From: Herbert Stein [mailto:firstname.lastname@example.org]
Sent: Friday, February 27, 2015 4:09 AM
Subject: DECISION THAT THE NCD RECORD IS COMPLETE AND ADEQUATE TO SUPPORT THE VALIDITY OF NCD 160.18(C), VAGUS NERVE STIMULATION
To Joyce’s fellow patients et al,
At long last the decision I’ve been waiting to read from the DEPARTMENTAL APPEALS BOARD dated December 30, 2014 or in the words of Jerry Seinfeld, “Yada, Yada, Yada”.
I quickly read through the document at this late hour and of utmost importance to the VNS Medicare/Medicaid patients and to the privately insured patients, in my opinion, starts with page 62 paragraph VII. The key words are “continuity of care”:
(1) “continuity of care” standards that are “widely accepted within the medical community (i.e., a physician should not discontinue treatment that is effective for a patient)”; (2) “well-accepted medical standards of care that acknowledge that it is unsafe for beneficiaries to have an implanted medical device that is not properly calibrated, monitored, or is otherwise non-functional”; and (3) “CMS policy statements wherein CMS has recognized that continuing Medicare coverage for beneficiaries who received Medicare-covered durable medical equipment (DME) before it was non-covered ‘helps avoid disrupting the continuity of care for the beneficiaries . . . .’” Id. ¶¶ 40-42 (quoting 78 Fed. Reg. 40,836, 40,877 (July 8, 2013)).
In essence as I read these words it has established Medicare/Medicaid coverage and for the private health insured patients this “continuity of care” should be, in my opinion, the medical and legal basis to pursue and assert one’s rights to obtain continuing care and replacement for one’s VNS Therapy for Depression. This would override any garbage handed down by one’s health insurer that the therapy is experimental and not approved by CMS.
At the same time I tip my hat and express my sincere appreciation to Drs. Aaronson, Moreno, Buser, Rush and others in aiding our cause as well as their humanity and understanding the special needs of these unique patients.
Joyce and Herbert Stein
1008 Trailmore Lane
Weston, FL 33326-2816
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