[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3739 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3739
To direct the Secretary of Veterans Affairs to carry out a
demonstration project on coverage by the Department of Veterans Affairs
of over-the-counter hearing aids, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2026
Mrs. Blackburn (for herself, Mr. Schiff, and Mr. Grassley) introduced
the following bill; which was read twice and referred to the Committee
on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to carry out a
demonstration project on coverage by the Department of Veterans Affairs
of over-the-counter hearing aids, and for other purposes.
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 ``Veterans Hearing Aid Improvement Act
of 2026''.
SEC. 2. DEMONSTRATION PROJECT ON COVERAGE BY DEPARTMENT OF VETERANS
AFFAIRS OF OVER-THE-COUNTER HEARING AIDS.
(a) Establishment of Demonstration Project.--Beginning not later
than one year after the date of the enactment of this Act, the
Secretary of Veterans Affairs (in this section referred to as the
``Secretary'') shall commence a project (in this section referred to as
the ``demonstration project'') to demonstrate and evaluate the fiscal
impact of covering FDA-cleared, over-the-counter hearing aids under
section 1707(b) of title 38, United States Code, in the same or similar
manner as coverage is provided for prescription hearing aids under such
section.
(b) Duration.--The Secretary shall carry out the demonstration
project for a period of two years.
(c) Eligible Participants.--A veteran is eligible to participate in
the demonstration project if--
(1) the veteran is enrolled in the system of annual patient
enrollment established and operated under section 1705(a) of
title 38, United States Code;
(2) an audiologist determines, through a clinical
evaluation of the veteran, that--
(A) furnishing an over-the-counter hearing aid to
the veteran for mild-to-moderate hearing loss is
medically necessary;
(B) the veteran has no red flag conditions or
contraindications for over-the-counter hearing aid use,
as specified by the Food and Drug Administration; and
(3) the veteran has access to a mobile phone device and
mobile data or Wi-Fi, or any successor technology, to operate
over-the-counter hearing aid functionality.
(d) Locations.--The Secretary shall carry out the demonstration
project at not fewer than two medical facilities of the Department of
Veterans Affairs selected by the Secretary across different Veterans
Integrated Services Networks and that have a demonstrated ability to
reduce access barriers and provide services to a diverse veteran
population in both rural and urban settings and surrounding areas.
(e) Project Design.--
(1) In general.--The Secretary shall design the
demonstration project to demonstrate the effectiveness of FDA-
cleared, over-the-counter hearing aids compared to
professionally fitted prescription hearing aids by an
audiologist according to the audiological best practices of the
Department of Veterans of Affairs, including the fiscal impact
on the Department of providing permanent coverage of over-the-
counter hearing aids under section 1707(b) of title 38, United
States Code.
(2) Design elements.--
(A) In general.--The Secretary shall ensure the
demonstration project includes the following study
groups:
(i) An FDA-cleared, over the counter
hearing aid group.
(ii) An audiologist-fitted prescription
hearing aid group.
(B) Participants.--The Secretary shall allocate an
approximately equal number of participants in the
demonstration project to each group specified in
subparagraph (A).
(f) Measurement of Benefits.--To the maximum extent possible, in
carrying out the demonstration project, the Secretary shall measure
both self-reported benefits and speech recognition in noise among a
diverse veteran population and evaluate the fiscal impact over a two-
year follow-up period of permanent coverage of over-the-counter hearing
aids under section 1707(b) of title 38, United States Code, for the
FDA-cleared, over-the-counter hearing aids found under the
demonstration project to be most beneficial.
(g) Consultation.--In conducting the demonstration project, the
Secretary shall consult with organizations that represent consumers
with mild-to-moderate hearing loss and other stakeholder organizations.
(h) Reports.--
(1) Interim report.--Not later than one year after the
commencement of the demonstration project, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report that describes the progress and
preliminary findings from the demonstration project.
(2) Final report.--
(A) In general.--Not later than 180 days after the
last day of the demonstration project and after
solicitation and consideration of formal written input
on the project from organizations specified under
subsection (g), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a final report on the project.
(B) Elements.--The report required under
subparagraph (A) shall include an evaluation of the
fiscal impact on the Department of Veterans Affairs of
providing permanent coverage of over-the-counter
hearing aids under section 1707(b) of title 38, United
States Code, and such other findings and
recommendations as the Secretary determines
appropriate.
(i) FDA-Cleared, Over-The-Counter Hearing Aid Defined.--In this
section, the term ``FDA-cleared, over-the-counter hearing aid'' means a
device--
(1) cleared by the Food and Drug Administration;
(2) fully regulated by the Food and Drug Administration
under section 520(q) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360j(q)); and
(3) that contains features that allow personalization
through technology, such as hearing tests, software, and smart
phone applications.
SEC. 3. COMPTROLLER GENERAL STUDY AND REPORT ON VETERANS HEARING AID
BENEFITS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the furnishing to veterans with mild-to-moderate
hearing loss under section 1707(b) of title 38, United States Code, of
assistance for hearing aids and related examinations.
(b) Elements.--The study required under subsection (a)--
(1) shall include an examination of--
(A) the number of individuals in the United States
with mild-to-moderate hearing loss who need hearing
aids;
(B) the medical coverage of such individuals
relating to obtaining hearing aids; and
(C) the effectiveness of such medical coverage in
meeting such need; and
(2) may include an examination of contract design for
purchasing hearing aid devices.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection
(a).
(2) Recommendations.--The report required under paragraph
(1) shall include such recommendations on changes to programs
and benefits of the Department of Veterans Affairs, including
the establishment of new programs and benefits, as would meet
the needs of veterans with mild-to-moderate hearing loss.
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