Chapter 4761:1-5 Licensing

(A) An applicant applying for licensure as an HME service provider must file an application with the board, on forms provided by the board.

(B) To be licensed as an HME service provider, the applicant must show the following:

(1) That they maintain a facility to adequately store, maintain, lease or sell the home medical equipment in which they have listed on their application for licensure;

(2) That they have trained personnel on staff to ensure that their equipment is maintained, leased and sold in a manner that is safe to the public;

(3) That they minimally possess product and professional liability insurance coverage in the amount of one million dollars per occurrence, three million dollars aggregate and the certificate of insurance must show that the product and professional liability insurance coverage is contained in the total aggregate amount;

(4) That they have a filing system established to document all sales and leases of medical equipment, including pertinent medical records;

(5) That they must meet all established federal, state and local rules and regulations regarding the maintenance, storage and sale of home medical equipment.

(C) The board may propose to deny a license to an applicant if they or a person on their staff have been convicted of a felony in Ohio or of a crime in another state that would constitute a felony in Ohio; have been convicted of any crime involving theft, fraud or any violation of the drug laws in Ohio; or have been excluded from participation in the medicaid, medicare or any federally funded program.

(D) The board may elect to conduct a personal interview of any applicant or their representative.

(E) Applicants applying for licensure before September 15, 2006, who do not meet the qualifications for licensure, but who can provide evidence to the board that they have been actively engaged in the business of providing home medical equipment services for at least the past twelve months may be granted a provisional license by the board. The provisional license will expire one year from the date of issuance and is not renewable.

Effective: 08/15/2008

R.C. 119.032 review dates: 05/15/2008 and 08/15/2013

Promulgated Under: 119.03

Statutory Authority: 4752.17(A)(4), 4752.17(A)(11)

Rule Amplifies: 4752.17(A)(4), 4752.17(A)(11)

Prior Effective Dates: 05/23/2005

(A) The application shall include the following:

(1) Name of applicant (including the name of all trade and business names used by the applicant);

(2) Name of HME service provider’s authorized representative agent and other assigned persons representing the applicant, if it is different from the name of the applicant;

(3) Address of the location of the HME services provider;

(4) Telephone number of the HME services provider, including the number to be contacted in an emergency situation, which is monitored twenty-four hours per day, seven days per week if equipment sold, leased or maintained includes life sustaining and/or technologically sophisticated medical equipment;

(5) Certificate of product and professional liability insurance from the insurer showing a minimum one million dollars per occurrence, three million dollars aggregate of coverage;

(6) A list of the HME to be stored, repaired, leased or sold from the HME services provider;

(7) A brief description of the HME provided, including square footage of the facility;

(8) A list of the personnel currently employed at the HME service provider, including their job titles;

(9) List of persons under the employ of the HME service provider having criminal convictions, including the title of the conviction and when and where the conviction took place. This does not include traffic or moving violations.

Effective: 03/31/2008

R.C. 119.032 review dates: 01/11/2008 and 03/31/2013

Promulgated Under: 119.03

Statutory Authority: 4752.17(A)(4), 4752.17(A)(11)

Rule Amplifies: 4752.04, 4752.17(A)(11)

Prior Effective Dates: 05/23/2005

(A) License applications for HME services providers must include a complete application and proof of meeting all requirements under rules 4761:1-5-014761:1-5-02 of the Administrative Code. Applications that are incomplete will be held open for ninety days following notification of incomplete requirements by regular mail. After sixty days, a final notice of incomplete application will be mailed by certified mail, return-receipt requested. If, by the end of the ninety day period, the application remains incomplete, it will be considered abandoned. After ninety days, if desired, the applicant must submit a new application, including fee.

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015

Promulgated Under: 119.03

Statutory Authority: 4752.17(A)(11)

Rule Amplifies: 4752.17(a)(h)

Prior Effective Dates: 07/15/2007