Section 3999.391 - Maintenance of Durable Medical Equipment and Medical Supplies(a) Patients shall not be financially responsible for the cost to purchase medically necessary Durable Medical Equipment (DME).(b) Medical supplies are provided at Department expense and at no cost to the patient.(c) Patients may receive a temporary loan of DME when:(1) The permanent DME is not available for use (e.g., ordered and not delivered, being repaired) and an interim accommodation is required.(2) The need for DME is time-limited due to the nature of the condition requiring the need for DME (e.g., crutches during a healing fracture of the leg).(d) When the indication for temporary DME no longer exists, the DME shall be returned in good working condition with reasonable, expected wear and tear.(e) Patients shall not be required to pay for temporary DME but shall be held financially responsible for damage that is intentionally caused by the patient.(f) Receipt, refusal, or rescinding of DME and medical supplies shall be documented on a CDCR 7536, Durable Medical Equipment and Medical Supply Receipt, and a copy provided to the patient for each DME or medical supply provided.(g) If a patient refuses DME, the staff that delivers the DME shall make a referral to the requesting provider for the patient to be seen to determine and provide an appropriate interim accommodation if needed.(h) It is the joint responsibility of the Department and the patient to maintain all DME in good repair and operation.(i) Patients that have been issued DME or medical supplies shall be advised to submit a CDCR 7362, Health Care Services Request Form, or CDCR 1824, Reasonable Accommodation Request, to discuss issues regarding the DME or medical supply. (1) Department staff shall determine whether DME should be repaired or replaced.(2) The patient shall not be financially responsible for necessary repair, and replacement of DME and parts resulting from normal use of this item.(j) Repeated deliberate actions resulting in damage to the patient's DME shall be treated as a refusal of that DME.(k) Damage to DME by another incarcerated person shall be the responsibility of the incarcerated person who caused the damage.(l) The Department shall accept liability for the loss or destruction of DME resulting from employee action.Cal. Code Regs. Tit. 15, § 3999.391
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Armstrong Remedial Plan. Armstrong v. Newsom (No. C94-2307 CW), U.S. District Court, Northern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Armstrong Remedial Plan. Armstrong v. Newsom (No. C94-2307 CW), U.S. District Court, Northern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
1. New section filed 7-1-2019 as an emergency; operative 7/1/2019 (Register 2019, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-5-2019 as an emergency; operative 12/10/2019 (Register 2019, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-9-2020 as an emergency; operative 3/10/2020 (Register 2020, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL 6-8-2020 and filed 7/20/2020 (Register 2020, No. 30).
5. Change without regulatory effect amending subsection (k) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).