By Michael L. Smith, J.D., R.R.T. Board Certified by The Florida Bar in Health Law
Physicians frequently utilize electrostimulation or transcutaneous electrical nerve stimulation (TENS) units, and other medical equipment in the course of their practice. Most often the physician or the practice bills the patient or the patient’s insurance for the medical equipment. Unfortunately, some physicians do not know that a special Home Medical Equipment Provider (HMEP) license may be required in Florida in order to legally bill patients for TENS units, and other durable medical equipment that the physicians provide to their own patients. Violating the laws that require a license can place the physician and the practice in some serious legal trouble.
Requirements for Physicians.
Under Florida law, a special Home Medical Equipment Provider (HMEP) license is required before a physician may provide and bill a patient or the patient’s insurance company for TENS units and most other durable medical equipment. Physicians who provide and bill for medical equipment and supplies without the required license may be charged with a second degree misdemeanor. The same physicians may also be subjected to an administrative fine of $5,000 for each violation. Additionally, insurance companies routinely refused to pay for TENS units, and other durable medical equipment that physicians have provided to their own patients because the physician has not obtained a Home Medical Equipment Provider license.
New Legislation.
The Florida Legislature recently passed an amendment to the Home Medical Equipment Provider license requirement that would allow allopathic, osteopathic, and chiropractic physicians to sell or rent electrostimulation medical equipment and supplies to their patients in the course of their practice without first obtaining the Home Medical Equipment Provider license. However, the amendment does not change the license requirements for other durable medical equipment that physicians sell or rent to their own patients in the course of their practices. The amendment became effective on July 1, 2020.
Any Florida physician providing TENS units or other durable medical equipment to their own patients and billing the patients or the patient’s insurer for those services should consult with an experienced health law attorney to ensure the services are provided legally.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
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About the Author: Michael L. Smith, R.R.T., J.D., is Board Certified by The Florida Bar in Health Law. He is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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