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CMS-1403-FC
though it was a technologically advanced seating system,
was supported by the Medicare statute and regulations. In
reaching this conclusion, the Court stated that the
Secretary could conclude that the seating system met the
definition of DME, which “unequivocally includes
‘wheelchairs,’” since the system served the same (as well
as additional) functions as a wheelchair. We believe this
case affirms the principle that the Secretary has the
discretion to interpret the statute and to assign a product
to a particular Medicare category even when this will
result in non-coverage determinations by Medicare.
3. Public Comments Received on the Proposed Rule
Comment: Several commenters urged that low vision
aids should be covered for individuals with vision loss to
help individuals to remain as independent as possible, to
ensure quality of life, to conduct activities of daily
living safely and effectively, and to avoid placement in
assistive living or nursing homes. The commenters believe
the use of prescribed low vision aids would help avoid
greater expenses to the Medicare program due to reduced
illnesses, injuries, and loss of independence. Several
commenters indicated that they did not have sufficient
funds to obtain these items without Medicare coverage.
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