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CMS-1403-FC
From as early as 1980, we have clarified that we
viewed closed circuit visual aid systems and other low
vision devices to be subject to the eyeglass coverage
exclusion at section 1862(a)(7) of the Act. On
July 16, 1980, we conveyed from the Acting Director, Office
of Coverage Policy, Bureau of Program Policy, Health Care
Financing Administration, to the Regional Administrator,
San Francisco, an example of this clarification. We stated
in a memorandum that closed circuit visual aid systems, in
providing magnification serve the same function as
eyeglasses, coverage of which is specifically excluded by
Medicare law (section 1862(a)(7) of the Act). This
document explained that section 1862(a)(7) of the Act is an
overriding statutory coverage exclusion which would apply
even if these devices were determined to meet Medicare’s
definition of durable medical equipment. Moreover, the
Medicare Appeals Council has recognized that video
magnifiers, or closed circuit televisions (CCTVs), are
subject to the eyeglass coverage exclusion at section
1862(a)(7) of the Act. However, we have never issued a
regulation or national coverage decision (NCD) that
specifically states that the eyeglass exclusion at section
1862(a)(7) of the Act applies to low vision aids.
2. Provisions of the Proposed Rule
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