Lewis v. Azar

An item not included within the list may still qualify as durable medical equipment if it satisfies the following regulatory definition:

Durable medical equipment means equipment, furnished by a supplier or a home health agency that meets the following conditions:(1) Can withstand repeated use.(2) Effective with respect to items classified as DME after January 1, 2012, has an expected life of at least 3 years.(3) Is primarily and customarily used to serve a medical purpose.(4) Generally is not useful to an individual in the absence of an illness or injury.(5) Is appropriate for use in the home.