Gender words being updated by CMS, as the new burocracy works through its numerous online manuals and publications.
For example, I was comparing the current verson of Publication 8, Program Integrity, Chapter 10, "Medicare Enrollment" to its newest update. See: (Revision 12796, 08-15-24) versus a newly revised version released as Revision 13154, 4-4-2025).
The older vision 12796 was still online this morning here. (It will be replaced; so a cloud copy of 12796 is here.) The newer April 2025 version 13154 is online here.
The main edit style appears to be to search all "he/she" referenences, and change them to non-gendered terms like "technician," "iindividiual," or "physician." The new version is "he she free."
OLD "HE/SHE"
NEW: "INDIVIDUAL"
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CMS's interest might also be drawn to the glaucoma screening benefit due to its racial content.
Glaucoma screening was created by BIPA 2000 and is codified at SSA 1861(s)(2)(U). The statute states, screening for glaucoma (as defined in subsection (uu)) for individuals determined to be at high risk for glaucoma, individuals with a family history of glaucoma and individuals with diabetes;...(uu) The term “screening for glaucoma” means a dilated eye examination with an intraocular pressure measurement, and a direct ophthalmoscopy or a slit–lamp biomicroscopic examination for the early detection of glaucoma which is furnished by or under the direct supervision of an optometrist or ophthalmologist who is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service, if the individual involved has not had such an examination in the preceding year.
While the statute 1861(s) does not mention racial groups, the regulation written by CMS staff in 2001 and 2005 at 42 CFR 410.23 does:
§ 410.23 Screening for glaucoma: Conditions for and limitations on coverage.(a) Definitions: As used in this section, the following definitions apply: (1) Direct supervision in the office setting means the optometrist or the ophthalmologist must be present in the office suite and be immediately available to furnish assistance and direction throughout the performance of the procedure. It does not mean the physician must be present in the room when the procedure is performed.
(2) Eligible beneficiary means individuals in the following high risk categories:
- (i) Individual with diabetes mellitus.
- (ii) Individual with a family history of glaucoma.
- (iii) African-Americans age 50 and over.
- (iv) Hispanic-Americans age 65 and over.
See also the same CMS race-specific information quoted at a public-facing page here.
The rulemaking for the CFR dates to November 1, 2001 (66 FR 55328, p. 55272-5) and to November 21, 2005 (70 FR 70330; adding "Hispanic," p20270-72).
