HOUSE DOCKET, NO. 4691        FILED ON: 12/12/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Andres X. Vargas

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing the durable medical equipment board.

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PETITION OF:

HOUSE DOCKET, NO. 4691        FILED ON: 12/12/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act establishing the durable medical equipment board.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 13 of the General Laws is hereby amended by inserting after section 25A the following section:-

Section 25B. (a) There shall be established within the board of registration in pharmacy the durable medical equipment board. The governor shall appoint 7 members to the board. Members shall be residents of the commonwealth. No person who has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury shall serve as a member of the board. The board shall be comprised of at least 1 member from each of the following areas: (i) a durable medical equipment provider; (ii) a home health agency; (iii) an acute or post-acute care facility; and (iv) a pharmacy.

(b) Any person who supplies durable medical equipment to a consumer and submits a claim for reimbursement by a third party, either directly or through a contractual arrangement, shall possess a durable medical equipment supplier license issued by the board pursuant to this section.

(c) The board may issue a license to an applicant for licensure as a durable medical equipment supplier if the applicant:

(1) Submits an application in the form prescribed by the board;

(2) Maintains a physical office or place of business within the commonwealth or  within 1 of the 5 following states: Connecticut, New Hampshire, New York, Rhode Island or Vermont.

(3) Pays the license fee of $500; and

(4) Meets all safety standards and licensure requirements established by the board.

(d) Licenses issued pursuant to this section shall be effective for 36 months from the date of issuance and shall not be transferable or assignable.

(e) The board may refuse to issue or renew, or may suspend, revoke, or restrict the licenses of, or fine any person pursuant to the procedures set forth by the board in regulation.

(f) The board reserves the right to initially and periodically inspect the applicant’s or licensee’s office or place of business in the commonwealth.

(g) The board may provide for exemptions to the licensure provisions of this section.

(h) The board shall promulgate rules and regulations necessary to implement the provisions of this  section. Such rules and regulations shall be established with the intent of ensuring patient safety and quality of durable medical equipment. The board may provide by rules and regulations that any person accredited by organizations recognized by the federal Centers for Medicare and Medicaid Services is deemed to meet all or some of the requirements of this section. Further, the board may require the completion of background checks, including, but not limited to, criminal history record checks, on any applicants or licensees, on any persons who will have direct contact with patients, and on any other licensee personnel deemed necessary for purposes of patient safety.

SECTION 2. The board of durable medical equipment shall, in coordination with the executive office of health and human services promulgate regulations for licensure requirements no later than December 31, 2020. The board shall begin the process for licensure under section 1 on or before December 31, 2021.

SECTION 3. Subsection (b) of section 25B of chapter 12 of the General Laws shall take effect January 1, 2021.