For many Florida home health providers, biomedical waste compliance has long been associated with a costly and unnecessary assumption: that agencies must maintain a standing contract with a biomedical waste transporter, schedule monthly visits even when no waste is generated, and collect monthly “no waste” receipts for a full year in order to qualify for an exemption.

Recent clarification from the Florida Department of Health (DOH) confirms that this interpretation is incorrect.

No Monthly Pickup When No Waste is Generated

Under current law and regulations, home health agencies are not required to schedule monthly biomedical waste pickups if no biomedical waste is generated. The regulatory framework is event-based, not calendar-based.

The 30-day storage requirement begins only when biomedical waste is first placed into a red bag or a sharps container — not at the start of a month. For sharps, containers do not need to be sealed until they are full; once sealed, they must be picked up within 30 days. If no biomedical waste is generated, no transporter visit is required.

How Exemptions Are Properly Documented

Another common misunderstanding involves how agencies document eligibility for a biomedical waste exemption. Rather than relying on transporter receipts showing “no waste,” agencies may maintain an internal weight log documenting the amount of biomedical waste generated during each 30-day period.

To qualify for an exemption, the log must demonstrate:

• Less than 25 pounds of biomedical waste generated per month
• For 12 consecutive months

A transporter contract is not required solely to establish exemption eligibility.

What an Exemption Does — and Does Not — Cover

A biomedical waste exemption applies only to the permit application and associated fee. Exempt agencies must still comply with all other statutory and regulatory requirements, including:

• Maintaining a biomedical waste plan
• Training staff at hire and annually
• Properly handling, storing, and disposing of biomedical waste when it is generated

Importantly, exemption does not allow biomedical waste to be placed in a patient’s trash. Items that meet the statutory definition of biomedical waste must still be managed through the biomedical waste stream. This may include wound vacuum dressings, tubing, suction canisters, or disposable wound vacuum units when visibly contaminated with blood or body fluids. Items that are not contaminated and do not meet the definition may be disposed of as regular waste.

Why This Clarification Matters

Advances in wound care, diabetes management, and in-home technology have significantly reduced the amount of biomedical waste generated by many home health agencies. Requiring agencies to pay for unnecessary transporter contracts or monthly visits when no waste exists creates avoidable costs without improving safety.

DOH’s clarification confirms that Florida’s existing rules already allow flexibility for low- or no-waste providers—when properly understood and applied.

HCAF will continue engaging with state agencies to promote clear, consistent guidance and to ensure biomedical waste requirements are applied appropriately across the home health sector.

For questions or additional clarification, please contact Patti Heid, MSPT, COS-C, Senior Director of Best Practices & Compliance, at pheid@homecarefla.org.