HEAR Act of 2021
Bill: H.R.1106 | Sponsor: Rep. Cartwright, Matt (D-PA)
Policy area: Health

Summary:
Help Extend Auditory Relief Act of 2021 or the HEAR Act of 2021
This bill provides for Medicare coverage of hearing aids and hearing rehabilitation services. Covered services include hearing aid assessments, fittings, and related instructional services.

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 
2021'' or the ``HEAR Act of 2021''.

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 (GG), by striking ``and'' at the end;
            (2) in subparagraph (HH) by inserting ``and'' at the end; 
        and
            (3) by adding at the end the following new subparagraph:
            ``(II) aural rehabilitation services (as described in 
        subsection (lll)(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 
(lll)(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

    ``(kkk)(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.
    ``(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(lll)(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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