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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 302
116th CONGRESS
  2d Session
                                H. R. 4618

                  [Report No. 116-326, Parts I and II]

To amend title XVIII of the Social Security Act to provide coverage for 
    certain hearing items and services under part B of the Medicare 
                                program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2019

  Mrs. McBath (for herself and Mrs. Dingell) 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

                            December 6, 2019

    Reported from the Committee on Ways and Means with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            January 24, 2020

 Additional sponsors: Ms. Castor of Florida, Mr. Cuellar, Ms. Norton, 
                 Mr. Higgins of New York, and Mr. Welch

                            January 24, 2020

 Reported from the Committee on Energy and Commerce, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed
[For text of introduced bill, see copy of bill as introduced on October 
                                8, 2019]

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to provide coverage for 
    certain hearing items and services under part B of the Medicare 
                                program.

 

    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 ``Medicare Hearing Act of 2019''.

SEC. 2. PROVIDING COVERAGE FOR HEARING CARE UNDER THE MEDICARE PROGRAM.

    (a) Provision of Aural Rehabilitation and Treatment Services by 
Qualified Audiologists.--Section 1861(ll)(3) of the Social Security Act 
(42 U.S.C. 1395x(ll)(3)) is amended by inserting ``(and, beginning 
January 1, 2022, such aural rehabilitation and treatment services)'' 
after ``assessment services''.
    (b) Coverage of Hearing Aids.--
            (1) Inclusion of hearing aids as prosthetic devices.--
        Section 1861(s)(8) of the Social Security Act (42 U.S.C. 
        1395x(s)(8)) is amended by inserting ``, and including hearing 
        aids furnished on or after January 1, 2022, to individuals 
        diagnosed with profound or severe hearing loss'' before the 
        semicolon at the end.
            (2) Payment limitations for hearing aids.--Section 1834(h) 
        of the Social Security Act (42 U.S.C. 1395m(h)) is amended by 
        adding at the end the following new paragraph:
            ``(6) Limitations for hearing aids.--Payment may be made 
        under this part with respect to an individual, with respect to 
        hearing aids furnished on or after January 1, 2022--
                    ``(A) not more than once during any 5-year period;
                    ``(B) only for types of such hearing aids that are 
                not over-the-counter hearing aids (as defined in 
                section 520(q)(1) of the Federal Food, Drug, and 
                Cosmetic Act) and that are determined appropriate by 
                the Secretary; and
                    ``(C) only if furnished pursuant to a written order 
                of a physician or qualified audiologist (as defined in 
                section 1861(ll)(4)(B)).''.
            (3) Application of competitive acquisition.--
                    (A) In general.--Section 1834(h)(1)(H) of the 
                Social Security Act (42 U.S.C. 1395m(h)(1)(H)) is 
                amended--
                            (i) in the header, by inserting ``and 
                        hearing aids'' before the semicolon;
                            (ii) by inserting ``and of hearing aids 
                        described in paragraph (2)(D) of such 
                        section,'' after ``2009,''; and
                            (iii) in clause (i), by inserting ``or such 
                        hearing aids'' after ``such orthotics''.
                    (B) Conforming amendment.--
                            (i) In general.--Section 1847(a)(2) of the 
                        Social Security Act (42 U.S.C. 1395w-3(a)(2)) 
                        is amended by adding at the end the following 
                        new subparagraph:
                    ``(D) Hearing aids.--Hearing aids for which payment 
                would otherwise be made under section 1834(h).''.
                            (ii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)) is amended by adding at the end the 
                        following new subparagraph:
                    ``(C) Certain hearing aids.--Those items and 
                services described in paragraph (2)(D) if furnished by 
                a physician or other practitioner (as defined by the 
                Secretary) to the physician's or practitioner's own 
                patients as part of the physician's or practitioner's 
                professional service.''.
            (4) Inclusion of audiologists as certain practitioners to 
        receive payment on an assignment-related basis.--Section 
        1842(b)(18)(C) of the Social Security Act (42 U.S.C. 
        1395u(b)(18)(C)) is amended by adding at the end the following 
        new clause:
                            ``(vii) With respect to 2022 and each 
                        subsequent year, a qualified audiologist (as 
                        defined in section 1861(ll)(4)(B)).''.
    (c) Exclusion Modification.--Section 1862(a)(7) of the Social 
Security Act (42 U.S.C. 1395y(a)(7)) is amended by inserting ``(except 
such hearing aids or examinations as described in and otherwise allowed 
under section 1861(s)(8))'' after ``hearing aids or examinations 
therefor''.

SEC. 3. IMPLEMENTATION FUNDING.

    The Secretary of Health and Human Services shall provide for the 
transfer from the Federal Supplementary Medical Insurance Trust Fund 
under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the 
Centers for Medicare & Medicaid Services Program Management Account for 
the period of 2020 through 2024 of such sums as may be necessary for 
purposes of implementing the amendments made by section 2.

SEC. 4. REPORT.

    (a) Report.--Not later than the date that is 2 years after the date 
of the enactment of the Medicare Hearing Act of 2019, the Inspector 
General of the Department of Health and Human Services shall--
            (1) determine the feasibility of qualified audiologists (as 
        defined in paragraph (4)(B) of 1861(ll) of the Social Security 
        Act (42 U.S.C. 1395x(ll))) furnishing audiology services (as 
        defined in paragraph (3) of such section) to individuals 
        entitled to benefits under part A of title XVIII of such Act 
        (42 U.S.C. 1395c et seq.) and enrolled for benefits under part 
        B of such title (42 U.S.C.1395j et seq.) without such 
        individuals being referred by a physician (as defined in 
        section 1861(r) of such Act (42 U.S.C. 1395x(r))) or 
        practitioner (as described in section 1842(b)(18)(C) of such 
        Act (42 U.S.C. 1395u(b)(18)(C))) to qualified audiologists; and
            (2) submit to the Secretary of Health and Human Services a 
        report on the feasibility of the referral described in 
        paragraph (1) and any program integrity or overutilization 
        concerns with respect to such referral.
    (b) Regulations.--The Secretary of Health and Human Services may 
promulgate regulations to allow qualified audiologists to furnish 
audiology services without a referral from a physician or practitioner, 
consistent with the findings submitted to the Secretary pursuant to 
subsection (a)(2).
                                                 Union Calendar No. 302

116th CONGRESS

  2d Session

                               H. R. 4618

                  [Report No. 116-326, Parts I and II]

_______________________________________________________________________

                                 A BILL

To amend title XVIII of the Social Security Act to provide coverage for 
    certain hearing items and services under part B of the Medicare 
                                program.

_______________________________________________________________________

                            January 24, 2020

 Reported from the Committee on Energy and Commerce, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed
```