(1) As used in this section:
(a) "Durable medical equipment supplier" means a person or entity that:
Currently bills or plans to bill the medicare program for services or products listed inthe 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
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:
A person or entity that supplies or provides insulin infusion pumps and related supplies or services;
A person or entity that supplies or provides products that are part of medicare's national mail order program;
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;
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
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:
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.
The applicant has sufficient inventory and staff to service or repair products; and
The applicant is accredited by an accrediting organization recognized and acceptedby the federal centers for medicare and medicaid services;
Provide to the secretary of state a street address and a local business telephone number; and
Pay an annual fee established by the secretary of state, not to exceed five hundreddollars.
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.
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.
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.
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.
Cross references: For the legislative declaration in HB 14-1369, see section 1 of chapter 256, Session Laws of Colorado 2014.