I 

111TH CONGRESS 

1ST SESSION H. R. 3024 

To amend title XVIII of the Social Security Act to provide Medicare beneficiaries greater choice with regard to accessing hearing health services 

and benefits. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2009 

Mr. ROSS (for himself, Mr. TOWNS, Mr. GORDON of Tennessee, Ms. 

DEGETTE, Mr. LATHAM, Mr. MCGOVERN, Mr. LYNCH, Mr. BARROW, Mr. 

SIMPSON, Mr. CHANDLER, Mrs. EMERSON, Ms. DELAURO, Mr. 

COURTNEY, and Mr. PAUL) 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 

Medicare beneficiaries greater choice with regard to accessing hearing health services and benefits. 

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 

5 Health Care Enhancement Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Approximately 30,000,000 Americans expe4 rience some degree of hearing loss and by 2030 that 

5 number is expected to increase to 78,000,000 Ameri6 cans. 

7 (2) Hearing impairment is one of the most 

8 common conditions affecting older adults, with ap9 proximately 33 percent of Americans aged 60 years 

10 and over, and 40 to 50 percent of those aged 75 

11 years and older, experiencing hearing loss. 

12 (3) Hearing loss is a major barrier to partici13 pating in society, both economically and socially. 

14 (4) Hearing loss among senior citizens, if left 

15 untreated, can result in isolation and depression. 

16 (5) The Department of Veterans Affairs allows 

17 veterans to directly access audiologists and has re18 ported that this policy, adopted in 1992, provides 

19 high-quality, efficient, and cost-effective hearing 

20 care. 

21 (6) The Office of Personnel Management allows 

22 Federal employees and Members of Congress to di23 rectly access audiologists through the Federal Em24 ployees Health Benefits Program. 

25 (7) Audiologists are licensed in each State and 

26 the District of Columbia and the scope of services 


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1 furnished by audiologists is determined by each such 

2 jurisdiction involved. 

3 (8) Consistency in Federal policy with respect 

4 to hearing health care services should be encouraged 

5 to the greatest extent possible. 

6 SEC. 3. ENABLING MEDICARE BENEFICIARIES TO HAVE 

7 THEIR CHOICE OF QUALIFIED HEARING 

8 HEALTH CARE PROVIDERS. 

9 Section 1861(ll)(3) of the Social Security Act (42 

10 U.S.C. 1395x(ll)(3)) is amended by inserting before the 

11 period at the end the following: ‘‘, without regard to any 

12 requirement that the individual receiving the audiology 

13 services be under the care of (or referred by) a physician 

14 or other health care practitioner or that such services are 

15 provided under the supervision of a physician or other 

16 health care practitioner’’. 

17 SEC. 4. INCLUSION OF AUDIOLOGY SERVICES AS MEDICAL 

18 SERVICES UNDER MEDICARE PART B; PAY19 MENT FOR SUCH SERVICES. 

20 (a) IN GENERAL.—Section 1861(s)(2) of the Social 

21 Security Act (42 U.S.C. 1395x(s)(2)) is amended— 

22 (1) in subparagraph (DD), by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (EE), by inserting ‘‘and’’ 

25 at the end; and 


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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(FF) audiology services (as defined in sub4 section (ll)(3));’’. 

5 (b) PAYMENT UNDER THE PHYSICIAN FEE SCHED6 ULE.—Section 1848(j)(3) of such Act (42 U.S.C. 1395w– 

7 4(j)(3)) is amended by inserting ‘‘(2)(FF),’’ after 

8 ‘‘(2)(EE),’’. 

9 SEC. 5. CONSTRUCTION; EFFECTIVE DATE. 

10 (a) CONSTRUCTION.—Nothing in the amendments 

11 made by this Act shall be construed to expand the scope 

12 of audiology services for which payment may be made 

13 under title XVIII of the Social Security Act on December 

14 31, 2009. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this Act shall take effect with respect to services furnished 

17 on or after January 1, 2010. 

Æ 


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