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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 400
View Entire Chapter
Section 400.925, Florida Statutes 2004

400.925  Definitions.--As used in this part, the term:

(1)  "Accrediting organizations" means the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation agencies whose standards for accreditation are comparable to those required by this part for licensure.

(2)  "Affiliated person" means any person who directly or indirectly manages, controls, or oversees the operation of a corporation or other business entity that is a licensee, regardless of whether such person is a partner, shareholder, owner, officer, director, agent, or employee of the entity.

(3)  "Agency" means the Agency for Health Care Administration.

(4)  "Applicant" means an individual applicant in the case of a sole proprietorship, or any officer, director, agent, managing employee, general manager, or affiliated person, or any partner or shareholder having an ownership interest equal to 5 percent or greater in the corporation, partnership, or other business entity.

(5)  "Consumer" or "patient" means any person who uses home medical equipment in his or her place of residence.

(6)  "Department" means the Department of Children and Family Services.

(7)  "General manager" means the individual who has the general administrative charge of the premises of a licensed home medical equipment provider.

(8)  "Home medical equipment" includes any product as defined by the Federal Drug Administration's Drugs, Devices and Cosmetics 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. Home medical equipment includes oxygen and related respiratory equipment; manual, motorized, or customized wheelchairs and related seating and positioning, but does not include prosthetics or orthotics or any splints, braces, or aids custom fabricated by a licensed health care practitioner; motorized scooters; personal transfer systems; and specialty beds, for use by a person with a medical need.

(9)  "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.

(10)  "Home medical equipment provider personnel" means persons who are employed by or under contract with a home medical equipment provider.

(11)  "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.

(12)  "Licensee" means the person or entity to whom a license to operate as a home medical equipment provider is issued by the agency.

(13)  "Moratorium" means a mandated temporary cessation or suspension of the sale, rental, or offering of equipment after the imposition of the moratorium. Services related to equipment sold or rented prior to the moratorium must be continued without interruption, unless deemed otherwise by the agency.

(14)  "Person" means any individual, firm, partnership, corporation, or association.

(15)  "Premises" means those buildings and equipment which are located at the address of the licensed home medical equipment provider for the provision of home medical equipment services, which are in such reasonable proximity as to appear to the public to be a single provider location, and which comply with zoning ordinances.

(16)  "Residence" means the consumer's home or place of residence, which may include nursing homes, assisted living facilities, transitional living facilities, adult family-care homes, or other congregate residential facilities.

History.--s. 1, ch. 99-189; s. 1, ch. 2001-214; s. 11, ch. 2002-400.

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