Of late there seems to be a growing trend by the insurance companies to request evidence of medical provider’s Florida State License to sell or rent Home Medical Equipment (hereinafter “HME”).
Under Florida law, HME’s are defined as any products that can be reimbursed under either the FDA Drugs, Devices and Cosmetics Act, the Medicare Part B Durable Medical Equipment benefits, or the Florida Medicaid durable medical equipment program.
This means that if you are selling or renting items such as TENS units, posture devices, gel packs, wheelchairs of any type and/or their seating components, ambulation aids like crutches/canes, motorized scooters, personal transfer systems, respiratory equipment, specialty beds, etc., you must have a license.
Many medical providers are under the mistaken belief that they are not required to have a HME license.
We strongly encourage you to possess such a license before distributing any of the above referenced equipment.
While it is true that there are some exceptions to the licensure requirements under Florida’s HME Laws (Florida Statutes 400.92-400.957,) in most instances if a medical provider intends to sell or rent medical equipment they are strongly encouraged to obtain a HME license.
The Governor’s Office has vetoed legislation which would exempt medical providers that sell or rent medical equipment from the HME license requirements.
The Governor’s Office has further expressed an intent to prosecute medical providers who sell or rent medical devices without a Florida HME Provider License.
We are also aware some insurance companies are affirmatively seeking reimbursement of previously paid equipment when there was no license.
Thus to paraphrase an old saying “an ounce of prevention may be worth a pound of cure” in this matter.
Should you have any questions regarding Florida’s HME law please do not hesitate to call us. For your convenience I have included some website links below which should be both helpful and informative.