Citations Affected: IC 25-26-21.
Synopsis: Home medical equipment services provider licensing.
Requires a home medical equipment services provider to be licensed
by the board of pharmacy. Authorizes the board to conduct inspections,
issue licenses, discipline providers for violations, and adopt rules to:
(1) specify the equipment to be regulated; (2) set standards for the
licensure of services providers; (3) govern the safety and quality of
services that are provided; (4) recognize certain accredited individuals
for purposes of issuing a temporary license; and (5) set reasonable fees
for the application, issuance, and renewal of a license.
Effective: July 1, 2005.
January 4, 2005, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
following:
(1) Specify home medical equipment in addition to the home
medical equipment set forth in section 2 of this chapter that
is to be regulated under this chapter.
(2) Set standards for the licensure of providers.
(3) Govern the safety and quality of home medical equipment
services that are provided to customers.
(4) Recognize accreditation organizations under section 9 of
this chapter.
(5) Specify the amount of insurance coverage required under
section 6(b)(3) of this chapter.
(6) Set reasonable fees for the application, issuance, and
renewal of a license under this chapter and set other fees
permitted under IC 25-1-8.
(b) The board may consult with individuals engaged in the home
medical equipment services business to advise the board on the
formulation of rules under subsection (a). The individuals may not
be compensated or reimbursed for mileage by the board.
Sec. 8. (a) Except as provided in section 9 of this chapter, a
provider must be licensed by the board before the provider may
provide home medical equipment services. If a provider provides
home medical equipment services from more than one (1) location
in Indiana, the provider must obtain a license under this chapter
for each location.
(b) An applicant shall submit the application to the board on a
form adopted by the board. The nonrefundable application fee set
by the board must be submitted with the application. The fee may
be used to cover the board's costs of reviewing and inspecting
applications and issuing a license under this chapter.
(c) If the board determines that the applicant:
(1) meets the standards set forth by the board; and
(2) has satisfied the requirements under this chapter and the
requirements established by the board by rule;
the board shall notify the applicant in writing that the license is
being issued to the applicant. The license is effective on the
applicant's receipt of the written notification.
(d) A license issued under this chapter is effective for not more
than two (2) years, beginning on a date determined by the board.
(e) The board may renew a license every two (2) years.
Sec. 9. (a) An applicant for a license under this chapter may
submit documents that show the applicant's accreditation through
a national organization recognized by the board.
misdemeanor that:
(A) involves dishonesty; or
(B) is directly related to providing home medical
equipment services.
(5) Negligence or gross misconduct in providing home medical
equipment services.
(6) The aid, assistance, or willful allowance of another person
in violating a provision under this chapter or a rule adopted
by the board.
(7) Failure to provide within sixty (60) days information in
response to a written request from the board.
(8) The engagement in conduct that is likely to deceive,
defraud, or harm the public.
(9) Denial, revocation, suspension, or restriction of a license
in another state or jurisdiction to provide home medical
equipment services for a reason other than the failure to
renew the license.
(10) The receipt of a fee, commission, rebate, or other form of
compensation for services not rendered.
(11) Knowingly making or filing false records, reports, or
billings in the course of providing home medical equipment
services, including false records, reports, or billings prepared
for or submitted to state or federal agencies or departments.
(12) Failure to comply with federal rules issued under the
federal Medicare program (42 U.S.C. 1395 et seq.) relating to
operations, financial transactions, and general business
practices of home medical equipment services providers.
Sec. 12. (a) A person engaging in the business of home medical
equipment services who:
(1) is required to be licensed under this chapter; and
(2) knowingly provides home medical equipment services
without a license issued under this chapter;
commits a Class A misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
(c) The board may, in the name of the state and through the
attorney general, apply in a court to enjoin a person from
providing home medical equipment services in violation of this
chapter.
forth in IC 25-26-21-4, as added by this act.
(c) A person engaged in providing home medical equipment
services (as defined in IC 25-26-21-3, as added by this act) business
on June 30, 2005, and through June 30, 2006, is subject to
inspection by the board for compliance with the standards set forth
in IC 25-26-21, as added by this act.
(d) If, on the initial inspection under subsection (c), a provider
who is accredited by a national organization passes the inspection,
the board shall issue the provider a license under IC 25-26-21, as
added by this act. If, on the initial inspection under subsection (c),
a provider who is accredited by a national organization does not
meet the inspection requirements, the provider shall be issued a
temporary license for a period of twelve (12) months.
(e) When the board issues a temporary license under subsection
(d), the board shall provide the provider in writing a list of the
areas of noncompliance.
(f) After the twelve (12) month period described in subsection
(d), the board shall conduct an inspection to determine whether the
provider is in compliance with the standards set forth in
IC 25-26-21, as added by this act. If the board determines that the
provider meets the standards, the board shall issue the provider a
license under IC 25-26-21, as added by this act. If the board
determines that the provider is not in compliance, the board shall
notify the provider in writing that the board is denying the
provider a license.
(g) This SECTION expires December 31, 2008.