Ala. Admin. Code r. 473-X-3-.02

Current through Register Vol. 42, No. 12, September 30, 2024

Section 473-X-3-.02 - In-State Location Requirements

(1) On March 11, 2014, Governor Bentley signed Alabama Act 2014-172 (the "Act") into law, which amended Code of Ala. 1975, § 34-14C-4(a) (as amended) to require each provider of home medical equipment services with a principal place of business outside the state of Alabama, not otherwise exempted from licensure pursuant to Code of Ala. 1975, § 34-14C-5, to maintain at least one physical location within the state, each of which must be licensed by the Board of Home Medical Equipment. By its terms, the Act became effective on June 1, 2014. Previous to the passage of the Act, out of state home medical equipment services providers were not required to maintain a physical location within the state, but were only required to provide a physical location meeting the requirements of Rule 473-X-4-.01, and be subject to inspection by the Board.

A provider of home medical equipment that has a principal place of business outside this state and has established a licensed, instate location may provide home medical equipment and services to its Alabama customers through any corporate branch or location, including an out of state location that is not otherwise eligible for an exemption from licensure pursuant to Code of Ala. 1975, § 34-14C-5, as permitted under the CMS DMEPOS Supplier Standards and applicable regulations. For purposes of this rule, a corporate branch or location does not include a corporate subsidiary or affiliate that would itself require a license from this Board; the branch or location should be a provider of home medical equipment services that is duly licensed in accordance with applicable law in the state in which it is located. The ownership of the provider's licensed instate location, as defined in Rule 473-X-3-.01(7)(h), will be responsible to the Board for any equipment or services provided to the customer by any other corporate branch or location

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 12/24/2014.

Author: The Alabama Board of Home Medical Equipment

Statutory Authority:Code of Ala. 1975, §34-14C1 thru §34-14C8, Act #2000-739, HB 419 of the 2000 Regular Session.