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 board
of 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 individualized
adjustment 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 board
in 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 equipment
services" 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 the
individual 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 person
engaged in the business of providing home medical equipment
services 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 does
not 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 an
integral part of patient care; and
(B) does not provide home medical equipment services
through 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 (as
defined in IC 25-1-9-2) who does not sell, lease, or rent home
medical 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 does
not 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 the
scope of the licensed provider's professional practice;
(B) is otherwise licensed by the state; and
(C) receives annual continuing education that is documented
by 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 a
permit issued under IC 25-26 that sells, leases, or rents home medical
equipment:
(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 this
chapter.
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 equipment
services in Indiana shall apply to the board for a license in the
manner 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 equipment
inventory in Indiana.
(3) Purchase and maintain in an amount determined by the
board:
(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 a
contractor 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 medical
equipment.
(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 annual
training received by each employee or contractor.
(5) Maintain clinical records on a customer receiving home
medical equipment services.
(6) Establish home medical equipment maintenance and
personnel policies.
(7) Provide home medical equipment emergency maintenance
services available twenty-four (24) hours a day.
(8) Comply with the rules adopted by the board under this
chapter.
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 the
following:
(1) Specify home medical equipment that is or is not to be
regulated under this chapter.
(2) Set standards for the licensure of providers.
(3) Govern the safety and quality of home medical equipment
services that are provided to customers.
(4) Specify the amount of insurance coverage required under
section 6(b)(3) of this chapter.
(5) Set reasonable fees for the application, issuance, and
renewal of a license under this chapter and set other fees
permitted under IC 25-1-8.
(b) The board may consult with individuals engaged in the home
medical equipment services business to advise the board on the
formulation of rules under subsection (a). The individuals may not
be 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 the
provider may provide home medical equipment services. If a
provider provides home medical equipment services from more than
one (1) location in Indiana, the provider must obtain a license under
this 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 by
the board must be submitted with the application. The fee must be
deposited 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 the
requirements established by the board by rule;
the board shall notify the applicant in writing that the license is being
issued to the applicant. The license is effective on the applicant's
receipt of the written notification.
(d) A license issued under this chapter expires biennially on a date
established by the agency under IC 25-1-5-4. An entity that is
licensed under this chapter shall display the license or a copy of the
license on the licensed premises.
(e) A license lapses without any action by the board if an
application for renewal has not been filed and the required fee has
not been paid by the established biennial renewal date.
(f) If a license under this chapter has been expired for not more
than three (3) years, the license may be reinstated by the board if the
holder 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 than
three (3) years, the license may be reinstated by the board if the
holder of the license meets the requirements for reinstatement under
IC 25-1-8-6(d).
(h) The board may adopt rules that permit an out-of-state provider
to obtain a license on the basis of reciprocity if:
(1) the out-of-state provider possesses a valid license granted by
another state;
(2) the legal standards for licensure in the other state are
comparable to the standards under this chapter; and
(3) the other state extends reciprocity to providers licensed in
Indiana.
However, if the requirements for licensure under this chapter are
more restrictive than the standards of the other state, the out-of-state
provider must comply with the additional requirements of this
chapter 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 of
an applicant for a license under this chapter to determine whether to
issue the applicant a license.
(b) The board may conduct random inspections at any time for the
following reasons:
(1) To ensure the integrity and effectiveness of the licensing
process.
(2) To investigate a consumer complaint or a complaint by a
qualified source as identified by the board.
(3) To ensure continuing compliance with the licensing
requirements under this chapter.
(c) The board shall provide the provider a report of the board's
findings after the board completes an investigation under this section.
(d) A provider that disputes the report in subsection (c) may file
an 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 inspection
report and, upon the provider's request, conduct a new inspection.
(e) The board shall employ qualified inspectors to investigate
complaints and conduct inspections. Investigators may review and
audit records under an investigation or inspection during the
inspected facility's normal business hours at the place of business of
the provider being investigated.
(f) The board and the board's employees may not disclose
confidential information obtained during an investigation except:
(1) during a disciplinary hearing held under section 10 of this
chapter; 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 under
IC 25-1-9 after a hearing or for any of the following reasons:
(1) Violation of this chapter or violation of a rule established by
the board.
(2) Violation of a board order.
(3) Failure to meet the standards set forth in section 6(b) of this
chapter.
(4) The conviction or plea of guilty for a felony or misdemeanor
that:
(A) involves fraud or deceit; or
(B) is directly related to providing home medical equipment
services.
(5) Negligence or gross misconduct in providing home medical
equipment services.
(6) The aid, assistance, or willful allowance of another person
in violating a provision under this chapter or a rule adopted by
the board.
(7) Failure to provide information within sixty (60) days in
response 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 in
another state or jurisdiction to provide home medical equipment
services for a reason other than the failure to renew the license.
(10) The receipt of a fee, commission, rebate, or other form of
compensation for services not rendered.
(11) Knowingly making or filing false records, reports, or
billings in the course of providing home medical equipment
services, including false records, reports, or billings prepared
for or submitted to state or federal agencies or departments.
(12) Failure to comply with federal rules issued under the
federal Medicare program (42 U.S.C. 1395 et seq.) relating to
operations, financial transactions, and general business
practices 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 home
medical equipment services and who:
(1) is required to be licensed under this chapter; and
(2) knowingly provides home medical equipment services
without a license issued under this chapter;
commits a Class A misdemeanor.
(b) Each day a violation of this section continues constitutes a
separate offense.
(c) The board may, in the name of the state and through
theattorney general, apply in a court to enjoin a person from
providing home medical equipment services in violation of this
chapter.
As added by P.L.122-2005, SEC.1.