that on April 30, 2014, the Agency for Health Care Administration (“AHCA”) issued a Final Order Granting Petition for Variance from or Waiver of Rule 59G-4.070, Florida Administrative Code. The Final Order was entered in response to the Am-Med ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-4.070:Durable Medical Equipment and Medical Supplies

The Agency for Health Care Administration hereby gives notice that on April 30, 2014, the Agency for Health Care Administration (“AHCA”) issued a Final Order Granting Petition for Variance from or Waiver of Rule 59G-4.070, Florida Administrative Code. The Final Order was entered in response to the Am-Med Diabetic Supplies, Inc. d/b/a Beyond Medical USA’s document entitled, “Petition for Waiver or Variance” (the “Petition”), filed with the Agency Clerk on January 31, 2014. The Petition was published in the Florida Administrative Register on February 21, 2014. Am-Med Diabetic Supplies, Inc. d/b/a Beyond Medical USA (“Petitioner”) seeks a variance or waiver from Rule 59G-4.070, Florida Administrative Code.

Rule 59G-4.070, Florida Administrative Code, entitled Florida Medicaid Durable Medical Equipment and Medical Supply Services Coverage and Limitations Handbook, applies to all durable medical equipment and supply providers enrolled in the Medicaid program. Pursuant to Rule 59G-4.070, Florida Administrative Code, “[a]ll durable medical equipment and medical supply providers enrolled in the Medicaid program must be in compliance with the Florida Medicaid Durable Medical Equipment and Medical Supply Services Coverage and Limitations Handbook, July 2010, incorporated by reference, and the Florida Medicaid Provider Reimbursement Handbook, CMS-1500, which is incorporated by reference in Rule 59G-4.001, F.A.C.” Petitioner seeks a variance or waiver from that portion of the Florida Medicaid Durable Medical Equipment and Medical Supply Services Coverage and Limitations Handbook, July 2010, which precludes Medicaid DME and medical supply providers from having the same street address as another Medicaid DME and medical supply provider.

On April 30, 2014, AHCA issued the Final Order Granting Petition for Variance from or Waiver of Rule 59G-4.070, Florida Administrative Code. The Petition provided sufficient facts that constitute competent, substantial evidence, pursuant to Section 120.542(8), Florida Statues, to support a variance or waiver from that portion of the Florida Medicaid Durable Medical Equipment and Medical Supply Services Coverage and Limitations Handbook, July 2010, which precludes Medicaid DME and medical supply providers from having the same street address as another Medicaid DME and medical supply provider.

A copy of the Order or additional information may be obtained by contacting Richard Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mail Station 3, Tallahassee, Florida 32308.