California § 109948.1

§ 109948.1.

(a) “Home medical device services” means the delivery, installation, maintenance, replacement of, or instruction in the use of, home medical devices used by a sick or disabled individual to allow the individual to be maintained in a residence. (b) “Home medical device” means a device intended for use in a home care setting including, but not limited to, all of the following: (1) Oxygen delivery systems and prefilled cylinders. (2) Ventilators. (3) Continuous Positive Airway Pressure devices (CPAP). (4) Respiratory disease management devices. (5) Hospital beds and commodes. (6) Electronic and computer driven wheelchairs and seating systems. (7) Apnea monitors. (8) Low air loss continuous pressure management devices. (9) Transcutaneous Electrical Nerve Stimulator (TENS) units. (10) Prescription devices. (11) Disposable medical supplies including, but not limited to, incontinence supplies as defined in Section 14125.1 of the Welfare and Institutions Code. (12) In vitro diagnostic tests. (13) Any other similar device as defined in regulations adopted by the department. (c) The term “home medical device” does not include any of the following: (1) Devices used or dispensed in the normal course of treating patients by hospitals and nursing facilities, other than devices delivered or dispensed by a separate unit or subsidiary corporation of a hospital or nursing facility or agency that is in the business of delivering home medical devices to an individual’s residence. (2) Prosthetics and orthotics. (3) Automated external defibrillators (AEDs). (4) Devices provided through a physician’s office incident to a physician’s service. (5) Devices provided by a licensed pharmacist that are used to administer drugs that can be dispensed only by a licensed pharmacist. (6) Enteral and parenteral devices provided by a licensed pharmacist.