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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 400
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Section 400.932, Florida Statutes 2004

400.932  Administrative penalties; injunctions; emergency orders; moratoriums.--

(1)  The agency may deny, revoke, or suspend a license, or impose an administrative fine not to exceed $5,000 per violation, per day, or initiate injunctive proceedings under s. 400.956.

(2)  Any of the following actions by a home medical equipment provider or any of its employees is grounds for administrative action or penalties by the agency:

(a)  Violation of this part or of applicable rules.

(b)  An intentional, reckless, or negligent act that materially affects the health or safety of a patient.

(3)  The agency may deny or revoke the license of any applicant that:

(a)  Made a false representation or omission of any material fact in making the application, including the submission of an application that conceals the controlling or ownership interest or any officer, director, agent, managing employee, affiliated person, partner, or shareholder who may not be eligible to participate;

(b)  Has been previously found by any professional licensing, certifying, or standards board or agency to have violated the standards or conditions relating to licensure or certification or the quality of services provided. "Professional licensing, certifying, or standards board or agency" shall include, but is not limited to, practitioners, health care facilities, programs, or services, or residential care, treatment programs, or other human services; or

(c)  Has been or is currently excluded, suspended, or terminated from, or has involuntarily withdrawn from, participation in Florida's Medicaid program or any other state's Medicaid program, or participation in the Medicare program or any other governmental or private health care or health insurance program.

(4)  The agency may issue an emergency order immediately suspending or revoking a license when it determines that any condition within the responsibility of the home medical equipment provider presents a clear and present danger to public health and safety.

(5)  The agency may impose an immediate moratorium on any licensed home medical equipment provider when the agency determines that any condition within the responsibility of the home medical equipment provider presents a threat to public health or safety.

History.--s. 1, ch. 99-189.

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