CHAPTER 21. HOME MEDICAL EQUIPMENT SERVICES PROVIDERS
IC 25-26-21
Chapter 21. Home Medical Equipment Services Providers
IC 25-26-21-1
"Board"
Sec. 1. As used in this chapter, "board" refers to the Indiana boardof pharmacy established by IC 25-26-13-3.
As added by P.L.122-2005, SEC.1.
IC 25-26-21-2
"Home medical equipment"
Sec. 2. (a) As used in this chapter, "home medical equipment"means 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 individualizedadjustment 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 boardin rules adopted under section 7 of this chapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.105-2008,SEC.50.
IC 25-26-21-3
"Home medical equipment services"
Sec. 3. As used in this chapter, "home medical equipmentservices" means the:
(1) sale, rental, delivery, or installation; and
(2) installation, maintenance, and instruction in the use;
of medical equipment used by an individual that allows theindividual to reside in a noninstitutional environment.
As added by P.L.122-2005, SEC.1. Amended by P.L.105-2008,SEC.51.
IC 25-26-21-4
"Provider"
Sec. 4. As used in this chapter, "provider" means a personengaged in the business of providing home medical equipmentservices to an unrelated individual in the individual's residence.
As added by P.L.122-2005, SEC.1.
IC 25-26-21-5
Application of chapter
Sec. 5. (a) This chapter does not apply to the following:
(1) A home health agency (as defined in IC 16-27-1-2) that doesnot sell, lease, or rent home medical equipment.
(2) A hospital licensed under IC 16-21-2 that: (A) provides home medical equipment services only as anintegral part of patient care; and
(B) does not provide home medical equipment servicesthrough a separate business entity.
(3) A manufacturer or wholesale distributor that does not sell,lease, or rent home medical equipment directly to a consumer.
(4) Except as provided under subsection (b), a practitioner (asdefined in IC 25-1-9-2) who does not sell, lease, or rent homemedical equipment.
(5) A veterinarian licensed under IC 25-38.1-3.
(6) A hospice program (as defined in IC 16-25-1.1-4) that doesnot sell, lease, or rent home medical equipment.
(7) A health facility licensed under IC 16-28 that does not sell,lease, or rent home medical equipment.
(8) A provider that:
(A) provides home medical equipment services within thescope of the licensed provider's professional practice;
(B) is otherwise licensed by the state; and
(C) receives annual continuing education that is documentedby the provider or the licensing entity.
(9) An employee of a person licensed under this chapter.
(b) A pharmacist licensed in Indiana or a pharmacy that holds apermit issued under IC 25-26 that sells, leases, or rents home medicalequipment:
(1) is not required to obtain a license under this chapter; and
(2) is otherwise subject to the:
(A) requirements of this chapter; and
(B) requirements established by the board by rule under thischapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.2-2008, SEC.64.
IC 25-26-21-6
License application; requirements
Sec. 6. (a) A person seeking to provide home medical equipmentservices in Indiana shall apply to the board for a license in themanner prescribed by the board.
(b) A provider shall do the following:
(1) Comply with:
(A) federal and state law; and
(B) regulatory requirements;
for home medical equipment services.
(2) Maintain a physical facility and medical equipmentinventory in Indiana.
(3) Purchase and maintain in an amount determined by theboard:
(A) product liability insurance; and
(B) professional liability insurance;
and maintain proof of the insurance coverage.
(4) Establish procedures to ensure that an employee or acontractor of the provider who is engaged in the following
home medical equipment activities receives annual training:
(A) Delivery.
(B) Orientation of a patient in the use of home medicalequipment.
(C) Reimbursement assistance.
(D) Maintenance.
(E) Repair.
(F) Cleaning and inventory control.
(G) Administration of home medical equipment services.
The provider shall maintain documentation of the annualtraining received by each employee or contractor.
(5) Maintain clinical records on a customer receiving homemedical equipment services.
(6) Establish home medical equipment maintenance andpersonnel policies.
(7) Provide home medical equipment emergency maintenanceservices available twenty-four (24) hours a day.
(8) Comply with the rules adopted by the board under thischapter.
As added by P.L.122-2005, SEC.1.
IC 25-26-21-7
Rules
Sec. 7. (a) The board may adopt rules under IC 4-22-2 to do thefollowing:
(1) Specify home medical equipment that is or is not to beregulated under this chapter.
(2) Set standards for the licensure of providers.
(3) Govern the safety and quality of home medical equipmentservices that are provided to customers.
(4) Specify the amount of insurance coverage required undersection 6(b)(3) of this chapter.
(5) Set reasonable fees for the application, issuance, andrenewal of a license under this chapter and set other feespermitted under IC 25-1-8.
(b) The board may consult with individuals engaged in the homemedical equipment services business to advise the board on theformulation of rules under subsection (a). The individuals may notbe compensated or reimbursed for mileage by the board.
As added by P.L.122-2005, SEC.1. Amended by P.L.105-2008,SEC.52.
IC 25-26-21-8
License required; form; notification; renewal; reciprocity
Sec. 8. (a) A provider must be licensed by the board before theprovider may provide home medical equipment services. If aprovider provides home medical equipment services from more thanone (1) location in Indiana, the provider must obtain a license underthis chapter for each location.
(b) An applicant shall submit the application to the board on a
form adopted by the board. The nonrefundable application fee set bythe board must be submitted with the application. The fee must bedeposited in the state general fund.
(c) If the board determines that the applicant:
(1) meets the standards set forth by the board; and
(2) has satisfied the requirements under this chapter and therequirements established by the board by rule;
the board shall notify the applicant in writing that the license is beingissued to the applicant. The license is effective on the applicant'sreceipt of the written notification.
(d) A license issued under this chapter expires biennially on a dateestablished by the agency under IC 25-1-5-4. An entity that islicensed under this chapter shall display the license or a copy of thelicense on the licensed premises.
(e) A license lapses without any action by the board if anapplication for renewal has not been filed and the required fee hasnot been paid by the established biennial renewal date.
(f) If a license under this chapter has been expired for not morethan three (3) years, the license may be reinstated by the board if theholder of the license meets the requirements of IC 25-1-8-6(c).
(g) If a license under this chapter has been expired for more thanthree (3) years, the license may be reinstated by the board if theholder of the license meets the requirements for reinstatement underIC 25-1-8-6(d).
(h) The board may adopt rules that permit an out-of-state providerto obtain a license on the basis of reciprocity if:
(1) the out-of-state provider possesses a valid license granted byanother state;
(2) the legal standards for licensure in the other state arecomparable to the standards under this chapter; and
(3) the other state extends reciprocity to providers licensed inIndiana.
However, if the requirements for licensure under this chapter aremore restrictive than the standards of the other state, the out-of-stateprovider must comply with the additional requirements of thischapter to obtain a reciprocal license under this chapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.98-2006,SEC.28; P.L.105-2008, SEC.53.
IC 25-26-21-9
Inspections; report; appeal; inspectors; confidential information
Sec. 9. (a) The board may inspect the operations and facilities ofan applicant for a license under this chapter to determine whether toissue the applicant a license.
(b) The board may conduct random inspections at any time for thefollowing reasons:
(1) To ensure the integrity and effectiveness of the licensingprocess.
(2) To investigate a consumer complaint or a complaint by aqualified source as identified by the board. (3) To ensure continuing compliance with the licensingrequirements under this chapter.
(c) The board shall provide the provider a report of the board'sfindings after the board completes an investigation under this section.
(d) A provider that disputes the report in subsection (c) may filean appeal under IC 4-21.5 with the board not later than thirty (30)days after receipt of the report. The board shall review the inspectionreport and, upon the provider's request, conduct a new inspection.
(e) The board shall employ qualified inspectors to investigatecomplaints and conduct inspections. Investigators may review andaudit records under an investigation or inspection during theinspected facility's normal business hours at the place of business ofthe provider being investigated.
(f) The board and the board's employees may not discloseconfidential information obtained during an investigation except:
(1) during a disciplinary hearing held under section 10 of thischapter; or
(2) under a court order.
As added by P.L.122-2005, SEC.1.
IC 25-26-21-10
Discipline
Sec. 10. The board may discipline the holder of a license underIC 25-1-9 after a hearing or for any of the following reasons:
(1) Violation of this chapter or violation of a rule established bythe board.
(2) Violation of a board order.
(3) Failure to meet the standards set forth in section 6(b) of thischapter.
(4) The conviction or plea of guilty for a felony or misdemeanorthat:
(A) involves fraud or deceit; or
(B) is directly related to providing home medical equipmentservices.
(5) Negligence or gross misconduct in providing home medicalequipment services.
(6) The aid, assistance, or willful allowance of another personin violating a provision under this chapter or a rule adopted bythe board.
(7) Failure to provide information within sixty (60) days inresponse to a written request from the board.
(8) The engagement in conduct that is likely to deceive,defraud, or harm the public.
(9) Denial, revocation, suspension, or restriction of a license inanother state or jurisdiction to provide home medical equipmentservices for a reason other than the failure to renew the license.
(10) The receipt of a fee, commission, rebate, or other form ofcompensation for services not rendered.
(11) Knowingly making or filing false records, reports, orbillings in the course of providing home medical equipment
services, including false records, reports, or billings preparedfor or submitted to state or federal agencies or departments.
(12) Failure to comply with federal rules issued under thefederal Medicare program (42 U.S.C. 1395 et seq.) relating tooperations, financial transactions, and general businesspractices of home medical equipment services providers.
As added by P.L.122-2005, SEC.1.
IC 25-26-21-11
Penalties
Sec. 11. (a) A person who engages in the business of homemedical equipment services and who:
(1) is required to be licensed under this chapter; and
(2) knowingly provides home medical equipment serviceswithout a license issued under this chapter;
commits a Class A misdemeanor.
(b) Each day a violation of this section continues constitutes aseparate offense.
(c) The board may, in the name of the state and throughtheattorney general, apply in a court to enjoin a person fromproviding home medical equipment services in violation of thischapter.
As added by P.L.122-2005, SEC.1.