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Terms Used In Florida Statutes 400.935

  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.925
  • Department: means the Department of Children and Families. See Florida Statutes 400.925
  • Home medical equipment: includes any product as defined by the Food and Drug Administration's Federal Food, Drug, and Cosmetic Act, any products reimbursed under the Medicare Part B Durable Medical Equipment benefits, or any products reimbursed under the Florida Medicaid durable medical equipment program. See Florida Statutes 400.925
  • Home medical equipment provider: means any person or entity that sells or rents or offers to sell or rent to or for a consumer:
    (a) Any home medical equipment and services; or
    (b) Home medical equipment that requires any home medical equipment services. See Florida Statutes 400.925
  • Home medical equipment services: means equipment management and consumer instruction, including selection, delivery, setup, and maintenance of equipment, and other related services for the use of home medical equipment in the consumer's regular or temporary place of residence. See Florida Statutes 400.925
  • patient: means any person who uses home medical equipment in his or her place of residence. See Florida Statutes 400.925
The agency shall adopt, publish, and enforce rules to implement this part and part II of chapter 408, which must provide reasonable and fair minimum standards relating to:

(1) The qualifications and minimum training requirements of all home medical equipment provider personnel.
(2) Financial ability to operate.
(3) The administration of the home medical equipment provider.
(4) Procedures for maintaining patient records.
(5) Ensuring that the home medical equipment and services provided by a home medical equipment provider are in accordance with the plan of treatment established for each patient, when provided as a part of a plan of treatment.
(6) Contractual arrangements for the provision of home medical equipment and services by providers not employed by the home medical equipment provider providing for the consumer’s needs.
(7) Physical location and zoning requirements.
(8) Home medical equipment requiring home medical equipment services.
(9) Preparation of the comprehensive emergency management plan under s. 400.934 and the establishment of minimum criteria for the plan, including the maintenance of patient equipment and supply lists that can accompany patients who are transported from their homes. Such rules shall be formulated in consultation with the Department of Health and the Division of Emergency Management.