Sec. 134402. Providing coverage for hearing care under the Medicare program

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Section 1861(ll)(3) of the Social Security Act ( 42 U.S.C. 1395x(ll)(3) ) is amended by inserting (and, beginning October 1, 2023, such aural rehabilitation and treatment services) after assessment services . Section 1861(s)(8) of the Social Security Act ( 42 U.S.C. 1395x(s)(8) ) is amended by inserting , and including hearing aids (as described in section 1834(h)(7)) furnished on or after October 1, 2023, to individuals diagnosed with profound or severe hearing loss before the semicolon at the end.

Section 1834(h) of the Social Security Act ( 42 U.S.C. 1395m(h) ), as amended by section 134401(e)(2)(A), is further amended by adding at the end the following new paragraph: Payment may be made under this part with respect to an individual, with respect to hearing aids furnished on or after October 1, 2023— not more than once during a 5-year period; only for types of such hearing aids that are not over-the-counter hearing aids (as defined in section 520(q)(1) of the Federal Food, Drug, and Cosmetic Act) and that are determined appropriate by the Secretary; and only if furnished pursuant to a written order of a physician or qualified audiologist (as defined in section 1861(ll)(4)(B)).

There shall be no administrative or judicial review under section 1869 or otherwise of— the determination of the types of hearing aids paid for under subparagraph (A)(ii); or the determination of fee schedule rates for hearing aids described in this paragraph. . Section 1834(h)(1)(H) of the Social Security Act ( 42 U.S.C. 1395m(h)(1)(H) ), as amended by section 134401(e)(2)(B)(i), is further amended— in the header, by inserting after , hearing aids ; dentures by inserting , of hearing aids described in paragraph (2)(E) of such section, after paragraph (2)(D) of such section ; and in clause (i), by inserting , such hearing aids after such dentures .

Section 1847(a)(2) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(2) ), as amended by section 134401(e)(2)(B)(ii), is further amended by adding at the end the following new subparagraph: Hearing aids described in section 1861(s)(8) for which payment would otherwise be made under section 1834(h). . Section 1847(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(7) ), as amended by section 134401(e)(2)(B)(iii), is further amended by adding at the end the following new subparagraph:

Those items and services described in paragraph (2)(E) if furnished by a physician or other practitioner (as defined by the Secretary) to the physician’s or practitioner’s own patients as part of the physician’s or practitioner’s professional service. . Section 1842(b)(18)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(18)(C) ), as amended by section 134401(d)(4), is further amended by adding at the end the following new clause: Beginning October 1, 2023, a qualified audiologist (as defined in section 1861(ll)(4)(B)). .

Section 1862(a)(7) of the Social Security Act ( 42 U.S.C. 1395y(a)(7) ) is amended by inserting (except such hearing aids or examinations therefor as described in and otherwise allowed under section 1861(s)(8)) after hearing aids or examinations therefor . The last sentence of section 1839(a)(1) of the Social Security Act ( 42 U.S.C. 1395r(a)(1) ), as added by section 134401(g)(1), is amended by striking section 134401 (other than subsection (g)) and inserting sections 134401 (other than subsection (g)), 134402 (other than subsection (d)) .

Paragraph

(4)of section 1844(a) of such Act ( 42 U.S.C. 1395w(a) ), as added by section 134401(g)(2), is amended by striking section 134401 (other than subsection (g)) and inserting sections 134401 (other than subsection (g)), 134402 (other than subsection (d)) . In addition to amounts otherwise available, the Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t ) to the Centers for Medicare & Medicaid Services Program Management Account of— $20,000,000 for each of fiscal years 2022 through 2023 for purposes of implementing the amendments made by this section; and such sums as determined appropriate by the Secretary for each subsequent fiscal year for purposes of administering the provisions of such amendments. Funds transferred pursuant to subparagraph

(A)shall remain available until expended and may be used, in addition to the purpose specified in subparagraph (A)(i), to implement the amendments made by sections 134401 and 134403. Notwithstanding any other provision of law, the Secretary may implement, by program instruction or otherwise, any of the provisions of, or amendments made by, this section. Chapter 35 of title 44, United States Code, shall not apply to the provisions of, or the amendments made by, this section.

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