N.Y. Public Health Law § 3653: Application and issuance of licenses

§ 3653. Application and issuance of licenses. 1. An application for a

license shall be made by the medical equipment service agency upon forms

provided by the department. The application shall contain the name of

the owner or owners, the location or locations where the medical

equipment service agency is to be operated, and such other information

as the department may require. The medical equipment service agency

shall notify the department thirty days prior to the establishment of a

new facility or location and provide a description thereof. At its

discretion, the department may inspect such proposed new facility or

location during this thirty day period.

2. (a) A license shall not be issued unless the commissioner

determines that the medical equipment service agency complies with all

applicable federal and state regulations governing the safety of home

medical equipment services.

(b) An application for a license shall include the following

information:

(i) Written procedures to ensure that all personnel engaged in

delivery, maintenance and repair of home medical equipment receive

annual continuing education as may be required by regulation. In

addition, the agency must demonstrate that the person responsible for

the direct administration of the medical equipment services, is

qualified by experience and training to perform such responsibilities.

In addition, the agency must demonstrate that all personnel who perform

services that constitute the practice of a profession defined in title

eight of the education law are duly licensed or certified.

(ii) Written procedures for maintaining records of all patients

receiving home medical equipment services.

(iii) Written procedures for equipment management and maintenance.

(iv) Written procedures for servicing home medical equipment based on

standards prescribed by the department.

(v) A description of its quality assurance program which objectively

and systematically monitors and evaluates the quality and

appropriateness of care and services provided by such medical equipment

service agency. The department shall deem a medical equipment service

agency to be in compliance with the requirements of this subparagraph if

the medical equipment services agency is accredited by a national

accrediting agency approved by the department for a comparable quality

assurance program.

3. A license shall be valid for three years from the date it was

issued. The initial application for a permit shall be accompanied by a

licensure fee of one hundred dollars.

4. The license shall specify the names of the owner or owners, and the

locations from which such services may be performed. The license shall

be displayed at all times in a prominent place in the medical equipment

service agency's place of business.

5. Agencies located within this state shall also be required to pay a

reasonable and adequate fee for its triennial inspection, which in no

case shall be more than one thousand one hundred fifty dollars. Agencies

located outside the state shall also be charged a reasonable and

adequate fee to cover the cost of regulations and inspecting these

facilities, including a triennial inspection. Such fee shall be

determined by the commissioner.