II 111th CONGRESS 1st Session S. 1837 IN THE SENATE OF THE UNITED STATES October 22, 2009 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to cover hearing aids and auditory rehabilitation services under the Medicare Program.

1.

Short title

This Act may be cited as the Medicare Hearing Enhancement and Auditory Rehabilitation (HEAR) Act of 2009.

2.

Medicare coverage of hearing aids and auditory rehabilitation services

(a)

Coverage of hearing aids

(1)

Elimination of exclusion from coverage

Section 1862(a)(7) of the Social Security Act (42 U.S.C. 1395y(a)(7)) is amended by striking hearing aids or examinations therefor,. (2)

Coverage of hearing aids

The Secretary of Health and Human Services shall establish national coverage determinations for hearing aids under title XVIII of the Social Security Act based on the coverage offered by other Federal benefit programs, such as the Department of Veterans Affairs and Department of Defense, in consultation with hearing health professionals and trade organizations. (b)

Coverage of auditory rehabilitation services

(1)

In general

Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended— (A)in subsection (s)(2)— (i)in subparagraph (DD), by striking and at the end; (ii)in subparagraph (EE), by adding and at the end; and (iii)by adding at the end the following new subparagraph: (FF)auditory services (as defined in subsection (ll)(2)); ; and (B)in subsection (ll)(2), by inserting and such rehabilitation and treatment services after hearing and balance assessment services. (2)

Conforming payment amendment

Section 1848(j)(3) of such Act (42 U.S.C. 1395w–4(j)(3)) is amended by inserting (2)(FF), after (2)(EE),. (c)

Effective date

The amendments made by this section shall apply to items and services furnished on or after January 1, 2010.