Rule 480-7B-.02 - DME Supplier Licensing Requirements(1) Licensing requirement. A person or entity located in the State of Georgia that provides durable medical equipment to a consumer and submits a claim for reimbursement by a third party, either directly or through a contractual arrangement, and any Medicare enrolled out-of-state DME manufacture or wholesale distributor that provides durable medical equipment to consumers in this state and who holds a valid license from another state must hold a license issued by the Board. Licensure as a DME supplier will be considered on the basis of the completion of a Board approved application filed with the Board, payment of a fee, a report from GDNA certifying that the applicant possesses the necessary qualifications for licensure including meeting all safety standards and requirements established by the Board, satisfactory licensure status in other states, and if located in the State of Georgia, maintenance of an office or place of business in the State of Georgia. When reviewing an application, the Board may determine that a person or entity accredited by an organization recognized by the federal Centers for Medicare and Medicaid Services has met all or some of the requirements for licensure.(2) Applications for Licensure as a DME Supplier. (a) The Board requires the following information from each DME supplier as part of the initial licensing procedure: 1. The name, full business address, and telephone number of the applicant;2. All trade of business names used by the applicant;3. Address, telephone number(s), and the name(s) of the proposed designated representative(s) for the facility and evidence showing the qualifications of the proposed designated representative(s) to serve;4. The type of ownership or operations (i.e., partnership, corporation, or sole proprietorship);5. The name(s) of the owner and/or operator of the applicant, including: (i) If a person, the name of the person;(ii) If a partnership, the name of each partner and the name of the partnership;(iii) If a corporation, the name and title of each corporate officer and director, the corporate names, the name of the incorporation, and the name of the parent company, if any;(iv) If a sole proprietorship, the full name of the sole proprietorship and the name of the business entity; and6. If located out of state, proof of a valid, unexpired license to operate as a DME supplier in the compliance with the laws and rules of the other state;(b) Application fees and renewal fees shall be set by the Board in a fee schedule and shall not be refundable.(c) Applications are only valid for one year.(3) Denial of Applications for Licensure. Applications for licensure may be denied for failure to meet the minimum qualifications for a license, failure to comply with the laws or regulations of this State, the United States or any other state having to do with DME suppliers, making false representations on an application, failure to meet the safety standards established by the Board, or for any other grounds set forth in O.C.G.A. §§ 26-4-60 and 43-1-19. The denial of an application for licensure shall not be considered a contested case under the provisions of O.C.G.A. T. 50, Ch. 13, but the applicant shall be entitled to an appearance before the Board.
(4) Term of License. Licenses are issued for thirty-six months, expire on June 30th of every third year, and may be renewed for three years upon the payment of the required fee for each place of business and the filing of a completed application for renewal. If the application for renewal is not made and the fee not paid before September 1st of the third year, the license shall lapse and shall not be renewed, and an application for reinstatement shall be required. Reinstatement is at the sole discretion of the Board.
(5) Licenses are Location Specific and Non-Transferable. The Board shall be notified prior to the occurrence of any change to any of the information required by Rule 480-7B-.02(2)(a) to be submitted to the Board as part of an initial application for DME licensure or as part of an application for DME licensure renewal, this obligation shall be continuous and ongoing throughout the period of licensure. Where operations are conducted at more than one licensed place of business by a DME supplier, each place of business shall be licensed by the Board, and each place of business requires a separate application for licensure. If a licensed business moves locations, the license does not transfer to the new location and a new application is required.
(6) Exemption from Licensure Requirement. (a) The following persons and entities are not required to obtain a DME supplier license from the Board, unless such person or entity has a separate company, corporation, or division that is in the business of supplying durable medical equipment to consumers and submits a claim for reimbursement by a third party: 1. Pharmacies and pharmacists.3. Ambulatory surgical centers.4. Health care facilities owned or operated by the state or federal government.5. Skilled nursing facilities.6. Assisted living facilities.7. Health care practitioners who: (i) Provide durable medical equipment within the scope of practice of the health care practitioner's profession; and(ii) Are licensed in the State of Georgia to practice the health care practitioner's profession.8. Suppliers of insulin pumps and related supplies or services;9. Manufacturers or wholesale distributors that do not sell or rent durable medical equipment directly to consumers;10. Renal dialysis providers licensed under O.C.G.A. § 31-44-4 and persons or entities that distribute devices necessary to perform home renal dialysis to patients with chronic kidney disease; and11. Suppliers of osteogenesis stimulators, transcutaneous electrical nerve stimulators, pneumatic compression devices, and related supplies or services.(b) Facilities that meet the criteria established in O.C.G.A. Section 26-4-6 are not required to be licensed as DME Suppliers.Ga. Comp. R. & Regs. R. 480-7B-.02
O.C.G.A. §§ 26-4-5, 26-4-6, 26-4-27, 26-4-28, 26-4-51, 26-4-60, 43-1-19, 50-36-1, 50-36-2.
Original Rule entitled "DME Supplier Licensing Requirements" adopted. F. Mar. 21, 2018; eff. Apr. 10, 2018.Amended: F. July 24, 2024; eff. Aug. 13, 2024.