C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 441—SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES › Subpart A—General Provisions

42 C.F.R. § 441.30

Optometric services

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The plan must provide for payment of optometric services as physician services, whether furnished by an optometrist or a physician, if—

(a) The plan does not provide for payment for services provided by an optometrist, except for eligibility determinations under §§ 435.531 and 436.531 of this subchapter, but did provide for those services at an earlier period; and

(b) The plan specifically provides that physicians' services include services an optometrist is legally authorized to perform.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2023 · leading case: Simpson v. Wilson, 480 F. Supp. 97 (D. Vt. 1979).
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Simpson v. Wilson, 480 F. Supp. 97 (D. Vt. 1979). · cites it 2× “42 C.F.R. § 441.30 (1978). Thus the regulations clearly permit states to pay for eye care by doctors and optometrists.”
Sandefur v. Cherry, 547 F. Supp. 418 (M.D. La. 1982). · cites it 3× “§ 1396d(e) and 42 C.F.R. § 441.30 , respectively, are pertinent to the issues: .”
Sandefur v. Cherry, 718 F.2d 682 (5th Cir. 1983). “1230, supra note 22; see 42 C.F.R. § 441.30 (1981) (implementing regulation).”
Dental Recycling North Am., Inc. v. Stoma Ventures, Inc. (E.D. Mo. 2023). “42 C.F.R. § 441.30 (a)(1)-(2). The EPA does not require any type of pre-market approval or certification of amalgam capture devices, nor does it pre-clear, pre-qualify, or evaluate or rule on an amalgam capture device’s compliance with EPA regulations.”
Price v. Medicaid Dir., 310 F.R.D. 345 (S.D. Ohio 2015). “” 42 C.F.R. § 441.30 l(b)(l)(i). This person-centered process includes requirements that the individual lead the process, that people chosen by the individual be included in the process, that necessary information and support be provided to ensure that the individual directs the…”
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