NOTE: The governor signed this measure on 5/22/2014.
      
      
      HOUSE BILL 14-1369
      
      
      BY REPRESENTATIVE(S) Young, Pabon, Ginal, Hullinghorst,
      Kraft-Tharp, Labuda, Melton, Mitsch Bush, Rosenthal, Ryden, Schafer,
      Tyler, Vigil;
      also SENATOR(S) Crowder and Jahn, Newell, Tochtrop.
      
      
      Concerning required licensure for durable medical equipment
           suppliers, and, in connection therewith, making an
           appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby finds and declares that:
      
           (a)  It is in the best interests of the residents of Colorado who are in
      need of durable medical equipment to have ample and uncomplicated
      access to equipment within a reasonable distance from their homes.
      
           (b)  Access to vital durable medical equipment is being jeopardized
      by suppliers outside the borders of Colorado that win contracts but do not
      have a physical location in Colorado, do not have inventory available, and
      do not have Colorado employees to run the businesses.
      
           (2)  Therefore, it is the intent of the general assembly to require
      licensure of durable medical equipment suppliers that participate in centers
      for medicare and medicaid service programs so that the residents of
      Colorado have access to the services and products they need. It is not the
      intent of the general assembly to set up a barrier to trade in the durable
      medical equipment industry by licensing these suppliers, but it is the intent
      to recognize that licensure is for the safety and welfare of a vulnerable
      population.
      
           SECTION 2.  In Colorado Revised Statutes, add 24-21-115 as
      follows:
      
           24-21-115.  Durable medical equipment supplier license -
      definition - rules. (1)  As used in this section, "durable medical
      equipment supplier" means a person or entity that delivers
      disposable medical supplies or durable medical equipment
      products directly to a recipient and that currently bills or plans
      to bill the medicare program for services or products in the
      current calendar year. "Durable medical equipment supplier"
      does not include a supplier of insulin infusion pumps and related
      supplies or services.
      
           (2)  In order to do business in Colorado, a durable medical
      equipment supplier must be licensed by the secretary of state.
      
           (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:
      
           (I)  The applicant has one or more physical locations within
      the state or within fifty miles of the border of the state;
      
           (II)  The applicant has sufficient inventory and staff to
      service or repair products; and
      
           (III)  The applicant is accredited by an accrediting
      organization recognized and accepted by the federal centers for
      medicare and medicaid services;
      
           (c)  Provide to the secretary of state a street address and
      a local business telephone number; and
      
           (d)  Pay an annual fee established by the secretary of state,
      not to exceed five hundred dollars.
      
           (4)  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.
      
           (5)  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.
      
           (6)  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.
      
           SECTION 3.  Appropriation. (1)  In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      department of state cash fund created in section 24-21-104 (3) (b),
      Colorado Revised Statutes, not otherwise appropriated, to the department
      of state, for the fiscal year beginning July 1, 2014, the sum of $95,775 and
      0.1 FTE, or so much thereof as may be necessary, to be allocated for the
      implementation of this act as follows:
      
           (a)  $5,135 and 0.1 FTE to the business and licensing division for
      personal services; and
      
           (b)  $90,640 to information technology services for information
      technology costs.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO