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Referenced Laws
42 U.S.C. 1395x(s)(2)
42 U.S.C. 1395y(a)
Section 1
1. Short title This Act may be cited as the Help Extend Auditory Relief Act of 2025 or the HEAR Act of 2025.
Section 2
2. Medicare coverage of hearing rehabilitation Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended— in subparagraph (JJ) by adding and at the end; and by adding at the end the following new subparagraph: aural rehabilitation services (as described in subsection (nnn)(1)(A)); 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 (nnn)(3)) before the period. Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: The term hearing rehabilitation means— 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 hearing aids (as defined in paragraph (3)). The services described in this subparagraph include— aural rehabilitation services; 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 a threshold test to determine audio acuity. 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). 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, but does not include an over-the-counter hearing aid (as defined in section 520(q)(1) of the Federal Food, Drug, and Cosmetic Act). The services described in this subparagraph include— audiology services (as defined in subsection (ll)(2)); a hearing aid assessment to determine the appropriate hearing aid for the individual; procurement of an appropriate hearing aid; initial fitting and adjustment of the hearing aid; appropriate instruction on the use of the hearing aid; periodic refittings and adjustments; and rehabilitation, including counseling on hearing loss, speech reading, and auditory training. The individuals described in this subparagraph— 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; have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and 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. Section 1861(ll)(3) of the Social Security Act (42 U.S.C. 1395x(ll)(3)) is amended by inserting and rehabilitation after balance assessment. Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended— in paragraph (1)— in subparagraph (O), by striking and at the end; in subparagraph (P); by striking the semicolon at the end and inserting , and; and by adding at the end the following new subparagraph: in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(nnn)(3)(D)(ii). in paragraph (7) by striking hearing aids or examinations therefor. 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. (KK)aural rehabilitation services (as described in subsection (nnn)(1)(A));. (nnn)Hearing Rehabilitation(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, but does not include an over-the-counter hearing aid (as defined in section 520(q)(1) of the Federal Food, Drug, and Cosmetic Act).(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.. (Q)in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(nnn)(3)(D)(ii).; and