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CMS-1403-FC
Our interpretation of the term eyeglasses is
consistent with the regulatory language used for the
optional benefit in the Medicaid program under §440.120(d)
for eyeglasses. Section 1905(a)(12) of the Act defines the
term “medical assistance” to include eyeglasses as an
optional service. The Medicaid regulations implementing
this section of the statute defines eyeglasses to mean
“lenses, including frames, and other aids to vision…”
Therefore, in setting program parameters, both Medicaid and
Medicare are consistently interpreting in regulations a
statutory reference to eyeglasses as including low vision
aids.
Although the technology of using lenses to aid low
vision may continue to be improved with new innovations,
such as contact lenses, progressive lenses, and low vision
aids, this does not exempt the new technology from the
eyeglass exclusion. The adaptation of the vision aid
technology does not change the essential nature of the
device: a video magnifier is a device that utilizes a lens
to enhance vision. We believe this interpretation is
consistent with the decision in Warder v. Shalala, 149 F 3d
73 (1 st Cir. 1998), in which the United States Court of
Appeals for the First Circuit held, in part, that the
Secretary’s classification of a seating system as DME, even
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