I 

116TH CONGRESS 

1ST SESSION H. R. 4618 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Hearing Act 

5 of 2019’’. 


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1 SEC. 2. PROVIDING COVERAGE FOR HEARING CARE UNDER 

2 THE MEDICARE PROGRAM. 

3 (a) PROVISION OF AURAL REHABILITATION AND

4 TREATMENT SERVICES BY QUALIFIED AUDIOLOGISTS.— 

5 Section 1861(ll)(3) of the Social Security Act (42 U.S.C. 

6 1395x(ll)(3)) is amended by inserting ‘‘(and, beginning 

7 January 1, 2022, such aural rehabilitation and treatment 

8 services)’’ after ‘‘assessment’’. 

9 (b) COVERAGE OF HEARING AIDS.— 

10 (1) INCLUSION OF HEARING AIDS AS PROS11 THETIC DEVICES.—Section 1861(s)(8) of the Social 

12 Security Act (42 U.S.C. 1395x(s)(8)) is amended by 

13 inserting ‘‘, and including hearing aids’’ before the 

14 semicolon at the end. 

15 (2) PAYMENT LIMITATIONS FOR HEARING

16 AIDS.—Section 1834(h) of the Social Security Act 

17 (42 U.S.C. 1395m(h)) is amended by adding at the 

18 end the following new paragraph: 

19 ‘‘(6) LIMITATIONS FOR HEARING AIDS.—Pay20 ment may be made under this part with respect to 

21 an individual, with respect to hearing aids— 

22 ‘‘(A) not more than once during any 5-year 

23 period; 

24 ‘‘(B) only if such individual has been diag25 nosed with profound or severe hearing loss in 

26 one or both ears; 


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1 ‘‘(C) only for types of such hearing aids 

2 that are not over-the-counter hearing aids (as 

3 defined in section 520(q)(1) of the Federal 

4 Food, Drug, and Cosmetic Act) and that are 

5 determined appropriate by the Secretary; and 

6 ‘‘(D) only if furnished pursuant to a writ7 ten order of a doctor or qualified audiologist (as 

8 described in section 1861(ll)(5)).’’. 

9 (3) APPLICATION OF COMPETITIVE ACQUISI10 TION.— 

11 (A) IN GENERAL.—Section 1834(h)(1)(H) 

12 of the Social Security Act (42 U.S.C. 

13 1395m(h)(1)(H)) is amended— 

14 (i) in the header, by inserting ‘‘AND

15 HEARING AIDS’’ before the semicolon; 

16 (ii) by inserting ‘‘and of hearing aids 

17 described in paragraph (2)(D) of such sec18 tion,’’ after ‘‘2009,’’; and 

19 (iii) in clause (i), by inserting ‘‘or 

20 such hearing aids’’ after ‘‘such orthotics’’. 

21 (B) CONFORMING AMENDMENT.— 

22 (i) IN GENERAL.—Section 1847(a)(2) 

23 of the Social Security Act (42 U.S.C. 

24 1395w–3(a)(2)) is amended by adding at 

25 the end the following new subparagraph: 


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1 ‘‘(D) HEARING AIDS.—Hearing aids for 

2 which payment would otherwise be made under 

3 section 1834(h).’’. 

4 (ii) EXEMPTION OF CERTAIN ITEMS

5 FROM COMPETITIVE ACQUISITION.—Sec6 tion 1847(a)(7) of the Social Security Act 

7 (42 U.S.C. 1395w–3(a)(7)), as amended 

8 by section 2(f)(2), is further amended by 

9 adding at the end the following new sub10 paragraph: 

11 ‘‘(C) CERTAIN HEARING AIDS.—Those 

12 items and services described in paragraph 

13 (2)(D) if furnished by a physician or other 

14 practitioner (as defined by the Secretary) to the 

15 physician’s or practitioner’s own patients as 

16 part of the physician’s or practitioner’s profes17 sional service.’’. 

18 (c) EXCLUSION MODIFICATION.—Section 1862(a)(7) 

19 of the Social Security Act (42 U.S.C. 1395y(a)(7)) is 

20 amended— 

21 (1) by striking ‘‘hearing aids or examinations 

22 therefor, or’’; and 

23 (2) by inserting ‘‘, or, with respect to items and 

24 services furnished before January 1, 2022, hearing 

25 aids or examinations therefor’’ before the semicolon. 


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1 SEC. 3. IMPLEMENTATION FUNDING. 

2 The Secretary of Health and Human Services shall 

3 provide for the transfer from the Federal Supplementary 

4 Medical Insurance Trust Fund under section 1841 of the 

5 Social Security Act (42 U.S.C. 1395t) to the Centers for 

6 Medicare & Medicaid Services Program Management Ac7 count for the period of 2020 through 2024 of such sums 

8 as may be necessary for purposes of implementing the 

9 amendments made by section 2. 

Æ 


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