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House Bill 282

Actions | Amendments
Last Action signed by Governor (Acts ch. 73)
Title AN ACT relating to home medical equipment and services providers and making an appropriation therefor.
Bill Documents Bill
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 262
Sponsors J. Richards, S. Riggs, C. Miller, J. Short, W. Stone
Summary of Original Version Create new sections of KRS Chapter 315 to license home medical equipment and services providers under the Kentucky Board of Pharmacy; define terms; prohibit providing home medical equipment and services without a license; exempt persons engaging in a profession for which they are licensed or registered, including health care practitioners; establish other exemptions for home health agencies, hospitals, manufacturers and wholesale distributors, pharmacists and pharmacies, employees of a licensed entity, hospice programs, skilled nursing facilities, and government agencies; require that a licensed person only provide home medical equipment and services under a medical order from a licensed health care practitioner; set licensure fees for applicants for licensure not to exceed $200 annually or increase more than $25 per year; require providers to maintain adequate records of all home medical equipment and services provided and periodically report to the board as established in administrative regulation; sanction failure to report to the board or willful submission of inaccurate information as grounds for disciplinary action under KRS 315.121; direct the board to establish qualifications for applicants for licensure through promulgation of an administrative regulation; prohibit disclosure under KRS 61.878 of information provided by an applicant to any person or entity other than the board; instruct that a separate license shall be required for each location of a home medical equipment and services provider; obligate a provider to display its license at its place of business; prescribe a renewal fee not to exceed $200 or increase more than $25 per year; direct that a license is only issued for the premises and persons named in an application and shall not be transferrable; authorize the board to grant reciprocity to an out-of-state provider physically located in one of the bordering states; set penalty for providing home medical equipment and services without a license as a Class A misdemeanor with each day of violation as a separate offense; amend KRS 304.17A-005 to include home medical equipment and services provider under the definition for "health care provider" or "provider"; amend KRS 315.121 to conform and designate what unprofessional and unethical conduct includes for a provider; amend KRS 315.191 to authorize the board to oversee and administer the licensure of home medical equipment and services providers and to include on the advisory council individuals representative of the profession of providing home medical equipment and services; amend KRS 315.195 to authorize the board to collect and deposit all fees, charges, and fines, and other moneys owed into the State Treasury to the credit of the trust and agency fund used to carry and be appropriated for these purposes; direct that remaining moneys remaining in the fund shall not lapse; amend KRS 315.005, 315.125, and 315.220 conform; designate legislative purpose; name new sections of KRS Chapter 315 the "Home Medical Equipment and Services Provider Licensure Act"; APPROPRIATION.
Index Headings of Original Version Local Mandate - Home medical equipment and services, medical order of, requirement for
Health and Medical Services - Home medical equipment and services providers, licensure of
Hospitals and Nursing Homes - Home medical equipment and services provider licensure, exemptions from
Inspections - Home medical equipment and services providers, inspection, inclusion of
Insurance - Home medical equipment providers, Health care provider or provider definition, inclusion of
Insurance, Health - Home medical equipment providers, Health care provider or provider definition, inclusion of
Licensing - Home medical equipment and services providers, licensure of
Occupations and Professions - Home medical equipment and services providers, licensure of
Pharmacists - Home medical equipment and services provider licensure, exemptions from
Physicians and Practitioners - Home medical equipment and services, medical order of, requirement for
Public Health - Home medical equipment and services providers, licensure of
Sales - Home medical equipment and services providers, licensure of
Small Business - Home medical equipment and services providers, licensure of
State Agencies - Board of Pharmacy, home medical equipment and services, regulation of
Administrative Regulations and Proceedings - Home medical equipment and services providers, licensure qualifications, establishment of
Advertising - Home medical equipment and services providers, display of license, requirement for
Aged Persons and Aging - Home medical equipment and services providers, licensure of
Appropriations - Home medical equipment and services providers, regulation of
Corporations - Home medical equipment and services providers, licensure of
Crimes and Punishments - Home medical equipment services licensure, penalty for violation of
Disabilities and the Disabled - Home medical equipment and services providers, licensure of
Corrections Impact - Board of Pharmacy, home medical equipment and services, regulation of
Proposed Amendments House Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
01/19/12
  • introduced in House
01/20/12
  • to Licensing & Occupations (H)
01/25/12
  • reassigned to Banking & Insurance (H)
01/31/12
  • posted in committee
02/15/12
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/16/12
  • 2nd reading, to Rules
02/22/12
  • posted for passage in the Regular Orders of the Day for Thursday, February 23, 2012
02/23/12
  • 3rd reading, passed 93-3 with Committee Substitute
02/24/12
  • received in Senate
02/28/12
  • to Licensing, Occupations, & Administrative Regulations (S)
03/20/12
  • reported favorably, 1st reading, to Consent Calendar
03/21/12
  • 2nd reading, to Rules
03/27/12
  • posted for passage in the Consent Orders of the Day for Tuesday, March 27, 2012
  • 3rd reading, passed 36-1
03/28/12
  • received in House
  • enrolled, signed by Speaker of the House
03/30/12
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/11/12
  • signed by Governor (Acts ch. 73)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Retain original provisions, except include under the definition of "providing home medical equipment and services" related equipment and supplies and mobility enhancing equipment; mandate that equipment services shall be funded through a third party payor; authorize persons licensed to provide services only if medical equipment carries a legend or requires an order; authorize the board to charge $200 for a license or renewal initially per year that is not to increase more than $25 per year up to a maximum of $400 rather than having the fee capped at $200.
Index Headings Local Mandate - Home medical equipment and services, medical order of, requirement for
Health and Medical Services - Home medical equipment and services providers, licensure of
Hospitals and Nursing Homes - Home medical equipment and services provider licensure, exemptions from
Inspections - Home medical equipment and services providers, inspection, inclusion of
Insurance - Home medical equipment providers, Health care provider or provider definition, inclusion of
Insurance, Health - Home medical equipment providers, Health care provider or provider definition, inclusion of
Licensing - Home medical equipment and services providers, licensure of
Occupations and Professions - Home medical equipment and services providers, licensure of
Pharmacists - Home medical equipment and services provider licensure, exemptions from
Physicians and Practitioners - Home medical equipment and services, medical order of, requirement for
Public Health - Home medical equipment and services providers, licensure of
Sales - Home medical equipment and services providers, licensure of
Small Business - Home medical equipment and services providers, licensure of
State Agencies - Board of Pharmacy, home medical equipment and services, regulation of
Administrative Regulations and Proceedings - Home medical equipment and services providers, licensure qualifications, establishment of
Advertising - Home medical equipment and services providers, display of license, requirement for
Aged Persons and Aging - Home medical equipment and services providers, licensure of
Appropriations - Home medical equipment and services providers, regulation of
Corporations - Home medical equipment and services providers, licensure of
Crimes and Punishments - Home medical equipment services licensure, penalty for violation of
Disabilities and the Disabled - Home medical equipment and services providers, licensure of
Corrections Impact - Board of Pharmacy, home medical equipment and services, regulation of

Last updated: 8/27/2019 8:05 PM (EDT)