3338854, 59A-25 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3338854

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

MINIMUM STANDARDS FOR HOME MEDICAL EQUIPMENT PROVIDERS

Overview

RULE:

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:

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 s. 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.

RULEMAKING AUTHORITY:

400.935, 408.819 FS

LAW:

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

PRINT PUBLISH DATE:

12/29/2006 Vol. 32/52

COMMENTS:

From 12/29/2006 To 1/19/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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