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  
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            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.

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             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  
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          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  
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               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.   
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          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


















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                                   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





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