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7 N.J.A.R. 254

D., M., In the Matter of
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Citation: 7 N.J.A.R. 254
Decision Date: 1981
Synopsis: The Division of Medical Assistance and Health Services denied authorization for the purchase of an air cleaner for a nine-year-old asthmatic boy based on an initial determination that an air cleaner is environmental and not medical equipment. The administrative law judge assigned to the case determined that N.J.A.C 10:54-1.8(b) provided an exception to the rule that funding was not to be supplied for environmental equipment. Under the regulation, equipment which is used to serve a medical purpose and is generally not medically useful to a person in the absence of an illness was not deemed to be environmental equipment. Finding that the air cleaner fell into that category, the administrative law judge concluded that funding for the air cleaner should be approved. Upon review of this initial decision by the Division of Medical Assistance, the decision was rejected. The agency determined that the regulations dearly prohibited payment for environmental control equipment and that the air cleaner fell into that category.
Citation Tracker rejected-Div. of Medical Ass't; reversed -179 N.J. Super. 541 (App. Div. 1981); modified-91 N.J. 1 (1982) [Updated through 1991]