2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 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.