§ 3655. Medical equipment service agency advisory board. 1. There is hereby created in the department a medical equipment service advisory board to consist of the commissioner or his or her designee as an ex-officio member, and eight other members appointed by the commissioner. The members shall include four representatives of the home medical equipment service industry and/or home medical equipment service providers, a rehabilitation technology specialist, a respiratory therapist, a physician, and a representative of the public. The commissioner shall designate one member to serve as chair.

Terms Used In N.Y. Public Health Law 3655

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Board: shall mean the medical equipment service agency advisory board created by section thirty-six hundred fifty-five of this article. See N.Y. Public Health Law 3650
  • Home medical equipment: shall mean technologically sophisticated medical devices which are used in a home care setting, including but not limited to:

    (a) Oxygen and oxygen delivery systems;

    (b) Ventilation and aspiration devices;

    (c) Respiratory disease management services;

    (d) Electronic and computer driven wheelchairs and seating systems;

    (e) Monitoring devices;

    (f) Transcutaneous electrical nerve simulator (tens) units;

    (g) Low air loss cutaneous pressure management devices;

    (h) Sequential compression devices;

    (i) Obstructive sleep apnea treatment devices; and

    (j) Feeding pumps. See N.Y. Public Health Law 3650
  • Home medical equipment services: shall mean the delivery, provision, installation, maintenance and replacement of, or instruction in the use of medical equipment used by an individual requiring such services in their place of residence. See N.Y. Public Health Law 3650
  • Medical equipment service agency: means any person engaged in the business of providing home medical equipment services, whether directly or through a contractual arrangement, to an individual at their place of residence. See N.Y. Public Health Law 3650

2. The term of office of each member shall be for three years, provided however, that of the members first appointed, three shall be appointed for terms which expire December thirty-first, two thousand three, two shall be appointed for terms which expire December thirty-first, two thousand four, and three shall be appointed for terms which expire December thirty-first, two thousand five. Vacancies shall be filled by appointment for the unexpired term. The members shall continue in office until the expiration of their terms and until their successors are appointed. A member may be dismissed by the commissioner for cause, or for repeated absence.

3. The board shall meet as frequently as its business shall require, in no case less than on a semi-annual basis. The members of the board shall receive no compensation for their services as members of the board, but shall be reimbursed for necessary and actual expenses incurred in the performance of his or her duties.

4. The commissioner, upon request of the board, may designate an employee of the department to assist the board in carrying out its responsibilities.

5. The board, upon an affirmative vote of a majority of its members, may make recommendations to the commissioner regarding the adoption, amendment and/or repeal of any rules, regulations, standards and policies regarding the provision of home medical equipment services.

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