the AHCA web site at http://ahca.myflorida.com under ‘Licensing and Certification’, ‘Home Medical Equipment Providers’: www.fdhc.state.fl.us.

(4) Initial licensure application:  An application for initial licensure must shall be made on forms prescribed by AHCA.  The application package contains the following forms that are incorporated by reference as part of this rule:

(a) Home Medical Equipment Provider Application for Licensure, form number AHCA Form 3110-1005, Revised Dec. 06 April, 2002;

(b) Affidavit of Good Moral Character, form number 3110-0001, Revised February, 1994, (Attachment A);

(b) (c) Affidavit Affirmation of Compliance with Screening Requirements, AHCA Fform number 3110-1006, Revised Dec. 06 March, 2000, (Attachment B);

(d) Request for Level 1 Criminal History Check, form number, AHCA 3110-0002, Revised June, 1998;

(e) Federal Bureau of Investigation, United States Department of Investigation fingerprint card, form number, FD-258, Revised December 29, 1982;

(c) (f) Home Medical Equipment Provider Surety Bond, form number AHCA Form 3110-1018 1008, Revised August 2006 May, 2001;

These forms may be obtained through the AHCA Licensed Home Health Programs Care Unit, 2727 Mahan Drive, Mail Stop 34 Building 1, Tallahassee, Florida 32308-5407.  In addition to the application, the following information must be submitted.

(d) (g) Initial applicants must demonstrate financial ability to operate as referenced in Section 400.931(3) and 408.810(8), F.S., by submitting proof of a current $50,000 surety bond for each location to be licensed or submission of AHCA Form 3110-1021, Dec. 06, with evidence of sufficient assets to cover projected expenses.  If a bond is submitted, Ssubmission of a copy of a current Medicaid bond will satisfy as proof of financial ability to operate.  Corporations that own multiple licensed HME locations will not be required to resubmit proof of financial ability to operate when applying for a license for an additional provider location.

(e) (h) Background screening:

1. The general manager as defined in Section 400.925(7), F.S., and the financial officer must shall submit level 2 screening directly to AHCA as referenced in Section 408.809 400.931(5)(a), F.S. Level 2 screening consists of the Florida Department of Law Enforcement/ FBI fingerprint screening.

2. The general manager must shall coordinate the submission of level 1 screening for all personnel who enter a consumer’s home, including contractors, hired on or after 7/1/99.  Level 1 screening is submitted directly to the Florida Department of Law Enforcement. Level 1 screening consists of the submission of the criminal history check either to the AHCA Background Screening Unit, 2727 Mahan Drive, Mail Stop 40, Tallahassee, FL 32308-5407 or to the Florida Department of Law Enforcement.  The cost of processing screening must be paid by the provider or by the employee that is screened.  New employees may work on probationary status, once they have submitted their screening documents as permitted in Chapter 435, F.S.  The general manager must shall submit a signed affidavit with each initial and renewal application affirming that direct and contract personnel who enter the home in the capacity of their employment, have been screened for good moral character.

(f) (i) Each licensed HME provider location must obtain and maintain professional and commercial liability insurance of not less than $250,000 per claim as referenced in Section 400.931(6), F.S.  In case of contracted services, the contractor must shall maintain liability insurance of not less than $250,000 per claim.  A corporation can provide a blanket policy, which indicates that each of its licensed locations is are insured under one policy, verifying not less than $250,000 per claim for each location.

(g) (j) Applicants must meet the local zoning requirements.  Physical location cannot be a post office box.  The licensee must have all county licenses and permits that are applicable.

(5) Renewal application:

(a) An application for renewal of licensure, with its forms and attachments, is required per 400.931, F.S., 408.806, F.S., and these rules.  AHCA Fform number 3110-1005, Dec. 06 April, 2002, incorporated by reference must be submitted and can be obtained as stated in subsection (4) above.  The application, with its forms and attachments, can be downloaded from the Internet at the following AHCA web site address: http://www.fdhc.state.fl.us.  Once inside the website, choose the words “Site Index”, then “Home Care Unit”, “Home Medical Equipment Provider” and finally choose “Application for License”.  If a renewal applicant does not have access to the Internet, the application with its forms and attachments will be provided by AHCA as referenced in paragraph 59A-25.002(3)(c), F.A.C.  It is the responsibility of the HME provider to submit an application, within the specified time frames, whether or not they receive separate notification from AHCA of the impending expiration of the license.

(b) If AHCA has reason to believe a provider is financially unstable, the applicant must demonstrate financial ability to operate by submitting proof of a current $50,000 surety bond as referenced in Section 400.931(3), F.S., or by submitting AHCA Form 3110-1021, Dec. 06, with evidence of sufficient assets to cover projected expenses before the license is renewed.  In addition, the applicant must document its correction of the financial instability, to include evidence of the payment in full of any bad checks, delinquent bills or liens, and all associated fees, costs and charges related to the instability.  If payment in full cannot be or is not made, evidence must be submitted of partial payment along with a plan for payment in full with satisfaction of any liens or delinquent bills.  If the lien is with a government agency or repayment is ordered by a federal, state, or district court, an accepted plan of repayment must be provided.  Failure to pay any outstanding fines, unless the fine is being appealed, is an indicator of financial instability and AHCA will ask the provider to demonstrate financial ability to operate by submission of proof of a bond unless the provider pays the fine.

(6) If an HME provider has shown signs of financial instability at any time, pursuant to 408.810(8) and (9), F.S., the HME provider must submit proof of financial ability to operate, including financial schedules that show anticipated provider revenue and expenses and the basis for financing the anticipated cash flow requirements of the licensee on  AHCA Form 3110-1021, Dec. 06, and documentation of correction of the financial instability, to include evidence of payment made and proof of receipt of payment by the respective creditor, vendor  or lienor of any bad checks, delinquent bills or liens, and all associated fees, costs and charges relating to the instability.  Verifiable copies of satisfactions of liens, copies of cancelled checks, certified mail (courier) return receipts with copies of checks, receipts for payments, paid invoices and authorized letters of estoppel will suffice as proof of payment, if in the full and correct amounts.  If payment in full cannot be or is not made, evidence must be submitted of partial payment along with a plan for payment in full of any liens or delinquent bills.  If the lien is with a government agency or repayment is ordered by a federal, state, or district court, an accepted plan of repayment must be provided.

(7) (6) If a cChange of ownership is to occur, : aAn application for a change of ownership, AHCA Fform number 3110-1005, Dec. 06 April, 2002, incorporated by reference, must be submitted per the requirements in Section 408.807 400.931(9), F.S. ,and these rules.  To verify that the buyer of an HME business submits a change of ownership application at least 15 days before the effective date of the change of ownership, the buyer must send in documentation showing the date the ownership transferred from seller to buyer as required in Section 400.931(9), F.S.

(8) (7) If a cChange of address is to occur, : tThe provider must submit AHCA Form 3110-1020, Dec. 06, incorporated by reference, a letter notifying AHCA of the impending move, the date the change of address is to occur and the letter must be accompanied by the required fee.  The notification of relocation must be given not less than 24 hours prior to before the actual move.  The applicant must comply with local zoning requirements and obtain all applicable local county licenses and permits for the new location.

Specific Authority 400.935 FS. Law Implemented Part VII X of Chapter 400, 400.92-.957,408.803, 408.806, 408.807, 408.809, 408.810, 408.815 FS. History–New 6-4-00, Amended 10-6-02, 4-13-03, ________.

 

59A-25.003 Scope of Services.

(1) No change.

(2) Home medical equipment includes oxygen and related respiratory equipment, customized wheelchairs and related seating and positioning as referenced in Section 400.925(8), F.S.  In addition to the home medical equipment referenced in Section 400.925(8), F.S., other examples of equipment requiring services includes the following:

(a) All Apnea monitors, enteral feeding pumps, infusion pumps, portable home dialysis equipment, and ventilator equipment and supplies for all related equipment. All of the equipment referenced here in paragraph (a), including oxygen equipment and related respiratory equipment defined as referenced in Section 400.925(13) (8), F.S., is considered as life-supporting or life-sustaining equipment, which includes suctioning equipment.

(b) Continuous positive airway pressure machines, all electrostimulation equipment such as bone, muscle and transcutaneous electrical nerve stimulators, hospital beds, intermittent positive pressure breathing machines, motorized scooters, nebulizers, passive motion devices, patient lifts, phototherapy (billirubin) light with photometer, pressure ulcer care equipment, specialty prescribed cribs (child safety), suction machines, trapeze equipment, ventilator equipment (that is non-life supporting), wheelchairs, and walkers.  All of the equipment referenced here in paragraph (b), including the custom wheelchairs and seating as referenced in Section 400.925(8), F.S., is considered non-life supporting equipment.

(3) No change.

(4) Consumer Patient records:

(a) A record must be maintained for each consumer patient that documents the home medical equipment and any services received as required in Section 400.94(1), F.S.

(b) Consumer Patient information may not be disclosed from the consumer’s patient’s file without the written consent of the consumer patient, the consumer’s patient’s guardian or the consumer’s patient’s power of attorney.  All information received by any employee, contractor or AHCA employee regarding a consumer patient of the HME is confidential.

(c) Consumer Patient records must shall be made available to AHCA representatives when an inspection or a complaint investigation is done.

(d) No change.

(5) Contracts:  Services provided by contract for consumers must shall be through a written agreement between the provider and the business providing any equipment and services for a consumer, herein referred to as the contractor.  Contracts must be retained for a minimum of 5 years.  The contract must include the following at a minimum:

(a) through (c) No change;

(d) Responsibility of the HME provider to retain and maintain all records of consumers patients served by a contractor;

(e) through (i) No change.

Specific Authority 400.935 FS. Law Implemented Part VII X of Chapter 400, 400.92-.957 FS. History–New 6-4-00, Amended 10-6-02, ________.

 

59A-25.004 Minimum Qualifications for Personnel.

The provider must shall be in compliance with and make available to AHCA surveyors the information referenced in this section.

(1) General Manager, as defined in Section 400.925(7), F.S.:

(a) No change.

(b) Duties: The general manager is responsible for the following areas either directly or by clear delegation in writing:

1. Assuring the maintenance of consumer patient records including equipment repair and maintenance records as referenced in Section 400.94, F.S.;

2. through 5. No change.

6. Assuring that staff can accommodate consumer’s patient’s language;

7. Assuring an adequate inventory of equipment and supplies to provide consumers patients currently being served;

8. through 14. No change.

(2) through (3) No change.

(4)(a) through (b) No change.

(c) (d) No change.

(2) through (4) No change.

Specific Authority 400.935 FS. Law Implemented Part VII X of Chapter 400, 400.92-.957 FS. History–New 6-4-00, Amended 10-6-02, ________.

 

59A-25.005 Compliance.

(1) The survey or inspection:

(a) All providers must be in compliance with Part VII X of Chapter 400, F.S., Part II of Chapter 408, F.S., and these rules.  A provider shall be surveyed on an unannounced basis as required in 408.811, F.S every two years, unless a survey is necessary due to a complaint.  A renewal survey is to be completed within eighteen to thirty months from the date of the last licensure survey.  The renewal survey shall be completed no earlier than eight months before expiration of the provider’s license and no later than the license expiration date and the average gap between surveys shall not exceed twenty-four months.  Area offices may do follow-up surveys to check on correction of deficiencies at any time on an unannounced basis.

(b) through (j) No change.

(2) No change.

(3) Adverse action:  Denial, Suspension, Revocation, and Administrative Fines.  Fine amounts are not to exceed $5,000 per violation, per day as stated in Section 400.932(1), F.S.

(a) AHCA shall deny, suspend or revoke an application for license, or impose a fine for the reasons in Section 400.932, F.S., and for the following reasons:

1. If the provider fails to submit an application for a change of ownership within the time frames specified in Sections 408.806 and 408.807 400.931(8) and (9), F.S., a $50 $500 fine per day, not to exceed $150 shall be levied.  If the application is received after the required filing date and , but exhibits a hand-canceled postmark from a United States the U.S. Post Office, or delivery documentation by a carrier service, dated on or before the required filing date, no fine will be levied;

2. If the provider fails to submit an application for renewal of a license within ninety days before the expiration date of the existing license, as specified in Section 400.931(8), F.S., a $50 fine per day, not to exceed $500, will be levied.  If the application is received after the required filing date, but exhibits a hand-canceled postmark from the U.S. Post Office, or delivery documentation by a carrier service, dated on or before the required filing date, no fine will be levied.

2. 3. If the provider fails to notify AHCA of a change of address within the timeframes specified in subsection 59A-25.002(8) (7), F.A.C., of this rule, a minimum of a $500 fine shall be levied;

3. 4. No change.

4. 5. If the provider is cited for a class I deficiency that is any act, omission or practice that results in a consumer’s patient’s death, disability, or permanent injury, or places a consumer patient at imminent risk of death, disability, or permanent injury, 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 patients until the factors causing the deficiency have been corrected;

5. 6. If the provider is cited for a class II deficiency that is any act, omission or practice that has a direct adverse effect on the health, safety or security of a consumer patient, 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 patients until the deficiency has been corrected;

6. 7. If the provider is cited for a class III deficiency that is any act, omission or practice that has an indirect, adverse effect on health, safety, or security of a consumer patient, the agency shall impose an administrative fine not to exceed $500 for each occurrence and each day that the uncorrected or repeated deficiency exists;

7. 8. If the provider is cited for a class IV deficiency that is uncorrected or repeated acts or omissions or practices related to required reports, forms or documents which do not have the potential of negatively affecting consumers patients, the agency shall impose an administrative fine not to exceed $200 for each occurrence and each day that the uncorrected or repeated deficiency exists;

8. 9. No change.

10. A fine of $2,500 shall be levied against providers determined to be operating without a license.

11. through 14. are renumbered 9. through 12. No change.

(b) No change.

(4) Other requirements:

(4)(a) Providers must should report unlicensed home medical equipment providers to the AHCA Consumer Complaint, Publication and Information Call Center’s toll free number of 1(888) 419-3456 or the local number of [phone].

(b) Consumers should contact their HME provider with any complaint issues regarding equipment and services.  If the provider and consumer are unable to resolve the complaint issues together, the provider must inform the consumer of the AHCA Information Center’s numbers listed above to report unresolved issues.

Specific Authority 400.935 FS. Law Implemented Part VII X of Chapter 400, 400.92-.957, 408.806, 408.807, 408.811 FS. History–New 6-4-00, Amended 10-6-02, ________.

 

59A-25.006 Emergency Management Planning.

(1) Pursuant to Section 400.934(20)(a), F.S., each home medical equipment provider must prepare and maintain a written comprehensive emergency management plan, that meets the minimum criteria in these rules and the Comprehensive Emergency Management Plan (CEMP) Format for Home Medical Equipment (HME)Providers, AHCA Form 3110-1019, Dec. 06, incorporated by reference.  This document is available from the Agency for Health Care Administration at http://ahca.myflorida.com under Licensing & Certification, Home Medical Equipment Provider.  The CEMP Format contains the minimum criteria that must be included in each home medical equipment provider emergency management plan, as required in Section 400.934(20), F.S.  The plan must describe how the home medical equipment provider establishes and maintains an effective response to emergencies and disasters.  The completed plan will be e-mailed or mailed to the local county health department for each county listed on the home medical equipment provider’s license as required in Section 400.934(20)(b), F.S., unless the county health department does not require submission of home medical equipment provider emergency management plans per Section 381.0303(7), F.S.

(2) The home medical equipment provider must review its emergency management plan on an annual basis, make any substantive changes and inform their staff of those changes.  For the purposes of this section, ‘substantive changes’ would include, but not be limited to, change of address, change of administrative staff who are responsible for coordinating the home medical equipment provider‘s emergency response or their contact telephone numbers and change of type of equipment or equipment services provided.

(3) The substantive changes as defined in 59A-25.019(2), F.A.C., must be reported to the county emergency management office and to the county health department.  For home medical equipment providers with multiple counties on their license, the changes must be reported to each county health department and each county emergency management office designated on the license.  The telephone numbers must include numbers where the coordinating staff can be contacted outside of the home medical equipment provider’s regular office hours.  All home medical equipment providers must report these changes, whether their plan has been previously reviewed or not, as defined in subsection (1).

(4) When a home medical equipment provider goes through a change of ownership, the new owner must review the emergency management plan and make any substantive changes, including changes noted in subsection (3).  Those home medical equipment providers will need to report any substantive changes in their plans to the reviewing entity in subsection (1).

(5) In the event of an emergency, the home medical equipment provider must implement the emergency management plan pursuant to Section 400.934(20), F.S.

(6) Home medical equipment providers must assist consumers receiving HME services who would need assistance and sheltering during evacuations because of physical, mental, cognitive impairment, or sensory disabilities in registering with the local emergency management agency, as required in s. 252.355(1), F.S., and as determined by the established procedures of the local emergency management agency related to special needs registration.

(a) Each home medical equipment provider must, pursuant to s. 400.934 and s. 252.355, F.S., inform consumers and consumer caregivers, by the best method possible as it pertains to the person’s disability, of the special needs registry and procedures for registration at the special needs registry maintained by their county emergency management office.

(b) If the consumer is to be registered with the special needs registry, the home medical equipment provider must assist the consumer with registering, pursuant to s. 400.934, F.S., s. 252.355, F.S., and the established procedures of the local emergency management agency.  The home medical equipment provider must document in the consumer’s file if the consumer plans to evacuate or remain at home and if the consumer’s caregiver or family can take responsibility during the emergency for equipment services normally provided by HME staff or independent contractors referred by the home medical equipment provider or if the home medical equipment provider needs to make referrals in order for equipment services to continue.  If the consumer is also receiving services through any other licensed health care provider or federal or state funded program designated in Section 252.355, F.S., to help clients register with the special needs registry, then the home medical equipment provider will check with the other service provider or program case manager to verify if the consumer has already been registered.  If so, a note will be made in the consumer’s file by the home medical equipment provider that the consumer’s need for registration has already been reviewed and handled by the other provider or program.  Home medical equipment providers are not required to assist consumers residing in skilled nursing facilities, assisted living facilities or adult family care homes with special needs registration as those licensed facilities are responsible for evacuation and alternative sheltering of their clients.

(c) The collected registration information must be furnished to the county emergency management agency pursuant to s. 400.934, F.S., and as determined by the established procedures of the local emergency management agency related to special needs registration.

(7) The home medical equipment provider must provide the same type and quantity of equipment services to its consumers, which must include those being served in assisted living facilities and adult family care homes, who evacuate to special needs shelters which were being provided prior to evacuation, pursuant to Section 400.934(20)(a) F.S.  Home medical equipment providers are not required to continue to provide services to consumers in emergency situations that are beyond their control and that make it impossible to provide services, such as when roads are impassable or when consumers do not go to the location specified in their consumer records.

(8) If the home medical equipment provider is unable to provide equipment services to consumers who are special needs registry patients, including any assisted living facility and adult family care home special needs registry patients, then the provider will make reasonable efforts to find another resource for the consumer, pursuant to Section 400.934(20)(a), F.S.  This would include arranging for services for consumers who have been forced to relocate outside of the geographic service area of the home medical equipment provider.

(9) During emergency situations, when there is not a mandatory evacuation order issued by the local county emergency management office, some consumers, registered pursuant to Section 252.355, F.S., may decide not to evacuate and will stay in their homes.  The home medical equipment provider must establish procedures, prior to the time of an emergency, which will delineate to what extent the provider will continue to arrange for essential equipment services during and immediately following an emergency pursuant to Section 400.934(20)(a), F.S.

Specific Authority 400.925, 400.934, 400.935 FS. Law Implemented 400.925, 400.934, 400.935 FS. History–New ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Noël Cronin Lawrence
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jeffrey N. Gregg
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 18, 2006