WFW ALERT MAY 2006

Words from Washington

May 3, 2006

Vol. 109 No. 19

Alert!!--Medicare's Administering Agency Proposes Depriving Low Vision Aids to People with Vision Loss!!

On Monday, May 1, the Centers for Medicare and Medicaid Services (CMS), the federal agency responsible for management of America's public health care system, formally announced their intention to bar, without exception, Medicare coverage for any device such as closed-circuit television systems (CCTVs), magnifiers, and any other low vision aids or technologies, allowing people with vision loss, particularly those with low vision, to make use of remaining vision. In its recently published notice of proposed rule making (NPRM) concerning Medicare Competitive Acquisition for Certain Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS), CMS states--

"We are proposing to clarify that the scope of the eyeglass coverage exclusion encompasses all devices irrespective of their size, form, or technological features that use one or more lens [sic] to aid vision or provide magnification of images for impaired vision. This proposed regulatory provision clarifies that the statute does not support the interpretation that the term eyeglasses only applies to lenses supported by frames that pass around the nose and ears."

In cherry picking from among a variety of judicial opinions that provide a diversity of interpretation of Medicare's durable medical equipment (DME) and prosthetic device coverage rules, CMS simply contends that those decisions allowing coverage are in error, effectively trumping future application of such decisions and the provision of any low vision devices through Medicare at any time.

AFB is initiating an aggressive campaign, along with our partners in the vision loss and wider disability communities to respond to this unacceptable rollback of benefits denying vital coverage to people with vision loss, especially millions of America's senior Medicare beneficiaries.

The NPRM specifically invites comment from the public on this matter. All advocates are urged to respond to this unreasonably narrow and discriminatory proposed regulatory action. Comments are due June 30, 2006. Comments should be submitted electronically.

For further information, contact Mark Richert at mrichert@afb.net, Director, Public Policy. We would appreciate receiving a copy of your comments. In addition, please forward this alert to other networks which would be interested in this issue.

Go to http://www.accessdata.fda.gov/scripts/oc/dockets/comments/getDocketInfo.cfm?EC_DOCUMENT_ID=100&SORT=&MAXROWS=15&START=1&CID=&AGENCY=CMS, and click on the "Submit Comment" button.

The process for electronic submission of comments should be self explanatory, once you follow the link given here. However, the following directions may be of use to you.

Complete the information requested in the form and click the "Continue" button. Click on "Low Vision Aid Exclusion" in the list. You will then have two options. (1) You may enter your message in the edit box. There is a 4,000 character limit for your message. When you have finished, click on the "Exit" button. (2) If your comments exceed 4,000 characters, save them as a file. Be sure to include your name and address and to include the docket number CMS 1270-P phrase "Low Vision Aid Exclusion" at the top of your document. Type the word "Attachment" in the edit box and click the "Continue" button. In the "Attachment" edit box, type in the path and name of your document or browse to it. Choose the file type from the drop down menu, and click the attach button. You can choose to print your comments if you wish. Click on the "Save Comments" and "Exit" buttons.

The full text of the notice can be found at
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-3982.htm. Sections I. J. and II. Q refer to the "Low Vision Aid Exclusion."

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Paul Schroeder, Mark Richert, Alan Dinsmore, and Barbara LeMoine are contributors to WFW.

WFW is published by the American Foundation for the Blind, Public Policy Center, 820 First Street, N.E., Suite 400 Washington, DC 20002, 202-408-0200, Fax: 202-289-7880, E-mail: afbgov@afb.net. Address questions regarding subscriptions or content to Barbara Jackson LeMoine.

This report focuses on the most significant issues currently being addressed by AFB's Public Policy Center, and is delivered to you periodically via the Topica "Words from Washington" list. Back issues of WFW are archived at http://www.afb.org/wfw.asp.