(1) Minimum standards: Each home medical equipment provider must:
    (a) Have a visible sign with the name of the business, business hours, and a phone number where the business can be contacted during business hours.
    (b) Maintain personnel records that must include the following: employment history for the past 5 years, proof of background screening including a signed copy of the good moral character form and a license of any professional that may work from that location. A distribution center will not be required to maintain personnel records but its central service center shall be responsible for maintaining personnel records.
    (c) Provide management and consumer instruction regarding the use of home medical equipment requiring services, as referenced in Florida Statutes § 400.925(11) Delivery services include transportation of equipment and supplies to and from consumer homes, equipment setup, and record keeping.
    (d) Coordinate services with another provider in the event the HME cannot ensure the provision of equipment and services as required in Florida Statutes § 400.935(7)
    (e) Be ultimately responsible for the management of all equipment and services even if a contractor is involved.
    (f) Honor all express warranties regarding assistive technology devices. The duration of the express warranty must be at least one year after first delivery of the assistive technology device to the consumer as required in Florida Statutes § 427.803
    (g) Honor all warranties as required in Florida Statutes § 400.934(9), and warranty used equipment at least 30 days.
    (h) Provide the consumer with user instructions as required in Florida Statutes § 400.934(13)
    (i) Be able to demonstrate the safety and infection control measures that follow:
    1. Procedures that identify safety precautions to be followed in the handling and use of each type of equipment and its related supplies;
    2. Equipment is routinely inspected for safety and stability prior to delivery;
    3. The electrical adequacy and safety of a home is assessed prior to placing any electrical or electronic equipment, and instructions are provided to consumers regarding applicable precautions and safety measures;
    4. Compliance with bedding and mattress reuse regulations;
    5. Specific cleaning or sanitizing requirements between usage for each type of equipment according to the manufacturers’ guidelines;
    6. Storage of unclean equipment separate from clean equipment;
    7. Transportation of unclean equipment separate from clean equipment;
    8. Storage of equipment to prevent dust accumulation, water damage, and vermin contact; and,
    9. Equipment is safely maintained and installed based upon the manufacturers’ instructions.
    (2) Home medical equipment includes oxygen and related respiratory equipment, customized wheelchairs and related seating and positioning as referenced in Florida Statutes § 400.925(8) In addition to the home medical equipment referenced in Florida Statutes § 400.925(8), other examples of equipment requiring services include the following:
    (a) All equipment defined in Florida Statutes § 400.925(13), 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), 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 Florida Statutes § 400.925(8), is considered non-life supporting equipment.
    (3) Minimum service standards required for equipment are as follows:
    (a) Services for all home medical equipment must be based upon the current recommended manufacturers’ standards.
    (b) The provider must prioritize consumer service needs based upon the urgency of the situation. Any equipment utilized to provide a therapy treatment, as prescribed by the consumer’s physician, shall require urgent attention. Also, any equipment in general that is completely non-functional shall be serviced with urgency. Any equipment that is functional, but needs minor repair may be serviced in a less urgent time frame. All service requests must be responded to in a timely manner that satisfies the consumer’s needs.
    (c) Service must be provided for life-supporting or life-sustaining equipment 24 hours, 7 days per week. Emergency service requests, as referenced in Florida Statutes § 400.934(8), must be responded to with a telephone call, within 30 minutes and back up service provided at the consumer’s home within two hours or less due to equipment failure or power outages. Providers must offer assistance regarding registration with emergency management services for consumers who use life-supporting or life-sustaining equipment.
    (d) Services may be provided for non-life supporting or life-sustaining equipment during regular business hours. Requests for consumer instruction or any needed repair shall be responded to by telephone within the same working day. The consumer may bring to the provider’s place of business any small equipment item requiring consumer instruction or repair.
    (e) Life-support or life-sustaining equipment and related supplies must be provided to the consumer in the home environment based on initial and periodic reassessments of the consumer’s equipment needs. Life supporting or life sustaining equipment shall be provided based upon physician orders including any physician order for medically necessary back-up equipment and supplies.
    (4) Consumer records:
    (a) A record must be maintained for each consumer that documents the home medical equipment and any services received as required in Florida Statutes § 400.94(1)
    (b) Consumer information may not be disclosed from the consumer’s file without the written consent of the consumer, the consumer’s guardian or the consumer’s power of attorney. All information received by any employee, contractor or AHCA employee regarding a consumer of the HME is confidential.
    (c) Consumer records must be made available to AHCA representatives when an inspection or a complaint investigation is done.
    (d) Retained records can be stored as hard paper copy, microfilm, computer discs or tapes as long as they are retrievable for use during unannounced inspections or complaint investigations.
    (5) Contracts: Services provided by contract for consumers must 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) A description of any of the equipment or services to be provided by the contractor;
    (b) Designation if the HME provider or the contractor is responsible for monitoring the equipment and services provided by the contractor;
    (c) Charges for any contracted equipment and services and designation of who will be billing the consumer, the HME provider or the contractor;
    (d) Responsibility of the HME provider to retain and maintain all records of consumers served by a contractor;
    (e) Evidence that the contractor has professional and commercial liability insurance coverage (the licensee is responsible for making sure that the contractor has liability insurance);
    (f) Period of the contract between the HME provider and the contractor;
    (g) Procedures for reporting service and maintenance notes and any clinical or progress notes by the contractor to the HME provider;
    (h) Date and signatures of all parties, and,
    (i) Contracts must be retained for a minimum of five years.
Rulemaking Authority 400.935 FS. Law Implemented Chapter 400, Part VII, 400.92-.957 FS. History-New 6-4-00, Amended 10-6-02, 3-13-07.