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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

Finally, as discussed in our response to comments

received on §303.13(b)(1), it is the Department’s position

that the exclusion of services related to the optimization (e.g., mapping) of surgically implanted medical devices, such as cochlear implants, from the definition of health services is consistent with the Act.

Changes: None.

Comment: One commenter requested that the Department clarify the difference between medical devices referenced

in the definition of health services in §303.16(c)(2) and

the medical devices referenced in the definition of

assistive technology device in §303.13(b)(1)(i).

Discussion: Both §§303.16(c)(2) and 303.13(b)(1)(i)

provide examples of devices that are medical in nature and, therefore, not included under this part. Section 303.16(c) (2) states that devices necessary to control or treat a medical condition are not included under the definition of health services and provides examples of these devices. Section 303.13(b)(1) states that medical devices that are surgically implanted are not included in the definition of assistive technology devices and services or the umbrella term types of early intervention services and provides cochlear implants as an example of these medical devices.

Changes: None.