(1) The agency may deny, revoke, and suspend a license and impose an administrative fine not to exceed $5,000 per violation.
(2) Any of the following actions by an employee of a home medical equipment provider are grounds for administrative action or penalties by the agency:

(a) Violation of this part, part II of chapter 408, or applicable rules.

Terms Used In Florida Statutes 400.932

  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.925
  • Home medical equipment: includes any product as defined by the Food and Drug Administration's Federal Food, Drug, and Cosmetic 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. See Florida Statutes 400.925
  • patient: means any person who uses home medical equipment in his or her place of residence. See Florida Statutes 400.925
(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) 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
(b) Has been or is currently excluded, suspended, or terminated from, or has involuntarily withdrawn from, any governmental or private health care or health insurance program.