Applying and renewing

Q1. What is a "durable medical equipment supplier"?

A1. A "durable medical equipment supplier" means a person or entity that either:

• Currently bills or plans to bill the Medicare program for services or products listed in the Centers for Medicare and Medicaid Durable Medical Equipment, Prosthetics, Orthotics, and Supplies competitive bid product categories in the state of Colorado; or
• Intends to bid for services or products listed in the Centers for Medicare and Medicaid Durable Medical Equipment, Prosthetics, Orthotics, and Supplies competitive bid product categories in the state of Colorado in the current calendar year.

Q2. Who must get licensed as a durable medical equipment supplier in Colorado?

A2. Effective December 31, 2014, a durable medical equipment supplier doing business in the state of Colorado must obtain a license. A supplier must prominently display its license at each of its physical business locations.

For more information, see section 24-21-115(1) - (2), and (4), C.R.S.

Q3: Are there any exemptions from having to be licensed?

A3. If you are one of the following, you don’t need a Colorado Durable Medical Equipment license:

• A person or entity that supplies or provides insulin infusion pumps and related supplies or services.
• A person or entity that supplies or provides products that are part of Medicare’s National Mail Order Program.
• A pharmacy located in Colorado with a current pharmacy accreditation exemption that:

1. Is accepted and recognized by the National Supplier Clearinghouse; and
2. Enables the pharmacy to be enrolled in Medicare to supply durable medical equipment without having accreditation.

• A practitioner identified in 42 U.S.C. § 1395u(18)(c) or a physician if supplying or providing durable medical equipment to his or her patients as part of his or her own services.
• A person or entity that supplies or provides devices directly to a practitioner identified in 42 U.S.C. § 1395u(18)(c) or to a physician that require a prescription for dispensing to the patient as part of his or her own services. The devices may either be mailed to the practitioner or the physician or mailed directly to the patient.

For more information, see section 24-21-115(1) (a) and (b), C.R.S.

In 2015, the General Assembly passed HB 15-1211 which amended section 24-21-115, C.R.S. The amendments changed the definition of ““durable medical equipment supplier” and made other changes. The DME FAQs reflect these changes.

Q4. My business provides durable medical equipment to Colorado residents. But my business does not plan to bid with the federal government as part of the federal Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program. Does my business need to be licensed as a “durable medical equipment supplier” in Colorado?

A4. Licensing may still be required even if the business is not bidding or planning to bid as part of the federal DMEPOS Competitive Bidding Program. The business must be licensed if it bills or plans to bill Medicare for either programs or services listed in the Centers for Medicare and Medicaid DMEPOS competitive bid categories. For more information about the listed products and services, contact the Centers for Medicare and Medicaid Services.

Q5. Why must a durable medical equipment supplier be licensed in Colorado?

A5. In 2014, the Colorado General Assembly found that the interests of Colorado residents were being jeopardized by out-of-state suppliers lacking a Colorado physical location, Colorado employees, and available inventory. The General Assembly determined that requiring licensing was in the best interests of state residents to ensure sufficient access to durable medical equipment.

For more information, see HB 14-1369.

Q6. How does a person or entity get licensed as a durable medical equipment supplier in Colorado?

A6. Print the affidavit (PDF) form to sign in the presence of a notary public.

Apply online and attach a scanned copy of the signed and notarized affidavit form.

The application, including the affidavit, must be executed and submitted by an individual authorized to file the documents on behalf of the supplier.

The filing fee can be paid online by credit or debit card.

See the fee schedule.

Q7. If a supplier is in the process of accreditation, but not fully accredited, can it apply for a DME license without filling out the affidavit?

A7. No. The affidavit is statutorily required as part of the application process. The affidavit requires the supplier to aver to the following statement: “Applicant is accredited by an accrediting organization recognized and accepted by the Federal Centers for Medicare and Medicaid Services.”

The Colorado Department of State interprets “accredited” as including “being in the process of being accredited with full accreditation expected as evidenced by a letter from the accrediting organization.” If the supplier is in the process of accreditation, it must provide a letter from the accrediting organization to dme@coloradosos.gov and wait to be contacted by our office, before it may apply for a DME license.

Q8. Is the individual who completes and files documents for a supplier the same "person or entity" as the durable medical equipment supplier?

A8. Not necessarily. The supplier is the person or business entity applying for the durable medical equipment supplier license. Unless the supplier is a sole proprietor, that individual and the supplier will not be the same person. If the supplier is an entity, the individual who completes and files the application, including the affidavit, must be authorized to do so by the supplier.

The person filing the forms must ensure that he or she inserts the appropriate legal names in the application and affidavit forms. For example, in the affidavit form, unless the supplier is a sole proprietor, the term "Applicant" refers to the supplier and not to the individual authorized to sign and file the documents on behalf of the supplier.

Q9. How long does it take for an application to be processed?

A9. An application should be processed within three to five business days.

Q10. How long does an applicant have to fix the problem if its application is rejected?

A10. The application must be corrected and approved within 60 days of payment, or the applicant will be required to start over and pay again.

Q11. When will an applicant be able to print a license for display?

A11. An applicant will be able to print its license after receiving an email that our office has approved its application. A supplier will be able to log in to its online account to print one or more copies of its license. An entity may make a copy of the license for each of its locations.

The effective date of the license is the date that the office approves the application and issues the license, not the date that the applicant files the application with the office. The office electronically stamps the date of filing on an application.

A supplier must prominently display its license at each of its physical business locations.

Q12. How does a supplier renew its durable medical equipment supplier license?

A12. Renewal is on an annual basis. A supplier can renew online up to 60 days before its license will expire. A renewal will be processed in the same manner as the initial application.

Renew online by:

• Logging in to the existing account using your supplier ID and clicking "Renew".
  • If needed, the filer can change existing information by clicking "Edit profile."
• Uploading a new notarized affidavit (PDF)
• Submitting the required licensing fee, which can be paid online by credit or debit card.

See the fee schedule.

The supplier ID is your initial identification number and will act as your login ID/User ID. This number doesn’t change and will be listed on your Summary page. Your license number applies to the current year that you’re licensed – this will be updated after your renewal is approved and shows on your new license.

The application, including the affidavit, must be executed and submitted by an individual authorized to file the documents on behalf of the supplier. A supplier must ensure that it keeps its email address current.

Q13. What if a supplier’s license has expired but the supplier wants to continue doing business in Colorado?

A13. A supplier will be able to renew its license even if the current license has already expired. The license’s effective date will be the date that the renewal application is approved.