59A-25.002. Licensure Requirements

(1) Home medical equipment locations requiring a license are any locations that sell, rent, or distribute, or offer to sell or rent to or for a consumer any home medical equipment that requires services. These locations can be identified as follows:

(a) Any location providing or distributing home medical equipment requiring services to consumers in Florida;

(b) Any location where an intake person takes calls from consumers in Florida and offers to sell or rent home medical equipment requiring services;

(c) Any location where a consumer in Florida may call in response to a provider advertising to sell or rent home medical equipment requiring services, e.g., television advertisements, toll-free telephone numbers, phone books, newspapers, flyers or any other forms of public advertisement;

(d) Any location out of state that offers to sell or rent home medical equipment requiring services to consumers in Florida;

(e) Any location in state or out of state, with sales representatives working in Florida, that offers to sell or rent home medical equipment requiring services to consumers in Florida, i.e., the sales representatives themselves do not need to be licensed; and,

(f) Any buildings, that are not located at the licensed central service center address, called shops, warehouses, distribution centers, or called by any other name, are required to have a license if that site location provides selection (via telephone, showroom or sales representative), delivery, set up, consumer instruction or maintenance of equipment to consumers in Florida.

1. A central service center must provide the names and locations of all of its designated distribution centers on the licensure application.

2. A distribution center must submit a separate licensure application and must specify the name of its central service center on the application.

3. Each licensed distribution center is required to meet all standards for licensure but may be determined to meet the standards through the activities of its designated central service center as referenced in paragraph 59A-25.005(1)(b), F.A.C.

(2) Home medical equipment locations that do not require a license: Diabetic monitors and disposable supplies, e.g., diabetic, ostomy, urological and wound care supplies have been identified as equipment and supplies that do not require services as defined in Section 400.925(9), F.S.; therefore, locations that supply these items only will not require a HME license.

(3) Licensing application and fees:

An application for initial, change of ownership and renewal licensure must be made on the Health Care Licensing Application, Home Medical Equipment Provider, AHCA Form 3110-1005, October 2014, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05267, and the Health Care Licensing Application Addendum prescribed in subsection 59A-35.060(1), F.A.C. These forms are available online at http://ahca.myflorida.com/HQAlicensureforms. An application for initial, change of ownership and renewal licensure must be accompanied by a non-refundable $304.50 biennial licensing fee and, if required, a $400 inspection fee per location. Businesses with a central service center having distribution centers are required to submit an application and a $304.50 biennial licensing fee for each location, but shall submit only one $400 inspection fee with the application of the central service center.

(4) Initial and change of ownership applicants must submit proof of financial ability to operate pursuant to Sections 408.8065(1) and 408.810(8), F.S., and Rule 59A-35.062, F.A.C. for each location to be licensed

(5) Each licensed HME provider location must obtain and maintain professional and commercial liability insurance as referenced in Sections 400.931(3) and 408.810(7), F.S. A corporation can provide a blanket policy, which indicates that each of its licensed locations is insured under one policy, verifying not less than $250,000 per claim for each location.

(6) Initial applicants and providers requesting to change the address of record must provide proof of compliance with local zoning requirements. Physical location cannot be a post office box. The licensee must have all county licenses and permits that are applicable.

(7) If a change of name and/or address of record is to occur, the provider must submit Home Medical Equipment Provider, Request to Amend License for Change of Name and/or Address, AHCA Form 3110-1020, October 2014, https://www.flrules.org/Gateway/reference.asp?No=Ref-05268, incorporated by reference, and available online at http://ahca.myflorida.com/HQAlicensureforms, according to the timeframes as required in subsection 59A-35.040(2), F.A.C., and accompanied by a fee as required in subsection 59A-35.050(4), F.A.C.

Rulemaking Authority 400.935, 408.805, 408.810(8), 408.819 FS. Law Implemented 400.925, 400.93, 400.931, 400.933, 400.935, 400.953, 408.803, 408.806, 408.8065, 408.807, 408.809, 408.810, 408.815 FS. History–New 6-4-00, Amended 10-6-02, 4-13-03, 3-13-07, 5-4-15.