Did you know?
16% of Massachusetts's population has some form of hearing loss.
Current consumer protection action
Massachusetts SB 179: This measure is applicable to licensed physicians in the state
Summary: This measure is applicable to licensed physicians in the state.
This measure establishes that no physician may sell hearing aids or have a direct or indirect membership, employment, co-ownership, or proprietary interest in or with a business which sells hearing aids to, a person to whom such physician has provided services. This restriction does not apply to an otolaryngologist or a nonprofit or charitable organization, clinic, hospital or health care facility which sells hearing aids that are dispensed by a licensed audiologist or hearing instrument specialist.
This measure requires that an audiologist or otolaryngologist who both provides services and sells a hearing aid to a person must disclose to the prospective purchaser before the sale of the hearing aid the fees for the services and the terms of the prospective sale of the hearing aid, including a written estimate of the total purchase price: cost of the hearing aid, earmold, any batteries or accessories, any service costs, and inform the prospective purchaser of his right to obtain a hearing aid from a different source.
This measure prevents an audiologist or hearing instrument specialist from dispensing or selling hearing aids when employed by or affiliated with an otolaryngologist.
This measure takes effect 90 days after enactment.
Status: 1st Chamber
Outlook: On January 25 the committee report was released. This measure was reported favorably from committee by an undisclosed vote with an amendment. The amended version of this measure is HB 4275.
HB 4275 will be the vehicle for this measure going forward
Massachusetts HB 4275: The measure relates to the regulations related to the sale of hearing aids
Summary: The measure relates to the regulations related to the sale of hearing aids by physicians, audiologists, and otolaryngologists.
Provides that physicians are prohibited from selling hearing aids directly or having financial interests in businesses that sell hearing aids to individuals they have provided services to.
However, this restriction does not apply to otolaryngologists or certain nonprofit/charitable organizations.
Audiologists and otolaryngologists selling hearing aids must disclose service fees, provide a written estimate of the total purchase price, and inform buyers of their right to obtain hearing aids from other sources.
Clarifies that audiologists and hearing instrument specialists can dispense or sell hearing aids when employed or affiliated with an otolaryngologist.
The measure takes effect 90 days after enactment.
Status: 1st Chamber
Outlook: This measure was accompanied by HB 1024. On April 18 the committee report was released. This measure was reported favorably from Joint Committee Health Care Financing by an undisclosed vote and was referred to House Ways and Means Committee.
This measure will be considered with HB 1024 going forward and awaits further consideration in the House Ways and Means Committee.
The measure is the new draft for HB 294.
Past consumer protection action
January 14, 2022. NAAG Responds to FDA’s Comment Request on New Over-The-Counter Hearing Aid Rules.
“In response to a request for comments from the Food and Drug Administration (FDA) regarding new rules regulating over-the-counter hearing aids, NAAG submitted comments encouraging the FDA to take the below steps to ensure that states maintain a role as regulators in this emerging market.”