January 25, 2008





SENATE BILL No. 247

_____


DIGEST OF SB 247 (Updated January 23, 2008 4:45 pm - DI 104)



Citations Affected: IC 25-26.

Synopsis: Home medical equipment licensing. Removes specified home medical equipment from the definition of "home medical equipment" and redefines the term as equipment that is prescribed by a health care provider and either: (1) sustains, restores, or supplants a vital bodily function; or (2) is technologically sophisticated and requires individualized adjustment or maintenance. Defines "home medical services" to require both the: (1) sale, rental, delivery, or installation of home medical equipment; and (2) installation, maintenance, and instruction in the use of the equipment.

Effective: July 1, 2008.





Dillon




    January 10, 2008, read first time and referred to Committee on Health and Provider Services.
    January 24, 2008, amended, reported favorably _ Do Pass.






January 25, 2008

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

SENATE BILL No. 247



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-26-21-2; (08)SB0247.1.1. -->     SECTION 1. IC 25-26-21-2, AS ADDED BY P.L.122-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) As used in this chapter, "home medical equipment" means technologically sophisticated medical devices that may be used in a residence, including the following:
        (1) Oxygen and oxygen delivery systems.
        (2) Ventilators.
        (3) Respiratory disease management devices.
        (4) Continuous positive airway pressure (CPAP) devices.
        (5) Electronic and computerized wheelchairs and seating systems.
        (6) Apnea monitors.
        (7) Transcutaneous electrical nerve stimulator (TENS) units.
        (8) Low air loss cutaneous pressure management devices.
        (9) Sequential compression devices.
        (10) Feeding pumps.
        (11) Home phototherapy devices.
        (12) Infusion delivery devices.
        (13) Distribution of medical gases to end users for human consumption.
        (14) Hospital beds.
        (15) Nebulizers.
        (16) Other similar equipment determined by the board in rules adopted under section 7 of this chapter. equipment that:
        (1) is prescribed by a health care provider;
        (2) sustains, restores, or supplants a vital bodily function; and
        (3) is technologically sophisticated and requires individualized adjustment or regular maintenance.
    (b) The term does not include the following:
        (1) Walkers.
        (2) Ambulatory aids.
        (3) Commodes.
        (4) Any other home medical equipment determined by the board in rules adopted under section 7 of this chapter.

SOURCE: IC 25-26-21-3; (08)SB0247.1.2. -->     SECTION 2. IC 25-26-21-3, AS ADDED BY P.L.122-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. As used in this chapter, "home medical equipment services" means the:
        (1) sale, rental, delivery, or installation; and
        (2) rental;
        (3) delivery;
        (4) installation;
        (5) (2) installation, maintenance, or replacement, or and instruction in the use;
        (6) instruction in the use;
of medical equipment used by an individual that allows the individual to reside in a noninstitutional environment.
SOURCE: IC 25-26-21-7; (08)SB0247.1.3. -->     SECTION 3. IC 25-26-21-7, AS ADDED BY P.L.122-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) The board may adopt rules under IC 4-22-2 to do the following:
        (1) Specify home medical equipment in addition to the home medical equipment set forth in section 2 of this chapter that is or is not 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) Specify the amount of insurance coverage required under section 6(b)(3) of this chapter.
        (5) 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.