Ohio Administrative Code|Rule 4729:11-3-01 | Minimum standards for licensees.

                                                
(A) This rule sets forth the minimum
		  acceptable standards for licensure as a HME services provider under Chapter
		  4752. of the Revised Code.
(B) A licensee shall maintain knowledge
		  of the duties and responsibilities of a HME services provider and shall
		  practice in accordance with the following:
(1) Chapter 4752. of the
			 Revised Code;
(2) Division 4729:11 of
			 the Administrative Code;
(3) Any other applicable
			 federal and state laws, rules and regulations; and
(4) Position statements,
			 standards of care or guidelines for providing HME services from nationally
			 recognized organizations, including medicare durable medical equipment,
			 prosthetics, orthotics, and supplies (DMEPOS) supplier standards, joint
			 commission, or other accrediting bodies recognized by the board pursuant to
			 rule 4729:11-2-04 of the Administrative Code.
(C) A licensee and the licensee's
		  staff shall demonstrate competence and accountability in all areas of HME
		  services in which they are engaged, including, but not limited to, the
		  following:
(1) HME storage, leasing,
			 sales, delivery, billing services, maintenance, cleaning, infection control,
			 and repair;
(2) Appropriate
			 recognition, referral, or consultation and intervention when a complication
			 arises in conjunction with the function of HME or when a change in patient or
			 client compliance occurs; and
(3) Referral to another
			 HME services provider if the client's needs are beyond the scope of the
			 license holder.
(D) A licensee is responsible for
		  maintaining a facility that meets all the following requirements:
(1) The facility must
			 have appropriate physical space to safely store, maintain and service on site
			 equipment;
(2) The facility must
			 have separation of business office, patient records, equipment cleaning,
			 maintenance, and storage functions, as applicable;
(3) The facility must be
			 able to demonstrate appropriate equipment flows through various stages to
			 ensure that the equipment is properly disinfected, repaired, stored, and
			 maintained;
(4) The facility must
			 maintain inventory on site or by arrangement with a supplier to meet the needs
			 of the licensee's current client base; and
(5) The facility must
			 meet all federal, state and local laws, rules, and regulations, including those
			 pertaining to the storage, maintenance, and sale of upholstery or bedding, if
			 applicable.
(E) In maintaining equipment, a licensee
		  shall:
(1) Maintain and document
			 equipment in accordance with the manufacturer's guidelines;
(2) Clean, disinfect,
			 repair, store, segregate and identify all equipment in a manner that ensures
			 the equipment is safe for use by the public;
(3) Ensure that all
			 equipment is used within the manufacturer's recommended guidelines and
			 expirations dates, if applicable.
(F) A licensed HME services provider
		  shall:
(1) Maintain appropriate
			 staffing to handle the scope of equipment sold, rented and maintained and to
			 appropriately meet the demands of the business.
(2) Ensure that all staff
			 members are trained and supervised by qualified persons.
(3) Maintain personnel
			 records for each employee, which shall include all of the
			 following:
(a) Job description for the position held by the
				employee.
(b) Application qualifications.
(c) For any employee that provides HME services, supervises
				an employee who provides HME services, or has access to records maintained in
				accordance with rule 4729:11-3-02 of the Administrative Code who is working
				within the state of Ohio, a criminal background check shall be performed only
				upon initial hire by the Ohio bureau of criminal identification and
				investigation (BCI&I) and shall consist of both a BCI&I and FBI
				criminal records check.
(d) Orientation and training records.
(e) Verification of competence.
(f) Performance plan to be completed annually by the
				licensee.
(G) A licensed HME services provider
		  shall possess product and professional liability insurance coverage in the
		  amount of one million dollars per occurrence, three million dollars aggregate.
		  The certificate of insurance must show that the product and professional
		  liability insurance coverage is contained in the total aggregate
		  amount.