(A) This rule sets forth the minimum acceptable standards for persons licensed under Chapter 4752. of the Revised Code and provides criteria for the board to evaluate a licensee's compliance with acceptable and prevailing standards of safe and effective HME services.
(B) The board may determine compliance to acceptable and prevailing standards of care for HME service providers by using any of the following methods:
(1) Board member expertise;
(2) An expert witness;
(3) Current literature on HME services, which emanates from a recognized body of knowledge;
(4) Position statements from the board;
(5) Medicare or medicaid laws and rules; or
(6) Other recognized sources, which may provide the appropriate expertise or information.
(C) The board may consider mitigating or aggravating circumstances when making a decision regarding charges, disciplinary action, or referral to a non-disciplinary program. Mitigating or aggravating circumstances the board may consider include, but are not limited to:
(1) Whether the act is willful, intentional, irresponsible, or unintentional;
(2) The frequency of the occurrence of the act at issue;
(3) Whether the act represents a pattern of commissions or omissions;
(4) The outcome of the licensee or certificate of registration holder's actions; or
(5) The level of harm or potential harm to a patient or client.
(D) The licensee shall maintain knowledge of the duties, responsibilities, and accountabilities of an HME provider and shall practice in accordance with the following:
(1) The laws regulating the provision of HME providers as outlined in Chapter 4752. of the Revised Code;
(2) The rules of the board;
(3) Any other applicable federal and state laws and rules; or
(4) Position statements, standards of care or guidelines for providing HME services from nationally recognized bodies such as CMS medicare DMEPOS supplier standards, JCAHO, or other accrediting organizations recognized by the board pursuant to rule 4761:1-4-01 of the Administrative Code.
(E) A licensee and their staff shall demonstrate competence and accountability in all areas as an HME provider in which they are engaged which includes, but is not limited to, the following:
(1) HME storage, leasing, sales, delivery, billing service, maintenance, cleaning, infection control and/or repair;
(2) Appropriate recognition, referral, or consultation and intervention when a complication arises in conjunction with the function of HME or when a change in patient or client compliance occurs;
(3) Referral to another HME service provider if the client's needs are beyond the scope of the licensee.
R.C. 119.032 review dates: 05/15/2008 and 08/15/2013
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.07(G), 4752.09(A)(1)
Prior Effective Dates: 05/23/2005