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A195Assembly2017-2018 SessionSame asS2583

Let Audiologists Sell Hearing Aids

Official title

“Authorizes dispensing audiologists, employed by an otolaryngologist who has conducted an evaluation for hearing loss, to dispense hearing aids for a profit”

Sponsor David BuchwaldAD-93+26 co-sponsorsAffects Education
Status
In Assembly Committee
Higher Education
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Higher Education

What's happening

This bill allows certain audiologists employed by otolaryngologists to sell hearing aids for profit if specific disclosure and referral requirements are met.

Why it matters

  1. Expands patient choice. by requiring otolaryngologists to give patients a list of at least five alternative hearing aid dispensers in the county (or fewer if less exist), helping ensure patients are aware of other local options before purchasing a hearing aid through the audiologist in the physician's office.

  2. Mandates clear financial disclosure. so patients are explicitly informed in writing that the otolaryngologist’s office will profit from the sale of a hearing aid, increasing transparency about potential conflicts of interest.

  3. Creates a regulated exception to a longstanding anti-profiteering rule. for audiologists employed by otolaryngologists, which could affect the business models of medical practices and hearing aid providers, and potentially influence how and where patients obtain hearing aids.

  4. May impact market competition and access. , as the rule could allow more convenient, one-stop shopping for patients but also risks steering patients toward in-house sales if disclosures and referral lists are not meaningfully engaged with by patients.

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Who cares

Headline styles

Let Audiologists Sell Hearing Aids

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Buchwald

Assembly Member · Assembly District 93

History

  1. Referred to higher education
  2. Print number 195a
  3. Amend (t) and recommit to higher education
  4. Referred to higher education

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2583Senate

Let Audiologists Sell Hearing Aids

In Senate Committee · Consumer Protection · Sponsor Betty Little

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

195--A

2017-2018 Regular Sessions

IN ASSEMBLY (Prefiled)

January 4, 2017

Introduced by M. of A. BUCHWALD, ABINANTI, SIMON, SKOUFIS, PALUMBO, FRIEND, GALEF, GUNTHER, ARROYO, CRESPO, QUART, SEAWRIGHT, DILAN, TITONE, FINCH, McDONOUGH, LIFTON, FAHY, JAFFEE, PAULIN, PICHARDO, STECK, BLAKE, ENGLEBRIGHT, RA, CYMBROWITZ, LAWRENCE -- Multi-Sponsored by -- M. of A. ABBATE, COOK, CROUCH, LUPARDO, MAGEE, PRETLOW, SOLAG- ES, THIELE, WALKER -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to permitting certain audiologists to dispense hearing aids for a profit

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 802 of the general business law, as added by chapter 599 of the laws of 1998, subdivision 1 as designated and subdivision 2 as added by chapter 301 of the laws of 2000, is amended to read as follows:

§ 802. Special provisions; not-for-profit sales. 1. [No] Except as provided in subdivision three of this section, no otolaryngologist or other licensed physician who has conducted a medical evaluation of hearing loss shall engage in the business of dispensing hearing aids for a profit. No otolaryngologist or other licensed physician who has dispensed a hearing aid shall refuse or fail to perform repairs or service on any hearing aid that they have dispensed.

2. Every licensed physician who engages in the dispensing of hearing aids in compliance with the provisions of this section shall be required to comply with sections seven hundred ninety-one, seven hundred ninetyeight and eight hundred three of this article, in addition to compliance with this section.

3. An audiologist licensed under article one hundred fifty-nine of the education law who is a hearing aid dispenser and is employed by an

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01686-02-7

A. 195--A 2

otolaryngologist who has conducted a medical evaluation of hearing loss, may dispense hearing aids for profit provided that the otolaryngologist who has conducted a medical evaluation of hearing loss provides to the patient a list containing the name and office location of five hearing aid dispensers with a place of business located within the same county in which the otolaryngologist's office is located, and a written statement disclosing that the otolaryngologist's office will receive a profit from the sale of any hearing aid device. In the event that there exist fewer than five hearing aid dispensers within the same county in which the otolaryngologist's is located, then the otolaryngologist must provide to the patient a list containing the name and office location of the hearing aid dispensers with a place of business within the county in which the otolaryngologist's office is located.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.