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CMS-1403-FC
distinguish between lenses that correct refractive errors
in eyes with normal visual function and lenses and devices
that enlarge images to make them visible to eyes with
subnormal visual function. The commenters also stated that
the regulation is not in accord with certain established
case law, that it conflicts with Congressional intent, and
ignores other Medicare regulations and definitions that
could be used to cover low vision aids as DME or prosthetic
devices.
Response: As a general matter, we disagree with the
commenters concerns raised above. First, we continue to
believe that our interpretation is consistent with the
plain language of the Medicare statute, and alternatively,
if the statute is ambiguous to this point, we believe our
interpretation best captures the Congress’ intent and is a
reasonable and permissible interpretation.
Second, eyeglasses and low vision aids are not
dissimilar, but the same, in that, they both use lenses to
aid poor vision or provide magnification of images for
impaired vision. The operative component of the eyeglass
is the lens because it is the component that provides
visual improvement. It may be useful to consider standard
dictionary definitions of the word “eyeglass.” For
example, the Webster’s Third New Int. Dictionary (1976)
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