N.Y. PBH Law § 3653 — New York Code / Act PBH / Article 36-A / Section 3653
Application and issuance of licenses
Status: in_force

§ 3653. Application and issuance of licenses. 1. An application for a\nlicense shall be made by the medical equipment service agency upon forms\nprovided by the department. The application shall contain the name of\nthe owner or owners, the location or locations where the medical\nequipment service agency is to be operated, and such other information\nas the department may require. The medical equipment service agency\nshall notify the department thirty days prior to the establishment of a\nnew facility or location and provide a description thereof. At its\ndiscretion, the department may inspect such proposed new facility or\nlocation during this thirty day period.\n  2. (a) A license shall not be issued unless the commissioner\ndetermines that the medical equipment service agency complies with all\napplicable federal and state regulations governing the safety of home\nmedical equipment services.\n  (b) An application for a license shall include the following\ninformation:\n  (i) Written procedures to ensure that all personnel engaged in\ndelivery, maintenance and repair of home medical equipment receive\nannual continuing education as may be required by regulation. In\naddition, the agency must demonstrate that the person responsible for\nthe direct administration of the medical equipment services, is\nqualified by experience and training to perform such responsibilities.\nIn addition, the agency must demonstrate that all personnel who perform\nservices that constitute the practice of a profession defined in title\neight of the education law are duly licensed or certified.\n  (ii) Written procedures for maintaining records of all patients\nreceiving home medical equipment services.\n  (iii) Written procedures for equipment management and maintenance.\n  (iv) Written procedures for servicing home medical equipment based on\nstandards prescribed by the department.\n  (v) A description of its quality assurance program which objectively\nand systematically monitors and evaluates the quality and\nappropriateness of care and services provided by such medical equipment\nservice agency. The department shall deem a medical equipment service\nagency to be in compliance with the requirements of this subparagraph if\nthe medical equipment services agency is accredited by a national\naccrediting agency approved by the department for a comparable quality\nassurance program.\n  3. A license shall be valid for three years from the date it was\nissued.  The initial application for a permit shall be accompanied by a\nlicensure fee of one hundred dollars.\n  4. The license shall specify the names of the owner or owners, and the\nlocations from which such services may be performed. The license shall\nbe displayed at all times in a prominent place in the medical equipment\nservice agency's place of business.\n  5. Agencies located within this state shall also be required to pay a\nreasonable and adequate fee for its triennial inspection, which in no\ncase shall be more than one thousand one hundred fifty dollars. Agencies\nlocated outside the state shall also be charged a reasonable and\nadequate fee to cover the cost of regulations and inspecting these\nfacilities, including a triennial inspection. Such fee shall be\ndetermined by the commissioner.\n