www.revenue.state.mn.us Durable Medical Equipment 117B Sales Tax Fact Sheet This fact sheet describes the definition of durable medical equipment and provides a summary of how Minnesota sales and use tax applies to this equipment. What’s New in 2015 This was updated to clarify that all drugs and medical devices covered by Medicare and Medicaid are exempt from sales tax effective Jan. 1, 2013. Generally, durable medical equipment is taxable unless sold for home use, in which case it’s exempt. Starting July 1, 2013, durable medical equipment is also exempt if it’s covered by Medicare or Medicaid regardless of whether it is paid for by an individual, Medicare, Medicaid or a private insurer. This applies even if the equipment is not sold for home use. As a result, it is important to determine if durable medical equipment is sold for home use only when it’s not covered by Medicare or Medicaid. Accessories and supplies are taxable if they are not: required for the effective use of durable medical equipment (for home use); or covered by Medicare or Medicaid For information on how sales and use tax applies to drugs and other health care products refer to the sales tax fact sheets listed below: Drugs, 117A Mobility Enhancing Equipment, 117C Prosthetic Devices, 117D Health Product Exemptions, 117E Grooming and Hygiene Products, 117F Sales and Use Tax Division – Mail Station 6330 – St. Paul, MN 55146-6330 Phone: 651-296-6181 or 1-800-657-3777 Email: salesuse.tax@state.mn.us Stock No. 2800117B, Revised September 2015 Durable medical equipment “Durable medical equipment” means equipment, including repair and replacement parts, but not including mobility enhancing equipment, that: can withstand repeated use; and is primarily and customarily used to serve a medical purpose; and generally is not useful to a person in the absence of illness or injury; and is not worn in or on the body. See page two for the definition and information on repair and replacement parts for durable medical equipment. Refer to Fact Sheet 117C for detailed information on mobility enhancing equipment. Durable medical equipment is a broad category that includes all reusable medical and surgical equipment, including diagnostic equipment that is not mobility enhancing equipment and does not qualify as a prosthetic device because it is not worn in or on the body. Home use. “Home use” means that the equipment is sold to an individual for use at home, regardless of where the individual resides. This includes sales to individuals who are residents of facilities such as nursing homes, assisted care centers, or school dormitories. Durable medical equipment is exempt when sold for home use. No exemption certificate is required to purchase the equipment tax-free. Note: As stated above, there also is a sales tax exemption when their purchase is covered by Medicare or Medicaid — regardless of whether for home use or not. Non-home use. “Non-home use” means the equipment is sold to a facility such as a hospital, nursing home, medical clinic, dental office, chiropractor or optician office. The fact that a nursing home may use the equipment only for its residents does not make the equipment exempt for home use. This fact sheet is intended to help you become more familiar with Minnesota tax laws and your rights and responsibilities under the laws. Nothing in this fact sheet supersedes, alters, or otherwise changes any provisions of the tax law, administrative rules, court decisions, or revenue notices. Alternative formats available upon request. Minnesota Revenue, Durable Medical Equipment These sales are taxable unless another exemption applies. For example, a medical clinic generally must pay tax on durable medical equipment. But hospitals and nursing homes owned by qualified nonprofits and local governments can purchase durable medical equipment tax-free because these institutions are exempt under another provision of the law. Purchases that are paid for or reimbursed by Medicare or Medicaid are always exempt, even if not for home use. The buyer must provide an exemption certificate to the seller to support the claimed exemption. For more information, see Fact Sheet 172, Health Care Facilities. Insurance reimbursements. Effective July 1, 2013, the purchase of durable medical equipment covered by Medicare and Medicaid are exempt from sales tax. This includes such purchases by private insurance companies when they are administering Medicare, such as under a Medicare Advantage plan. Prior to July 1, 2013, these purchases were taxable unless they were for home use or otherwise exempt from Minnesota sales and use tax. Medical purpose. In the definition of “durable medical equipment,” a “medical purpose” means that the equipment is used for the diagnosis, treatment, or cure of disease, illness or injury. Prescriptions. A prescription issued by a medical professional does not make an item that would otherwise be taxable exempt. For example, a doctor may write a prescription for an exercise bike for a patient. Since exercise bikes are not exempt from sales tax, the sale is taxable. infra-red lamps and bulbs for heat therapy intra-aortic balloon pump intravenous stands IV therapy arm boards kinetic therapy tables lambs wool pads laser equipment lithotripters mammography equipment medical atomizers medical instruments Examples of durable medical equipment. The following items, when they can withstand repeated use, are examples of durable medical equipment. (Items that cannot withstand repeated use do not meet the definition of durable medical equipment.) Sales of these items for non-home use are taxable unless they are otherwise exempt and a fully completed exemption certificate is provided. For example, their purchase for non-home use is exempt if covered by Medicare or Medicaid, as explained above. alternating pressure pads and Kodel pads (eliminate bed sores) anesthesia equipment anti-thrombolytic pumps apnea monitors aqua K pump and pads aspirators (suction pumps) audiology equipment bed pans, commodes, urinals billie lights (used for yel- low jaundice) blanket cradles blood glucose monitoring machines blood pressure machines and cuffs cardiology equipment cauterization equipment cofflator crash carts dialyzers defibrillators drug infusion pumps examination tables forceps heat lamps heating pads, hot water bottles (reusable) hospital beds and mat tresses hot and cold packs (reus- able) incubators and isolettes injection guns for drug delivery medical monitoring equipment mini dopplers (measures blood flow & rate) nebulizers nerve stimulator programmers ophthalmoscopes ostomy irrigation sets otoscopes over the bed tray tables oxygen concentrators and regulators pacemaker programmers and transmitters patient positioners percussors pillows (abduction, cervical, orthotic) platelet separator radiology equipment respirators and respiratory bags respiratory humidifiers (connect to oxygen equipment) resuscitators scales (chair and sling) speech aids (hand held) stethoscopes stirrups stretchers suction machines and regulators surgical equipment surgical tables thermometers (oral, rectal, ear, etc.) tourniquets (pneumatic and non-pneumatic) traction equipment transfusion equipment ultrasound equipment ventilators wheelchair cushions (brace or support) whirlpools (portable overthe-tub only) X-ray equipment Kidney dialysis equipment Effective March 8, 2008, kidney dialysis equipment and repair or replacement parts for the equipment are exempt from sales tax, whether sold for home use or nonhome use. “Kidney dialysis equipment” means equipment that is used to remove waste products that build up in the blood when the kidneys cannot do so on their own. The equipment must be able to withstand repeated use. Equipment used multiple times by or for the same patient is included in the exemption. 2 Minnesota Revenue, Durable Medical Equipment Repair and replacement parts for durable medical equipment Equipment that is not durable medical equipment Examples of items that are not durable medical equipment include: “Repair and replacement parts” for durable medical equipment includes all components or attachments used in conjunction with the equipment. Repair and replacement parts for home use are exempt from sales or use tax. Beginning July 1, 2013, the exemption also applies to items which are single-patient use. (Prior to July 1, 2013, the exemption did not include items for single-patient use.) Example. A person purchases a feeding system for use at home. The system includes a pump, IV stand, feeding bags, tubes, catheters or other items used to provide nutrition to the person. The pump and IV stand are exempt as durable medical equipment for home use. Starting July 1, 2013, the single-patient use items – such as the feeding bags, tubes and catheters – are also exempt. Durable medical equipment or prosthetic devices Certain items may be either prosthetic devices or durable medical equipment, depending if the item is – or is not – worn in or on the body. This distinction matters: Durable medical equipment is taxable unless it’s for home use or covered by Medicare or Medicaid. But prosthetic devices are always exempt from sales tax. Be sure to see these fact sheets: 117A, Drugs 117C, Mobility Enhancing Equipment 117D, Prosthetic Devices 117E, Health Product Exemptions 117F, Grooming and Hygiene Products 151, Chiropractors 172, Health Care Facilities The following items are exempt as prosthetic devices if they are “worn in or on the body”: needles* pillows not specifically designed for medical purposes safety equipment such as goggles and shields sitz baths spas not specifically manufactured for medical purposes specimen containers syringes* telephone alert systems visually impaired equipment and supplies waterproof sheeting References M.S. 297A.67, subd. 7, Drugs; Medical Devices Revenue Notice 05-12, Exemption for Durable Medical Equipment; Definition of “Home Use” and “Medical Purpose” Items that are attached to the body are durable medical equipment (and not prosthetic devices), if they remain stationary or are placed on a pole, cart or other device that makes them portable. For more information, see Sales Tax Fact Sheet 117D, Prosthetic Devices. Brand names are shown for illustration purposes only and do not imply sole representation in any category. A prosthetic device is one that is worn in or on the body. “Worn in or on the body” means the item is implanted or attached so it becomes part of the body, or is carried by the body and does not hinder the user’s mobility. bone growth stimulators defibrillator and leads electronic nerve and muscle stimulators incontinence control devices *Needles and syringes are not included in the definition of durable medical equipment. Reusable and disposable needles and syringes are taxable, even for home use, unless they are covered by Medicare or Medicaid or some other exemption applies. For example, they may qualify for exemption as a medical supply when purchased by a licensed health care facility or health care professional. For more information, see to Fact Sheet 172, Health Care Facilities. Accessories and supplies. Accessories and supplies required for the effective use of durable medical equipment are exempt when purchased for home use. They are also exempt if covered by Medicare or Medicaid. air purifiers air conditioners, dehumidifiers and humidifiers blankets and sheets closed caption devices cubicle curtains disposable or single use instruments or equipment eating utensils including adjustable utensils exercise equipment hot and cold packs (disposable) massagers, massage appliances and furniture Other fact sheets you may need: infusion pumps programmable drug infusion devices speech generating devices TENS devices (nerve stimulators) 142, Sales to Government 146, Use Tax for Businesses 164, Local Sales and Use Taxes 3 Minnesota Revenue, Durable Medical Equipment