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<strong>CMS</strong>-1403-FC<br />

Response: We understand and can appreciate the<br />

commenters’ concerns. However, the Medicare statute does<br />

not provide for the coverage of every service or item that<br />

may increase an individual’s quality of life or which may<br />

provide a medical benefit. For example, in addition to<br />

excluding eyeglasses from coverage, the Act also generally<br />

excludes coverage of dental services, orthopedic shoes, and<br />

hearing aids. We understand that eyeglasses aid<br />

individuals in conducting activities of daily living;<br />

however, the Medicare statute makes only limited exceptions<br />

to the statutory eyeglass coverage exclusion, such as for<br />

“conventional eyeglasses and contact lenses,” in certain<br />

cases. Moreover, we believe the appropriate regulatory<br />

interpretation of this statutory exclusion is to remain<br />

consistent with our longstanding views, and finalize the<br />

proposed regulation without modification.<br />

Comment: Some commenters stated that the regulation<br />

does not rely on the plain language of the statute. The<br />

commenters suggested that eyeglasses and low vision devices<br />

are dissimilar: eyeglasses are optical systems to aid the<br />

vision of a person who essentially <strong>has</strong> normal vision, while<br />

low vision aids are prosthetic in nature for persons whose<br />

vision is impaired in other ways than refractive error.<br />

The commenters believe that the regulation fails to<br />

991

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