§ 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.