N.J. Admin. Code § 10:64-2.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:64-2.4 - Provider's responsibilities

(a) When the hearing aid is dispensed the provider shall:

1. Guarantee that all instruments and earmolds provided conform to the prescription as set forth in Form FD-36, Section C, Audiologic and Hearing Aid Examinations and fit comfortably and adequately to the extent that the beneficiary's condition permits;

2. Assume liability for material defects and unconditionally guarantee material and workmanship for one year from date of delivery for a new hearing aid, except that:

i. Cords and bone-conduction receivers shall be excluded from this liability; and

ii. The provider shall not be responsible for damage to an aid due to accident, misuse or alteration;

3. Provide appropriate repair services for a period of at least one year after delivery of the aid, including a loaner instrument of comparable performance in good working order;

4. Provide appropriate maintenance services for a period of at least one year after delivery of the aid, which shall include:

i. Cleaning of the earmold;

ii. Replacing tubing;

iii. Cleaning contacts; and

iv. Spraying for volume wheel noise;

5. Accept return of an instrument or part thereof within 30 days of delivery to the beneficiary when the audiologist, otologist, or Medicaid/NJ FamilyCare staff member, after the follow-up visit, determines that the instrument does not conform to the prescription, does not fit properly, is not of acceptable quality and comfort consistent with the condition of the beneficiary, or has failed to produce the benefit anticipated during the nursing facility hearing aid screening or the hearing aid examination, as follows:

i. If it is found that material or workmanship are defective, then the provider shall be allowed a reasonable opportunity to make such adjustments, corrections or replacement that may be necessary to allow for acceptance of the instrument and/or earmold, without additional charges to the program except that the provider's responsibility shall not apply to corrections necessitated by the beneficiary's misuse or abuse of the instrument;

6. Make services, supplies, and parts reasonably accessible and available during regular business hours in an identifiable and fixed place of business, which shall include a public entrance directly into the provider's place of business;

7. Assure that the hearing aid candidacy requirements described in N.J.A.C. 10:64-2.1(b) are met prior to dispensing an aid and that all required procedures are followed; and

8. Provide auxiliary aids, such as qualified sign language interpreters, to beneficiaries who need such an aid to facilitate communication with the provider during the service delivery process.

N.J. Admin. Code § 10:64-2.4

Amended by R.2001 d.71, effective 3/5/2001.
See: 32 New Jersey Register 3965(a), 33 New Jersey Register 793(a).
Substituted references to beneficiaries for references to recipients throughout.
Amended by R.2006 d.289, effective 8/21/2006.
See: 38 New Jersey Register 1385(a), 38 New Jersey Register 3304(a).
Section was "Dispenser's responsibilities". Rewrote the section.

Amended by 53 N.J.R. 2222(a), effective 12/20/2021