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CMS-1403-FC
Comment: Some commenters suggested that CMS allow for
a more fully vetted process prior to any rule for or
against low vision aid coverage.
Response: We are issuing this final regulation in
accordance with the requirements of the Administrative
Procedures Act (the APA). On May 1, 2006, we issued a
proposed rule that discussed the background and rationale
pertaining to our proposed provisions to apply the eyeglass
coverage exclusion to low vision aids. In accordance with
section 1871(b)(1) of the Act, we proposed this regulation
pursuant to a 60-day public comment period. After
reviewing and considering the public comments, relevant
case law, and our existing policies on this issue, we are
issuing this final rule without modification. We believe
it sets forth a reasonable and permissible interpretation
of the Medicare statutory eyeglass coverage exclusion.
Comment: Commenters expressed concern that the use of
assistive low vision aids associated with rehabilitative
therapy services, which are identified by Medicare-covered
Current Procedural Terminology (CPT) codes, such as CPT
code 97535, would no longer be covered by Medicare if
subjected to the eyeglass exclusion.
Response: Low vision aids are not covered, items
based on the statutory eyeglass exclusion. A practitioner
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