[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8064 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8064
To amend title XVIII of the Social Security Act to provide for coverage
under the Medicare program of hearing aids and related hearing
services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2024
Mr. Cartwright (for himself, Mr. Lawler, Mr. Grijalva, Ms. Dean of
Pennsylvania, Mr. Cardenas, Ms. McCollum, Mr. Takano, and Mr. Thompson
of California) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to provide for coverage
under the Medicare program of hearing aids and related hearing
services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Extend Auditory Relief Act of
2024'' or the ``HEAR Act of 2024''.
SEC. 2. MEDICARE COVERAGE OF HEARING REHABILITATION.
(a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2)
of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (JJ) by adding ``and'' at the end; and
(2) by adding at the end the following new subparagraph:
``(KK) aural rehabilitation services (as described in
subsection (nnn)(1)(A));''.
(b) Coverage of Hearing Aids as Durable Medical Equipment.--Section
1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is
amended by inserting ``and hearing aids (as defined in subsection
(nnn)(3))'' before the period.
(c) Hearing Rehabilitation and Hearing Aid Defined.--Section 1861
of the Social Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:
``Hearing Rehabilitation
``(nnn)(1) The term `hearing rehabilitation' means--
``(A) aural rehabilitation services (described in paragraph
(2)) which meet such requirements as the Secretary prescribes
and which are furnished by a physician or qualified
audiologist, who is legally authorized to furnish such services
under the State law (or the State regulatory mechanism provided
by State law) of the State in which the services are furnished;
and
``(B) hearing aids (as defined in paragraph (3)).
``(2) The services described in this subparagraph include--
``(A) aural rehabilitation services;
``(B) in the case of an individual who has a hearing loss
(as defined by the Secretary), a comprehensive audiologic
assessment to determine if a hearing aid is appropriate and to
determine the need for other diagnostic medical or audiologic
testing; and
``(C) a threshold test to determine audio acuity.
``(3)(A) The term `hearing aid' means a hearing aid described in
subparagraph (B), including the services described in subparagraph (C)
furnished by a physician or qualified audiologist, who is legally
authorized to supply such hearing aid under the State law (or State
regulatory mechanism provided by State law) of the State in which the
hearing aid is supplied, to an individual described in subparagraph
(D).
``(B) A hearing aid described in this subparagraph is any wearable
instrument or device for, offered for the purpose of, or represented as
aiding individuals with, or compensating for, hearing loss that meets
requirements of the Food and Drug Administration for marketing, but
does not include an over-the-counter hearing aid (as defined in section
520(q)(1) of the Federal Food, Drug, and Cosmetic Act).
``(C) The services described in this subparagraph include--
``(i) audiology services (as defined in subsection
(ll)(2));
``(ii) a hearing aid assessment to determine the
appropriate hearing aid for the individual;
``(iii) procurement of an appropriate hearing aid;
``(iv) initial fitting and adjustment of the hearing aid;
``(v) appropriate instruction on the use of the hearing
aid;
``(vi) periodic refittings and adjustments; and
``(vii) rehabilitation, including counseling on hearing
loss, speech reading, and auditory training.
``(D) The individuals described in this subparagraph--
``(i) have been determined (as a result of a comprehensive
audiologic assessment) to have a hearing loss which can be
appropriately treated with a hearing aid;
``(ii) have not been supplied with one monaural hearing aid
or two binaural hearing aids during the preceding 3 years; and
``(iii) have had a comprehensive audiologic assessment
which indicates that the hearing of such individual has
deteriorated since such individual was last supplied with a
hearing aid such that a hearing aid of a different type is
appropriate for such individual.''.
(d) Inclusion of Audiology Rehabilitation Services.--Section
1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is
amended by inserting ``and rehabilitation'' after ``balance
assessment''.
(e) Exception to Exclusions From Coverage.--Section 1862(a) of the
Social Security Act (42 U.S.C. 1395y(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (O), by striking ``and'' at the
end;
(B) in subparagraph (P); by striking the semicolon
at the end and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(Q) in the case of hearing rehabilitation, which is
furnished or supplied more frequently than is provided under
section 1861(nnn)(3)(D)(ii).''; and
(2) in paragraph (7) by striking ``hearing aids or
examinations therefor''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply to
items and services furnished on or after a date specified by the
Secretary of Health and Human Services that is not sooner than January
1 of the first year beginning after such date of enactment and not
later than January 1 of the third year beginning after such date of
enactment.
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