§ 24-21-115 — Durable medical equipment supplier license - definition - rules

Colorado § 24-21-115

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Secretary of State - Department of State

Text

(1) As used in this section:

(a) Durable medical equipment supplier means a person or entity that:

(I) Currently bills or plans to bill the medicare program for services or
products listed in the centers for medicare and medicaid durable medical
equipment, prosthetics, orthotics, and supplies competitive bid product categories
in this state in the current calendar year; or

(II) Intends to bid for services or products listed in the centers for medicare
and medicaid durable medical equipment, prosthetics, orthotics, and supplies
competitive bid product categories in this state in the current calendar year.

(b) Durable medical equipment supplier does not include:

(I) A person or entity that supplies or provides insulin infusion pumps and
related supplies or services;

(II) A person or entity that supplies or provides products that are part of
medicare's national mail order program;

(III) A pharmacy located in Colorado that has a current pharmacy
accreditation exemption that is accepted and recognized by the national supplier
clearinghouse that enables the pharmacy to be enrolled in Medicare to supply
durable medical equipment without having the accreditation;

(IV) A practitioner identified in 42 U.S.C. sec. 1395u (18)(C) or a physician, if
the practitioner or the physician is supplying or providing durable medical
equipment to his or her own patients as part of the practitioner's or physician's own
services; or

(V) A person or entity that supplies or provides devices directly to a
practitioner identified in 42 U.S.C. sec. 1395u (18)(C) or a physician that require a
prescription for dispensing to the patient as part of his or her own services, whether
mailed to the practitioner or physician for fitting or directly mailed to the patient.

(2) (a) In order to do business in Colorado, a durable medical equipment
supplier must be licensed by the secretary of state.

(b) A durable medical equipment supplier license is not required as a
condition of enrollment as a provider in the medical assistance program described
in title 25.5, C.R.S.

(3) An applicant for a durable medical equipment supplier license must:

(a) Complete the license application as directed by the secretary of state;

(b) Submit to the secretary of state a notarized affidavit attesting that:

(I) The applicant has at least one accredited physical facility that is staffed
during reasonable business hours and is within one hundred miles of any Colorado
resident medicare beneficiary being served by the applicant.

(II) The applicant has sufficient inventory and staff to service or repair
products; and

(III) The applicant is accredited by an accrediting organization recognized
and accepted by the federal centers for medicare and medicaid services;

(c) Provide to the secretary of state a street address and a local business
telephone number; and

(d) Pay an annual fee established by the secretary of state, not to exceed
five hundred dollars.

(4) The durable medical equipment supplier licensee shall prominently
display the license at each of its physical business locations. The license may be
duplicated for this purpose.

(5) The secretary of state shall refer all complaints concerning durable
medical equipment suppliers, durable medical equipment, or services to the federal
centers for medicare and medicaid.

(6) The secretary of state shall implement this section on or before
December 31, 2014. The secretary of state may promulgate rules to implement this
section.

Legislative History

Source: L. 2014: Entire section added, (HB 14-1369), ch. 256, p. 1019, � 2, effective May 22. L. 2015: (1), (2), and (3)(b)(I) amended, (HB 15-1211), ch. 48, p. 117, � 1, effective March 26.