Everything About Florida Law Durable Medical Equipment

Durable Medical Equipment

If your healthcare business is unsure about Florida Law regarding durable medical equipment, legal compliance and licensure is a simple process that can save home medical providers tens of thousands of dollars every year.

What Is Durable Medical Equipment?

Defined by Medicare, durable medical equipment is defined as a piece of machinery that is used repeatedly for a medical purpose with an expeected lifetime of at least three years.

Let’s look at a few examples of durable medical equipment:

  • Hospital beds and air-fluidized beds.
  • Wheelchairs, electric mobility machines, and lifts.
  • Blood sugar monitor and test strips.
  • CPAP devices and CPM machines.
  • Crutches, walkers, and canes.
  • Oxygen equipment.

These are just a few of the types of equipment that fall under the “durable medical equipment” definiton in the state of Florida. If you believe that any equipment that your business provides to patients falls under the more general definition, reach out to Florida Healthcare Firm to find out what you need to do to protect your business from regulation violations.

What is the Florida Law of Return of Durable Medical Equipment?

In Florida, healthcare businesses that violate laws on durable medical equipment face hefty fines anad fees on top of legal costs.

For example, if you rent or sell durable medical equipment without proper licensure, it is subject to a punishable by a fine. Over time, it can add up to millions of dollars.

Is Your Business in Violation of Durable Medical Equipment Laws in Florida?

In the event that your business needs to rent or sell home medical equipment to patients, it is a good idea to have all your processes and protocols reviewed by a healthcare law firm that can ensure that you are in compliance, starting with proper licensure.

Find out how to protect your business from legal fees and fines by contact Florida Healthcare Law Firm.

What Is a Certificate of Good Standing in Florida?

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A Florida certificate of good standing is a piece of paper that provides proof that you are doing all the right things in your business according to the state.

Officially known in Florida as a Certificate of Status, this PDF document can be submitted to companies you work with in other states to let them know that you do exist, are up-to-date on all your fees and licenses, owe no taxes, and are legally allowed to do business.

While this is not a requirement in the state of Florida, it is not difficult to obtain and can lend credence to your standing in the healthcare field, especially if you hope to enter into partnerships with other healthcare companies in Florida or out of state.

A Certificate of Status can also be helpful as you set up a business bank account in the state of Florida, especially if your business is new and has little documentation to show that it exists.

How to Get a Certificate of Good Standing in Florida

Getting a Florida LLC certificate of good standing or a Florida corporation certificate of good standing is a simple process that can be completed entirely online as long as you have a credit card or debit card to pay the fees associated with processing the document.

To begin, you will need to find your 6-digit or 12-digit document number. This number is connected to your business registration in the state of Florida and helps them to determine that you are in fact a legitimate business registered in the state.

To find your document number, go to the Florida Secretary of State’s Division of Corporations page and enter the legal name of your business in the search bar under “Search for Corporations, Limited Liability Companies, Limited Partnerships, and Trademarks by Name.”

With your credit card or debit card and your document number, you will go to the Florida Department of State website and click the button that says “Order a Certificate of Status.”

Next, you will do the following:

  • Enter your 6-digit or 12-digit document number when prompted.
  • Provide your email address in the appropriate block.
  • Pay for the fees associated with obtaining a Certificate of Status in Florida.
  • Look for an email in the next week from the Department of State that includes a PDF of your Certificate of Status.

It could take up to 7 business days to process, so if you require a more rapid turnaround, you will need to file in person, which will allow you to get a copy of your Certificate of Status that day.

Problems With Securing Your Certificate of Status?

If you are struggling with getting your Certificate of Status in the state of Florida, contact us at Florida Healthcare Law Firm for assistance.

How to Respond to Medical Board Complaints


When a complaint is filed with the Florida Medical Board, the Board responds by sending a letter to the physician in question.

This first step starts a time clock that ensures the complaint is handled expeditiously, so it is important for physicians to respond in a timely manner. However, it is recommended that they do not respond until they have the advice of a legal team that understands the ins and outs of the medical, dental, and pharmaceutical industries.

If you have been sent a letter indicating that a complaint has been filed against you with the Florida Medical Board, reach out to Florida Healthcare Law Firm today.

What Do I Do if I Receive a Complaint Through the Florida State Medical Board?

First things first, relax. Receiving a complaint does not automatically mean that heavy fines, a business shutdown, or suspension of your license is pending. It is important to take it seriously but not to allow panic to get the better of you.

Getting legal support should be your first move since it means you will have advice that is specific to your circumstances. You’ll also get assistance meeting all the deadlines. The timeline can be 20 to 45 days depending on the license you hold.

Tips for Responding to a Medical Board Complaint

  • Do not ignore it. There are time clocks that are triggered when a complaint is filed. It is important that you respond before that time clock runs out, or it could mean automatic fines, license suspicion, and/or legal proceedings.
  • Do not respond without legal advice. This may seem counterintuitive since the letter will likely request some action on your part, but it is important that you not make a move without the advice of an attorney.
  • Contact Florida Healthcare Law Firm. Florida Healthcare Law Firm is a boutique law firm that serves medical, dental, and pharmaceutical companies that work directly with patients.

What Are My Options When a Florida Medical Board Complaint Is Filed Against Me?

Your legal team will be able to direct you on which of the following options is best suited to the complaint you are facing. In general, you will usually have 21 days to choose from the following:

  • An informal hearing
  • A formal hearing
  • To waive your rights
  • A settlement agreement

In almost no case is it appropriate to waive your rights entirely. Otherwise, you can choose from the following:

  • Agree that there is truth to the allegations made against you in an informal hearing and ask for leniency.
  • Ask for a trial so you can submit evidence to challenge the allegations made against you in a formal hearing.
  • Accept or negotiate any settlement that may have been offered by the Florida Department of Health.

Florida Medical Board Complaint Response Support

If you have received a letter saying you need to respond to a complaint from the medical board, reach out to us at Florida Healthcare Law Firm for assistance right away.

Medical Malpractice Reforms


The medical community is under attack, yet legislation has been slow to recognize the problem and address the issues.

Amendments to current laws that are not based on science are sorely needed, as the current standard supports a highly litigious relationship between patients and physicians.

Everyone wants proper and appropriate medical care that is easily accessible for all Americans, but not every medical intervention is bound to be successful in achieving its purpose. Too often, the result is that good doctors are caught up in legal battles that threaten their ability to treat patients because of medical malpractice claims.

What Is Medical Malpractice?

Medical malpractice should be an avenue for redress for patients who have been harmed by intentional negligence or wrong done by a physician. Unfortunately, there is no filter for this process in place that effectively weeds out complaints that are not based on medical science.

In the end, it is patients and their families who are hurt by a flawed legal system when it comes to medical malpractice filings. It ultimately stops physicians from providing their patients with every option of medical care at their disposal.

What Is Medical Malpractice Tort Reform?

Medical malpractice tort reform is a focused effort on the part of lawmakers to update current laws regarding malpractice complaints, so they are based on science and not emotion.

Unfortunately, this is a slow process, and in Florida, it is not a top focus for politicians.

Right now, medical malpractice tort reform is happening on a case-by-case basis. That is, rather than looking at the current law as it stands, we can base our arguments on the outcomes of medical malpractice cases in Florida that were supported by current scientific research to help clients build a strong defense against malicious or unfounded malpractice suits.

What Is the Current State of Medical Malpractice Reforms in Florida?

Every time a medical malpractice case comes before a judge in Florida, we have the opportunity to move the reform of medical malpractice forward.

While it is important to ensure that patient quality of care is protected, and that individuals who have been harmed by active and malicious negligence are appropriately compensated for their loss, it is also important to ensure that medical professionals are not targeted and blamed for negative medical outcomes that are beyond their control.

Get Help Fighting a Medical Malpractice Lawsuit

As a boutique law firm dedicated to supporting the medical community in South Florida, our goal is to help physicians and other medical personnel maintain their licenses, learn from perceived mistakes, and become stronger in their profession rather than allowing malpractice suits to tear them down.

If you would like to learn more about what a medical malpractice defense could look like in your case or get advice on how to proceed in addressing a malpractice claim made against you or your clinic, contact us at Florida Healthcare Law Firm to set up a consultation today.

Florida Statute of Limitations for Medical Malpractice

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Medical malpractice statutes and limitations are not straightforward. This ambiguity can serve to protect both the patient and the medical professionals who are doing their best to help their patients with the knowledge and resources that are accessible.

The clock starts ticking at the time medical care is provided, but another clock starts ticking on the day the patient realizes there are problems that could indicate malpractice.

However, in the event that a provider actively covers up the malpractice and deceives the patient, all clocks stop.

Here’s what you need to know.

What Is the Florida Medical Malpractice Statute of Limitations?

When a person receives medical care, the general rule is that they have two years from that date to file a malpractice claim in Florida.

This two-year limitation is extended to four years in certain circumstances. For example, if the person doesn’t realize they have suffered harm as a result of the medical care for up to four years after the medical care, this timeline is extended. This delayed realization would have to be proven in court in addition to the need to prove that malpractice occurred.

If the person doesn’t realize they were harmed due to a medical provider’s care until four years and one day or beyond, any attempt to file a malpractice case will be thrown out unless they can show that the doctor or medical facility actively covered up the malpractice or deceived the patient. This will also need to be proven in addition to the original malpractice claim and the facts supporting the delayed realization of harm.

It is important to note that a patient must file a Notice of Intent before filing a malpractice case. This will detail the nature of that case and give the person or business 90 days to respond. This filing stops the clock on the statute of limitations.

In many cases, a settlement offer may be provided within that 90-day period, but if the professional or business indicates that they will not settle, the patient must file a malpractice suit within the remaining time left in the 90 days after notice or the amount remaining in the statute of limitations, whichever provides them with more time.

What Are Florida Medical Malpractice Caps?

There are also some caps in place when it comes to how much a patient may ask for and be granted in a malpractice case. When it comes to non-economic damages, like “pain and suffering,” the cap is set at $500,000. If the damages are economic in nature (such as lost income due to malpractice), the cap is set at $1,000,000.

Florida Statute of Limitations for Medical Malpractice: Get Help

Medical malpractice cases can be complicated. If a settlement is desired, legal counsel can help to ensure a fair and protected deal. Contact Florida Healthcare Law Firm now to discuss the terms of any medical malpractice claims and get help moving forward.

How to File a Complaint Against a Doctor in Florida


The Florida Department of Health is the regulatory agency responsible for protecting the public in the world of healthcare.

They require medical professionals of all kinds to attain a certain level of education in order to gain license to practice in the state. They further require medical professionals to maintain that licensure through ongoing education and a stellar record of patient care.

When one or both of these requirements are threatened, the professional may risk fines, imprisonment, loss of licensure, or a combination of these. This applies to professionals in every aspect of healthcare, from physicians and dentists to their support staff.

When a patient feels their doctor has violated their code of ethics or responsibility, they are encouraged to file a complaint with the state. The FDH will investigate these complaints and determine whether or not action is warranted. The process can be lengthy and tedious, and in some cases, legal counsel may be recommended.

How to File a Complaint Against a Doctor in Florida

In the state of Florida, patients, colleagues, and employees can easily file a complaint against an individual practitioner, a business, or both.

This process begins online, but depending on the nature of your complaint, you may be directed to the Florida Department of Health, Agency for Health Care Administration, the U.S. Department of Health and Human Services, Statewide Medicaid Managed Care, Florida Department of Agriculture and Consumer Services, or another agency to continue to process your complaint.

Where and how you file will depend on the focus of your complaint. For example, if you believe that your doctor is fraudulently charging or overcharging you for services, you may need to go to the Department of Agriculture and Consumer Services.

If you would like to file a complaint based on a HIPAA violation, you will have to file with the U.S. Department of Health and Human Services.

Each of these agencies has a different set of forms and procedures to follow as you go through the process.

Florida Medical Board Complaints

If you wish to file a complaint of malpractice with the Florida Medical Board, the process is especially tricky. They make it very clear that while they will investigate the matter and potentially levy fines or pull licensure, they will not represent any patients in civil matters.

Additionally, the process of filing is complex, and it is not always easy to know what should happen next or what is required of the complainant.

Florida Healthcare Law Firm Can Answer Your Questions

If you’ve had a complaint filed against you, the best thing to do is hire an attorney who can assist you. Choose a law firm that has experience with healthcare law specifically as these cases can get complex.

If you have questions related to healthcare law in Florida, contact Florida Healthcare Law Firm today for assistance.

What Is AHCA in Florida?

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The Agency for Health Care Administration (AHCA) in Florida was created by Chapter 20 of the Florida Statutes and serves as the primary health policy and planning institution for all of Florida.

Florida’s Medicaid program is worth $25.2 billion. The more than 4 million Floridians served by that program and the licensure of the almost 50,000 health care facilities in Florida all fall under the jurisdiction of the AHCA in Florida.

What Does the AHCA Do in Florida?

Essentially, the AHCA regulates and coordinates the Medicaid system and the healthcare providers that offer medical services through that program to Floridians, so there is sharing of healthcare data and resources across the state through the Florida Center for Health Information and Policy Analysis.

As much as the AHCA is a regulatory agency in Florida, they have ongoing goals to get more Floridians the health insurance they need, identify and eliminate fraudulent providers that are raising costs for everyone, and cut back on regulations that aren’t valuable or productive.

What Are Florida AHCA Regulations?

It may be easier to list what Florida AHCA does NOT regulate rather than all it does, but here are just a few of the primary things that ACHA regulates:

  • Fraud and abuse of billing and services
  • Licensure of healthcare professionals, healthcare clinics and other facilities, including hospitals and long-term care programs
  • Quality of care and civil rights complaints in all healthcare facilities
  • Compilations of healthcare data
  • Background screenings for those who work as administrators or employees in nursing homes
  • Health plan enrollment, rates, contracts, and related information

What Do I Need to Be in Compliance With ACHA in Florida?

Every healthcare provider and facility will have a different list of regulations, licensure, and other compliance tools to address with the ACHA. Contact us at the Florida Healthcare Law Firm to set up an appointment. We can help you discover what you and your business need to remain compliant.

What Is the Anti-Kickback Statute?

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Gifts from another healthcare business or professional may seem harmless enough. They may actually be nothing more than a gesture that says, “Thank you for your time,” or “Thank you for recommending me.”

But the federal government may not agree that these gifts are harmless if you are in the healthcare industry and the gift is a thank you for a referral for a patient who paid for care or services with Medicare or Medicaid.

Anti-fraud laws come with stiff penalties. Getting to know them can help you to protect yourself and your business from inadvertently triggering investigations, fines, and/or prison time.

What Is the Anti-Kickback Statute?

The Anti-Kickback Statute, or AKS, is a criminal statute designed to stop medical professionals from encouraging Medicaid or Medicare patients to enroll in medical treatment or take drugs that may not be medically necessary in return for a “kickback” or remuneration of any kind, be it in cash, supplies, or services.

In some industries, receiving an affiliate fee or otherwise getting paid for referrals is standard practice and perfectly above board, but when it comes to the federal health care program, any payment for referrals is a criminal act.

Is the Anti-Kickback Statute Impacting Your Business?

If you, your business, or a colleague within your clinic is being investigated for potentially violating the Anti-Kickback Statute, contact Florida Healthcare Law Firm.

We can assist you in navigating the investigation process and help with any legal issues that arise as a result, including meetings with mediators and court dates. We can also help you adjust your best practices for handling referrals for your Medicare and Medicaid patients, so there is no future risk to your business or your career due to the Anti-Kickback Statute.

Call Florida Healthcare Law Firm now to set up your consultation.

Statute of Limitations for Medical Malpractice In Florida

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Medical malpractice is devastating for both patient and the medical professional. There are some statutes in place in Florida that limit how long it is legally an option for a patient to pursue a medical malpractice case.

Timing is important in these situations, as is proof of negligence or error on the part of the medical professional.

Here’s what you need to know.

What Is the Malpractice Statute of Limitations in Florida?

The statute of limitations for a medical malpractice suit is two years from the date that the harm caused by malpractice was discovered or could reasonably be discovered, according to Florida Statute 95.11 (4)(b).

However, there are a few exceptions to this rule. Oftentimes, an injury caused by medical malpractice may not immediately come to light.

If the case involves an adult and was immediately obvious, there is a two-year statute of limitations.

In the event that the patient is an adult, and the injury was not immediately obvious, and also involved fraud or an attempt to conceal the problem by medical staff, the statute is extended two years from the time it is identified but no more than seven years from the incident that caused the harm.

If it is an adult as the patient, the injury was not immediately discoverable, and there was no attempt to conceal the issue by medical professionals, the statute is four years from discovery.

If the patient is a minor, every case is different. There are no hard guidelines in terms of statutes of limitations in Florida.

What Defines Medical Malpractice in Florida?

Not every case in which the outcome is negative will have legal basis for a malpractice suit. If the doctor followed industry standards and made no mistakes when performing a medical service and the outcome is negative, there is no case for malpractice.

Additionally, if a mistake is made during a medical procedure but there is no clear and lasting damage to the patient’s health and well-being as a result, there is no case for malpractice.

In order to be classified as medical malpractice in the state of Florida, there must be a clear professional patient-doctor relationship between the two people, the doctor must fail to do their duty through negligence or error, and there must be demonstrable harm or injury to the patient that is serious in nature.

I Need Assistance With a Medical Malpractice Suit

Florida Healthcare Law Firm is the only boutique law firm in Florida dedicated to helping medical professionals handle any and all legal issues, including the nuances of a medical malpractice suit.

Contact us today to set up a consultation and get the help you need.