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CMS-1403-FC
defines “eyeglass” to include the eyepiece of an optical
instrument (as in a microscope or telescope). Also, the
Webster’s New Collegiate Dictionary (8 th Ed, 1979) includes
eyepiece as its first definition for eyeglass. It defines
eyepiece as the lens or combination of lenses at the eye end
of an optical instrument.
As can be clearly seen through the dictionary
definitions, any type of eyeglass, conventional or
otherwise, is a device used for aiding sight. Lenses used
with low vision aids are for the purpose of improving
vision, as are the lenses used with conventional
eyeglasses.
While we understand that some may suggest that a more
narrow reading of the statutory exclusion may be
appropriate, we disagree and believe that our
interpretation is a reasonable and permissible construction
of the statutory exclusion, and one that best matches the
Congress’ intent.
In addition to the plain language of the Medicare
statutory exclusion itself, language in other sections of
the statute further supports our interpretation. For
example, in section 1862(a)(7) of the Act, the Congress
makes an exception to the eyeglass exclusion for certain
conventional eyeglasses and contact lenses used after
cataract surgery. This exception indicates that the
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