BILL NUMBER: S5597

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
pilot program for the dispensing of hearing aids in the county of West-
chester; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

This bill would create a pilot program in the County of Westchester to
allow licensed audiologists or hearing aid dispensers employed by an
otolaryngologist to sell hearing aids for profit.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 17 to the public health law establishing
and implementing a pilot program to provide hearing aids in Westchester
for five years after the effective date. This section also allows an
              

audiologist or hearing aid dispenser licensed by an otolaryngologist who
has conducted a medical evaluation of hearing loss in the county of
Westchester to provide a list of five hearing aid dispensers and a
disclosure stating that the otolaryngologist's office will receive a
profit from the sale of any hearing aid device.

Section 2 provides the effective date.

 
JUSTIFICATION:

In 2009, Consumer Reports magazine reported the best providers of hear-
ing aids (apart from Veteran Affairs facilities) are medical offices
headed by otolaryngologists, better known as Ear Nose-and-Throat doctors
(ENT's) that employ audiologists to fit and dispense hearing aids.
However, under existing New York law, otolaryngologists/ENT's are not
allowed to sell hearing aids to consumers for any meaningful profit.
Conversely, independently practicing audiologists and hearing aid
dispensers, including at big box stores, are allowed to dispense hearing
aids at any rate of profit.

Audiologists are often employed by otolaryngologists and have received
significant training in providing services to hearing-impaired patients.
Hearing aid dispensers, acting in the context of an otolaryngologist's
office have training and oversight that can meaningfully improve patient
experience. Accordingly, audiologists and hearing aid dispensers should
be allowed to dispense and repair hearing aids in the same (and indeed
improved) way as others who are already authorized to do so.

Currently, independently practicing audiologists and hearing aid dispen-
sers are allowed to dispense hearing aids for a full profit.  This bill
would extend this same treatment to audiologists and hearing aid dispen-
sers who work in an otolaryngologist's/ENT's office through a pilot
program in the county of Westchester. This will allow patients to see
fewer doctors and specialists, saving them time, expenses and co-pay-
ments. Any otolaryngology office that employs an audiologist or hearing
aid dispenser and also sells hearing aids would be required to disclose
a list of 5 other licensed hearing aid dispensers within their respec-
tive county as well as disclose that there will be a profit made from
the sale of the device. This will ensure consumers are aware of their
choices.

 
LEGISLATIVE HISTORY:

A.8163, 2019 and 2020, referred to higher education / S5131 Harckham,
2019 and 2020, passed senate

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall become
law and shall expire and be deemed appealed 5 years after such date.