BILL ANALYSIS SENATE HEALTH AND HUMAN SERVICES COMMITTEE ANALYSIS Senator Deborah V. Ortiz, Chair BILL NO: AB 1914 A AUTHOR: Kehoe B AMENDED: April 17, 2002 HEARING DATE: June 19, 2002 1 FISCAL: Appropriations 9 1 CONSULTANT: 4 Matosantos / bjs SUBJECT Hearing aids. SUMMARY Provides one hearing aid assessment within a 12-month period as a Medi-Cal benefit. Codifies Medi-Cal regulations relating to the coverage of hearing aids. ABSTRACT Existing law: 1.Establishes the Medi-Cal program, administered by the Department of Health Services, to provide comprehensive health care benefits to qualified low-income, aged, blind, and disabled individuals. 2.Establishes a Medi-Cal schedule of covered benefits, which includes hearing aids as a covered benefit, subject to utilization controls. 3.Licenses and regulates hearing aid dispensers to fit and sell hearing aids, and defines the practice of fitting and selling hearing aids as those practices used for the Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1914 (Kehoe) Page 2 purpose of selection and adaptation of hearing aids, including the testing of hearing in connection with fitting and selling hearing aids. 4.Specifies that hearing tests conducted by hearing aid dispensers include those that are specifically covered in the hearing aid dispenser licensing examination. Prohibits hearing aid dispensers from conducting diagnostic hearing tests when conducting tests in connection with the fitting and selling of hearing aids. 5.Licenses and regulates audiologists and defines the practice of audiology to include, among other things, the application of methods and procedures of measurement, testing and appraisal of auditory functions, and identifying and rehabilitating auditory disorders, including hearing aid recommendation and evaluation procedures. 6.Prohibits an individual from fitting or selling hearing aids unless he or she is a licensed hearing aid dispenser, with the exception that a licensed audiologist may conduct hearing aid fitting procedures as long as the audiologist does not directly or indirectly engage in the sale of hearing aids. This bill: 1.Provides one hearing aid assessment within a 12-month period as a Medi-Cal benefit. Specifies that only the first valid claim for a hearing aid assessment shall be reimbursed unless additional assessments are deemed medically necessary. 2.Codifies existing Medi-Cal regulations. Specifically, it codifies the following: a. Provides hearing aids as a covered benefits when supplied by a hearing aid dispenser on prescription of an otolaryngologist, or the attending physician where there is no otolaryngologist available in the community. b. Requires an audiological evaluation, performed by or under the supervision of the attending physician or by a licensed audiologist. Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1914 (Kehoe) Page 3 c. Requires a complete ear, nose and throat examination performed by a physician or an otolaryngologist prior to prescription of a hearing aid. 1.Requires, prior to coverage, a hearing aid assessment to be performed by the dispensing practitioner; 2.Requires coverage to be based on the results of the examination, evaluation and assessment required by this bill. FISCAL IMPACT According to the Assembly Appropriations Committee analysis, minor costs, if any, to Medi-Cal to authorize reimbursement to hearing aid dispensers for a hearing aid assessment. These services are currently reimbursed by Medi-Cal if performed by an audiologist or physician. If both an audiologist and dispenser perform an assessment in a 12-month period, Medi-Cal would pay for only one assessment, unless additional assessments are medically necessary. All hearing aid services would remain subject to Medi-Cal utilization review controls. BACKGROUND AND DISCUSSION This measure codifies existing regulations governing the provision of hearing aids under the Medi-Cal program. It also provides reimbursement of an annual hearing aid assessment and includes hearing aid dispensers within the group of professionals that can conduct a reimbursable hearing aid assessment. Supporters of the bill argue that hearing aid dispensers currently administer hearing aid assessments under their scope of practice and should receive reimbursement for assessments performed on Medi-Cal beneficiaries. Persons with hearing loss generally have a medical evaluation by a licensed physician to assure that medical conditions affecting hearing are treated before purchase of a hearing aid. Following this initial evaluation, a physician, an audiologist or a hearing aid dispenser tests the ability of the patient to hear with and without a hearing aid. Currently, Medi-Cal provides reimbursement Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1914 (Kehoe) Page 4 for evaluations only when a physician or audiologist performs the evaluation. Hearing aid dispensers are currently licensed to perform hearing aid assessments for reimbursement on non-Medi-Cal patients. According to Hearing Healthcare Providers the following entities accept hearing tests conducted by dispensers: Blue Cross, Blue Shield, CalPERS, PERS Care, Operating Engineers, Workers Compensation, Public Utilities Commission, United Health Care, Cal-Optima, St. Jude & St Joseph Mission Network, Scan, Allnet, Family/General Practice Physicians, and Ear, Nose and Throat Physicians. Medi-Cal does not accept results of evaluations conducted by dispensers. Supporters argue that Medi-Cal beneficiaries with hearing problems may have to visit a physician or audiologist for an evaluation and then go to a hearing aid dispenser for a hearing aid. Visiting additional providers can delay the receipt of a hearing aid, pose added transportation challenges and conflict with work responsibilities. Furthermore, the lack of reimbursement for assessments conducted by a licensed hearing aid dispensers may be a barrier to accessing care especially in areas where there is a limited number of audiologists who serve Medi-Cal patients. Currently, there are 4,161 licensed hearing aid dispensers in California, 1527 are practicing. There are 2194 licensed audiologists, 1380 of them are practicing. In 2001, Medi-Cal records indicate there were 18,000 hearing aid evaluations costing $940,000 and 15,000 hearing aids dispensed at a cost of $9,600,000 in the fee-for-service segment of Medi-Cal, which makes up approximately 2/3 of Medi-Cal enrollees. Medi-Cal regulations require requests for authorization for hearing aids to include the results of the following tests: a. Pure tone air conduction threshold and bone conduction tests of each ear, at 500, 1,000, 2,000, 3,000 and 4,000 Hertz with effective masking as indicated; and, b. Speech tests, aided and unaided, including Speech Reception Threshold (SRT) using Spondee words, a Word Discrimination Score derived from testing at 40 Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1914 (Kehoe) Page 5 decibels above the SRT or at the Most Comfortable Loudness using standard discrimination words lists utilizing either recorded or live voice, and Sound Field Aided and Unaided Speech Scores. Hearing aid dispensers are permitted under their scope of practice to conduct testing of hearing in connection with the fitting and selling of hearing aids. Hearing tests conducted by hearing aid dispensers include those that are specifically covered in the hearing aid dispenser licensing examination. According to the handbooks prepared by the Hearing Aid Dispensers Bureau which prepare candidates for the written and practical examinations, hearing aid dispenser candidates are tested on various assessments and procedures, including the following: a. Establishing pure tone air and pure tone bone thresholds; and, b. Measuring characteristics of client's hearing with pure tone and speech audiometric tests, including establishing unmasked speech reception thresholds for spondaic words/Spondees, establishing masked speech reception thresholds, determining masked and unmasked speech discrimination scores, and establishing most comfortable listening level for speech and/or pure tones. Currently, the Medi-Cal program provides reimbursement for hearing aid assessments or evaluations performed by physicians or a licensed audiologist. This measure would approve reimbursement of hearing aid assessments performed by licensed hearing aid dispensers acting within their scope of practice. The American Academy of Otolaryngology - Head and Neck Surgery writes in support. They state that hearing aid dispensers are required and licensed to perform the hearing aid assessments for many patients, including most HMO and fee-for-service patients. This bill does not expand the scope of practice of the dispenser, it simply provides reimbursement for the same assessments when delivered to Medi-Cal beneficiaries. The California Medical Association supports this bill for similar reasons. Numerous licensed hearing aid dispensers write in support. Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 1914 (Kehoe) Page 6 They argue that this measure will increase access to hearing aids for Medi-Cal beneficiaries particularly in areas where there is a shortage of audiologist to perform the required testing. They assert that acceptance by Medi-Cal of tests performed by hearing aid dispensers could greatly reduce the time it takes clients to have their hearing tested. Previous legislation: AB 1480 (Aanestad) of 2001, was similar to prior versions of this bill. It would have permitted hearing aid dispensers to perform the evaluation necessary for Medi-Cal coverage of a hearing aid. AB 1480 was held by the Assembly Appropriations Committee. AB 1298, (Firebaugh) of 1999, would have required Medi-Cal coverage for hearing aids to include coverage for any necessary hearing tests, whether performed by a physician, a licensed audiologist, or a licensed hearing aid dispenser, when acting within his or her scope of practice. AB 1298 was never voted on in the Assembly. PRIOR ACTIONS Assembly Floor: 74 - 2 Pass Assembly Appropriations: 21 - 1 Do Pass Assembly Health: 14 - 0 Do Pass Continued--- POSITIONS Support: Hearing HealthCare Providers/California (sponsor) American Academy of Otolarynogology - Head and Neck Surgery California Medical Association 17 individuals Oppose: Children's Hospital and Health Center Oliver Audiology and Hearing Aid Services San Diego Hearing Center Tracy Family Hearing Center 2 individuals -- END -- Continued---