4761:1-5-01 Qualifications for licensure.

(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