Section 59A-25.006 - Emergency Management Planning(1) Pursuant to Section 400.934(20)(a), F.S., each home medical equipment provider must prepare and maintain a written comprehensive emergency management plan, that meets the minimum criteria in these rules and the Comprehensive Emergency Management Plan (CEMP) Format for Home Medical Equipment (HME) Providers, AHCA Form 3110-1019, December 2006, incorporated by reference. This document is available from the Agency for Health Care Administration at http://ahca.myflorida.com under Licensing & Certification, Home Medical Equipment Provider. The CEMP Format contains the minimum criteria that must be included in each home medical equipment provider emergency management plan, as required in Section 400.934(20), F.S. The plan must describe how the home medical equipment provider establishes and maintains an effective response to emergencies and disasters. The completed plan will be e-mailed or mailed to the local county health department for each county listed on the home medical equipment provider's license as required in Section 400.934(20)(b), F.S., unless the county health department does not require submission of home medical equipment provider emergency management plans per Section 381.0303(7), F.S.(2) The home medical equipment provider must review its emergency management plan on an annual basis, make any substantive changes and inform their staff of those changes. For the purposes of this section, 'substantive changes' would include, but not be limited to, change of address, change of administrative staff who are responsible for coordinating the home medical equipment provider's emergency response or their contact telephone numbers and change of type of equipment or equipment services provided.(3) The substantive changes as defined in subsection 59A-25.006(2), F.A.C., must be reported to the county emergency management office and to the county health department. For home medical equipment providers with multiple counties on their license, the changes must be reported to each county health department and each county emergency management office designated on the license. The telephone numbers must include numbers where the coordinating staff can be contacted outside of the home medical equipment provider's regular office hours. All home medical equipment providers must report these changes, whether their plan has been previously reviewed or not, as defined in subsection (1).(4) When a home medical equipment provider goes through a change of ownership, the new owner must review the emergency management plan and make any substantive changes, including changes noted in subsection (3). Those home medical equipment providers will need to report any substantive changes in their plans to the reviewing entity in subsection (1).(5) In the event of an emergency, the home medical equipment provider must implement the emergency management plan pursuant to Section 400.934(20), F.S.(6) Home medical equipment providers must assist consumers receiving HME services who would need assistance and sheltering during evacuations because of physical, mental, cognitive impairment, or sensory disabilities in registering with the local emergency management agency, as required in Section 252.355(1), F.S., and as determined by the established procedures of the local emergency management agency related to special needs registration. (a) Each home medical equipment provider must, pursuant to Sections 400.934 and 252.355, F.S., inform consumers and consumer caregivers, by the best method possible as it pertains to the person's disability, of the special needs registry and procedures for registration at the special needs registry maintained by their county emergency management office.(b) If the consumer is to be registered with the special needs registry, the home medical equipment provider must assist the consumer with registering, pursuant to Sections 400.934 and 252.355, F.S., and the established procedures of the local emergency management agency. The home medical equipment provider must document in the consumer's file if the consumer plans to evacuate or remain at home and if the consumer's caregiver or family can take responsibility during the emergency for equipment services normally provided by HME staff or independent contractors referred by the home medical equipment provider or if the home medical equipment provider needs to make referrals in order for equipment services to continue. If the consumer is also receiving services through any other licensed health care provider or federal or state funded program designated in Section 252.355, F.S., to help clients register with the special needs registry, then the home medical equipment provider will check with the other service provider or program case manager to verify if the consumer has already been registered. If so, a note will be made in the consumer's file by the home medical equipment provider that the consumer's need for registration has already been reviewed and handled by the other provider or program. Home medical equipment providers are not required to assist consumers residing in skilled nursing facilities, assisted living facilities or adult family care homes with special needs registration as those licensed facilities are responsible for evacuation and alternative sheltering of their clients.(c) The collected registration information must be furnished to the county emergency management agency pursuant to Section 400.934, F.S., and as determined by the established procedures of the local emergency management agency related to special needs registration.(7) The home medical equipment provider must provide the same type and quantity of equipment services to its consumers, which must include those being served in assisted living facilities and adult family care homes, who evacuate to special needs shelters which were being provided prior to evacuation, pursuant to Section 400.934(20)(a), F.S. Home medical equipment providers are not required to continue to provide services to consumers in emergency situations that are beyond their control and that make it impossible to provide services, such as when roads are impassable or when consumers do not go to the location specified in their consumer records.(8) If the home medical equipment provider is unable to provide equipment services to consumers who are special needs registry patients, including any assisted living facility and adult family care home special needs registry patients, then the provider will make reasonable efforts to find another resource for the consumer, pursuant to Section 400.934(20)(a), F.S. This would include arranging for services for consumers who have been forced to relocate outside of the geographic service area of the home medical equipment provider.(9) During emergency situations, when there is not a mandatory evacuation order issued by the local county emergency management office, some consumers, registered pursuant to Section 252.355, F.S., may decide not to evacuate and will stay in their homes. The home medical equipment provider must establish procedures, prior to the time of an emergency, which will delineate to what extent the provider will continue to arrange for essential equipment services during and immediately following an emergency pursuant to Section 400.934(20)(a), F.S.Fla. Admin. Code Ann. R. 59A-25.006
Rulemaking Authority 400.925, 400.934, 400.935 FS. Law Implemented 400.925, 400.934, 400.935 FS.