Chapter 4729:11-2 | Licensure and Registration

Rule 4729:11-2-01 | Licensure, registration and renewal.

• Effective: December 15, 2019
• Promulgated Under: 119.03

(A) An applicant applying for licensure as a HME services provider shall:

(1) File an application with the board pursuant to rule 4729:11-2-03 of the Administrative Code; and

(2) Submit the required fee as established in paragraph (F) of this rule.

(3) To be licensed as a HME services provider, the applicant shall comply with the following:

(a) The applicant shall be physically located in Ohio. A HME services provider located outside the boundaries of the state of Ohio may only apply for a certificate of registration pursuant to paragraph (B) of this rule.

(b) Meet the minimum standards set forth in rule 4729:11-3-01 of the Administrative Code.

(c) Comply with all recordkeeping requirements in accordance with rule 4729:11-3-02 of the Administrative Code.

(d) Submit to an on-site inspection pursuant to rule 4729:11-3-03 of the Administrative Code.

(B) An applicant applying for a certificate of registration as a HME services provider shall:

(1) File an application with the board pursuant to rule 4729:11-2-03 of the Administrative Code.

(2) Submit the required fee as established in paragraph (F) of this rule.

(3) The applicant shall be accredited by the joint commission on accreditation of healthcare organizations or another national accrediting body recognized by the board in accordance with rule 4729:11-2-04 of the Administrative Code. Part of the registration process shall be an inquiry to the accrediting agency with which the entity is accredited. This information will be used as a part of the consideration in granting a registration.

(C) The persons listed in paragraphs (A) and (B) of this rule shall be a natural person that owns and/or operates the business entity applying for licensure or registration. In the event the applicant is not owned by a natural person, each business entity with an ownership interest in the applicant must be disclosed on the application up to and through the entity that is owned by a natural person.

(D) A license or registration expires at the end of the period for which it is issued and may be renewed. For purposes of issuing and renewing licenses, the board shall use a biennial licensing period that begins on the first day of July of each even-numbered year and ends on the thirtieth day of June of the next succeeding even-numbered year.

(E) A person who seeks to renew a license or registration shall submit an application for renewal, containing information as required by the board, and pay the required fee in accordance with paragraph (F) of this rule on or before the thirtieth day of June each even-numbered year.

(F) The board establishes the following non-refundable fees:

(1) All applications for initial and biennial renewal of a license shall include a fee no greater than one thousand two hundred dollars;

(2) All applications for initial and biennial renewal of a certificate of registration shall include a fee no greater than five hundred dollars.

(3) If an application for renewal of a license or certificate of registration is filed with the board after the renewal date, the applicant will be charged an additional late fee of two hundred dollars.

(4) If a complete application for renewal has not been submitted by the sixty-first day after the renewal date specified in this rule, the license or certificate of registration is considered void and cannot be renewed, but the holder may reinstate the licensure or registration in accordance with procedures specified by the board.

(G) A person that fails to renew a license or certificate or registration in accordance with this rule is prohibited from engaging in the provision of HME services.

(H) On or before June 30, 2022, a HME services provider located outside the boundaries of the state of Ohio currently licensed under Chapter 4752. of the Revised Code shall obtain a registration as a HME services provider.

Supplemental Information

Authorized By: 4752.17
Amplifies: 4752.06
Five Year Review Date: 12/15/2024
Prior Effective Dates: 5/24/2006, 7/15/2007

Rule 4729:11-2-02 | Designated representative.

• Effective: December 15, 2019
• Promulgated Under: 119.03

(A) A location licensed or registered as a HME provider shall have a designated representative at all times.

(B) When there is a change of designated representative, the state board of pharmacy shall be notified by the new designated representative within ten days of the effective date of the appointment of the new designated representative in a manner determined by the board.

(C) The designated representative shall be responsible for compliance with all applicable state and federal laws, regulations, and rules governing the provision of HME services.

(D) The designated representative shall be physically present at the licensed or registered location for a sufficient amount of time to provide supervision of the activities conducted by a HME services provider.

(E) Unless otherwise approved by the board, a HME services provider shall not have a designated representative who:

(1) Has been denied the right to work in any facility by the state board of pharmacy as part of an official order of the board.

(2) Has been denied the right to work in such a facility by another professional licensing agency as part of an official order of that agency.

(3) Has committed an act that constitutes a misdemeanor theft offense, regardless of the jurisdiction in which the act was committed.

(4) Has committed an act that constitutes a felony, regardless of the jurisdiction in which the act was committed.

(5) Is addicted to or abusing alcohol or drugs.

(6) Has committed an act that constitutes a misdemeanor involving dishonesty, fraud, or directly related to the provision of HME services, regardless of the jurisdiction in which the act was committed.

(7) Has been disciplined by the state board of pharmacy pursuant to Chapter 4729. of the Revised Code, except for a disciplinary action related to the failure to timely obtain continuing education required pursuant to agency 4729 of the Administrative Code.

(8) Has been excluded from participation in medicare or a state health care program.

(9) Has been the subject of any of the following by an accrediting agency or a licensing or certification agency of any state or jurisdiction:

(a) A disciplinary action that resulted in the suspension, probation, surrender or revocation of the person's license, registration, certification, or accreditation; or

(b) A disciplinary action that was based, in whole or in part, on the person's provision of home medical equipment services.

(10) Has committed an act that constitutes a misdemeanor that is related to, or committed in, the employee's professional practice.

(11) Has committed an act of moral turpitude that constitutes a felony or misdemeanor in this state, regardless of the jurisdiction in which the act was committed.

Last updated February 18, 2022 at 1:30 PM

Supplemental Information

Authorized By: 4752.17
Amplifies: 4752.17
Five Year Review Date: 12/15/2024

Rule 4729:11-2-03 | Applications.

• Effective: December 15, 2019
• Promulgated Under: 119.03

(A) The following information shall be required on a form supplied by the state board of pharmacy from each person making an application for a HME services provider license or certificate of registration:

(1) The name, full physical business address (not a post office box), and telephone number of the applicant.

(2) All trade, fictitious, or business names used by the applicant (e.g. "doing business as" or "formerly known as").

(3) Addresses, telephone numbers, and the full names of contact persons for all facilities used by the applicant for the storage, handling, and distribution of HME.

(4) The type of ownership or operation (i.e., sole proprietorship, partnership, corporation, or government agency).

(5) The following information for the owner(s) and/or operator(s) of the applicant:

(a) For a partnership:

(i) The full name, business address, social security number, and date of birth of each partner; if the partner is not a natural person each business entity that is a partner having an ownership interest must be disclosed on the application up to and through the entity that is owned by a natural person;

(ii) The name of the partnership; and

(iii) The partnership's federal employer identification number.

(b) For a corporation:

(i) The full name, business address, social security number and date of birth of the corporation's president, vice-president, secretary, treasurer and chief executive officer, or any equivalent position;

(ii) The name or names of the corporation;

(iii) The state of incorporation;

(iv) The corporation's federal employer identification number;

(v) The name of the parent company, if applicable;

(vi) If the corporation is not publicly traded on a major stock exchange, the full name, business address, and social security number of each shareholder owning ten percent or more of the voting stock of the corporation.

(c) For a sole proprietorship:

(i) The full name, business address, social security number, and date of birth of the sole proprietor; and

(ii) If applicable, the federal employer identification number of the business entity.

(6) If the person making application for a certificate of registration, information necessary to verify accreditation authorized pursuant to rule 4729:11-2-04 of the Administrative Code.

(7) If applicable, the Ohio medicaid number, federal medicare number, and federal tax identification number for the applicant.

(8) A copy of the applicant's certificate of product and professional liability insurance from an insurer showing a minimum one million dollars per occurrence, three million dollars aggregate of coverage.

(9) A list of the HME to be stored, repaired, leased or sold by the applicant.

(10) A brief description of the HME services provided, including square footage of the facility.

(11) A list of the personnel currently employed by the applicant who are engaged in the delivery of HME services, including job titles.

(12) List of other licenses, registrations, or certifications held by the applicant.

(13) Any additional information required on the application as determined by the board.

(14) Any follow-up information as deemed necessary upon the receipt of the application materials.

Supplemental Information

Authorized By: 4752.17
Amplifies: 4752.17
Five Year Review Date: 12/15/2024

Rule 4729:11-2-04 | Recognized accrediting bodies.

• Effective: December 15, 2019
• Promulgated Under: 119.03

(A) The board recognizes the joint commission as a national body that accredits HME services providers.

(B) The board, at its discretion, may recognize other national accrediting bodies if an agency submits a written request to the board for recognition. The board shall consider the following criteria in determining whether to recognize an agency:

(1) The agency is recognized by CMS or other nationally recognized independent quality review organization;

(2) The agency operates under the control of a multi-disciplinary governing body or board;

(3) The agency operates within the continental United States;

(4) The agency currently accredits and maintains accreditation of at least fifty HME, respiratory, or rehab organizations;

(5) The agency has a measurable process with outcome standards for determining whether to accredit a HME services provider;

(6) The agency performs on site evaluations of organizations using quantitative performance criteria;

(7) The agency awards accreditation for a finite period of time;

(8) The agency develops and publishes surveyor/site visitor qualifications and competencies;

(9) The agency provides written reports of survey visits, observations, violations, citations, and requirements for improvement; and

(10) The agency signs a cooperative agreement with the board, for mutual reporting of legal or accrediting violations.

(C) National accrediting bodies recognized by the board shall be posted to the board's website (www.pharmacy.ohio.gov).

(D) National accrediting bodies recognized by the former respiratory care board prior to January 21, 2018 shall be deemed recognized by the state board of pharmacy.

(E) If the board determines that the agency applying to be recognized does not meet the requirements of paragraph (B) of this rule, the board may deny recognition of the agency. An agency denied by the board may not resubmit a request for recognition for twenty-four months from the date of denial.

Supplemental Information

Authorized By: 4752.17
Amplifies: 4752.17
Five Year Review Date: 12/15/2024

Rule 4729:11-2-05 | Change in description of a HME services provider or discontinuation of business.

• Effective: December 15, 2019
• Promulgated Under: 119.03

(A) Any change in the ownership, business or trade name, category, or address of a HME services provider requires a new application, required fee, and license or certificate of registration. The new application and required fee shall be submitted within thirty days of any change in the ownership, business or trade name, category, or address.

(B) A change of ownership includes any of the following:

(1) A change of controlling interest of ten percent or more of a licensed or registered corporation's outstanding shares of voting stock.

(2) Any business entity change from its original form, as licensed or registered, to a sole proprietor ownership, partnership, limited liability company, corporation or any other business entity.

(3) An existing corporation ceases and a new corporation or other business entity is formed.

(4) An existing corporation continues and there is a one hundred percent stock purchase by another corporation or other business entity.

(5) Two wholly-owned subsidiaries of a parent company are merged.

(6) A currently licensed or registered HME services provider is purchased or operated by a different business entity than what is listed on the original application, even if the location maintains the original "doing business as" (DBA) and/or designated representative.

(7) Any partnership change other than that which was originally licensed.

(a) A partnership change is deemed to have occurred when:

(i) There is an addition or removal of one or more partners in a partnership to which a license is issued.

(ii) The entity is sold and the sale becomes final.

(b) For partnerships, a transfer of a proportion of ownership among existing partners is not a change of ownership, if there is no addition or removal of a partner.

(8) Any other business model change as determined by the board to be a change of ownership.

(C) For publicly traded corporations, a routine sale of stock is not a change of ownership.

A publicly traded corporation is a corporation owned by stockholders who are members of the general public and who trade shares publicly, often through a listing on a stock exchange.

(D) If any change of ownership in accordance with paragraph (B) of this rule results in a new or different DBA, or a new or different employer identification number (EIN), a new application fee is required.

(E) A change of ownership set forth in this rule or as otherwise determined by the board's executive director or the director's designee, may require the board to issue a new license or registration number.

(F) A change of ownership as described in paragraph (B) of this rule of a licensee's parent or holding company shall not require a new application, required fee, or license/registration.

(G) A HME services provider who plans to discontinue business activities shall file a notice with the board. The notice shall be submitted, in a manner determined by the board, at least thirty days in advance of the proposed date of discontinuing business, unless waived by the board's executive director or the director's designee due to extraordinary circumstances beyond the provider's control. This notice shall include the following information:

(1) The name, address, and license or registration number of the HME services provider discontinuing business.

(2) The name and address of the location where the records will be maintained in accordance with rule 4729:11-3-02 of the Administrative Code.

(3) The proposed date of discontinuing business.

Supplemental Information

Authorized By: 4752.17
Amplifies: 4752.17
Five Year Review Date: 12/15/2024