291-124-0086 Provision of Specified Elective Durable Medical Equipment at State Expense (1) Notwithstanding 291-124-0085, Health Services may provide certain elective durable medical equipment described in this rule, and repairs, replacement, and supplies for that durable equipment, at state expense. The authorization and provision of durable medical equipment under this rule is subject to TLC Committee review and approval as provided under OAR 291-124-0041. (2) Medical prostheses: Health Services may authorize and provide a medical prosthesis, which is defined as an artificial device to replace or augment a missing or impaired part of the body, at state expense, when the medical prosthesis is clinically indicated because of a substantial functional deficit, or when there is a demonstrable and substantial inability to perform activities of daily living (ADL). A recommendation to provide a medical prosthesis will be based upon the AIC’s ability to function in the correctional environment with or without a proposed medical prosthesis. (a) Restriction or confiscation of a medical prosthesis for any non-emergent reason (other than a medical reason) should occur with prior consultation with Health Services when practicable. Any restriction or confiscation for any emergent reason should occur with prior consultation with Health Services, when practicable, or as soon as practicable in the event that prior consultation, as soon as practicable. The functional unit responsible for restriction or confiscation of a medical prosthesis shall notify the institution or statewide ADA coordinator regarding the restriction or confiscation as soon as practicable. (b) The frequency of monitoring of prostheses will be determined by Health Services, and upon request, by security. Monitoring shall include review for any alterations, natural wear, destruction, or disrepair. (c) Health Services may authorize and provide the repair or replacement of a medical prosthesis provided under this rule, as clinically indicated and appropriate. (d) Health Services may decline to provide a medical prosthesis, repair, or replacement under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted), or destroys any previously issued or approved medical prosthesis. (3) Hearing aids: Health Services may authorize and provide, at state expense, a monoaural hearing aid or binaural hearing aids, following the criteria provided under ORS 291-124-0041 and 291-124-0085. (a) Health Services may authorize and provide the repair or replacement of a hearing aid provided under this rule, as clinically indicated and appropriate. (b) Health Services may authorize and provide for replacement batteries at state expense and at no cost to the AIC, on a schedule that is consistent with ordinary use of the hearing aid. (c) Health Services may decline to provide a hearing aid, repair, replacement, or battery under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted), or destroys another previously issued or approved hearing aid or hearing aid battery. (4) Eyeglasses: Health Services may authorize and provide eyeglasses as provided in OAR 291-124-0041 and 291-124-0085. (a) Health Services may authorize and provide one pair of eyeglasses, at state expense, once every two years. An AIC may purchase additional eyeglasses as provided in OAR 291-124-0085. (b) All repair and maintenance of eyeglasses provided under this rule shall remain the responsibility of the AIC. (5) Durable medical equipment subject to this rule is limited to: (a) A medical prosthesis; or (b) A monoaural or binaural hearing aid; or (c) Eyeglasses. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 5-2023, adopt filed 03/10/2023, effective 03/10/2023 DOC 10-2022, temporary adopt filed 10/26/2022, effective 10/26/2022 through 04/23/2023