NY State Senate Bill 2019-S5131

Senate Bill S5131

2019-2020 Legislative Session

Establishing a pilot program for the dispensing of hearing aids in the county of Westchester

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health returned to senate died in assembly
Jun 05, 2019	referred to higher education delivered to assembly passed senate
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.625
Apr 10, 2019	referred to health

Votes

- Jun 5, 2019 - Floor Vote
  S5131
  
  44
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2019
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Serino
      
      Seward
      
      Tedisco
  May 7, 2019 - Health Committee Vote
  S5131
  
  12
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 7, 2019
      
      aye (12)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      aye wr (3)
      
      Antonacci
      
      Gallivan
      
      Jacobs

co-Sponsors

2019-S5131 (ACTIVE) - Details

See Assembly Version of this Bill:: A8163
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 17 §1700, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5597, A6022
2023-2024: S2697, A2478

2019-S5131 (ACTIVE) - Summary

Establishes a pilot program for the dispensing of hearing aids in the county of Westchester.

2019-S5131 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5131

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing a pilot program for the dispensing of hearing aids in the
county of Westchester; and providing for the repeal of such provisions
upon expiration thereof

 
PURPOSE:

This bill would create a pilot program in the county of Westchester to
allow licensed audiologists or hearing aid dispensers employed by an
otolaryngologist to sell hearing aids for profit.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 17 to the public health law.

Section 2 provides the effective date.

JUSTIFICATION:

In 2009, Consumer Reports magazine reported the best providers of hear-
ing aids (apart from Veteran Affairs facilities) are medical offices
headed by otolaryngologists, better known as Ear Nose-and-Throat doctors
(ENT's) that employ audiologists to fit and dispense hearing aids.
However, under existing law, otolaryngologists/ENT's are not allowed to
sell hearing aids to consumers for any meaningful profit.  Conversely,
independently practicing audiologists, including at big box stores, are
allowed to dispense hearing aids at any rate of profit.

Audiologists are often employed by otolaryngologists and have received
significant training in providing services to hearing-impaired patients.
Accordingly, audiologists should be allowed to dispense and repair hear-
ing aids in the same and indeed improved) way as others who are already
authorized to do so.

Currently, independently practicing audiologists and hearing aid dispen-
sers are allowed to dispense hearing aids for a full profit. This bill
would extend this same treatment to audiologists who work in an
otolaryngologists/ENTs office through a pilot program in the county of
Westchester. This will allow patients to see fewer doctors and special-
ists, saving them time, expenses and co-payments. Any otolaryngology
office that employs an audiologist and also sells hearing aids would be
required to disclose a list of 5 other licensed hearing aid dispensers
within their respective county as well as disclose that there will be a
profit made from the sale of the device.  This will ensure consumers are
aware of their choices.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall become
law.

2019-S5131 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5131
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   pilot  program  for  the  dispensing  of hearing aids in the county of
   Westchester; and providing for the  repeal  of  such  provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding a new article 17
 to read as follows:
 
                                ARTICLE 17
             DISPENSING OF HEARING AIDS; COUNTY OF WESTCHESTER
 SECTION 1700. DISPENSING OF HEARING AIDS; COUNTY OF WESTCHESTER.
   § 1700. DISPENSING OF HEARING AIDS;  COUNTY  OF  WESTCHESTER.  1.  THE
 COUNTY  OF  WESTCHESTER  SHALL  ESTABLISH AND IMPLEMENT AN COMPREHENSIVE
 PILOT PROGRAM TO PROVIDE FOR THE DISPENSING OF HEARING AIDS PURSUANT  TO
 THE  PROVISIONS OF THIS SECTION. SUCH PILOT PROGRAM SHALL CONTINUE FOR A
 PERIOD OF FIVE YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND NINETEEN THAT ADDED THIS ARTICLE.
   2. AN AUDIOLOGIST OR HEARING AID DISPENSER LICENSED UNDER ARTICLE  ONE
 HUNDRED  FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN OTOLARYNGOLOGIST
 PRACTICING OTOLARYNGOLOGY IN THE COUNTY OF WESTCHESTER 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 COUNTY OF WESTCHESTER AND A WRITTEN STATE-
 MENT DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT
 FROM THE SALE OF ANY HEARING AID DEVICE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law and shall expire and be deemed repealed 5 years after
 such date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11146-01-9

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Senate Bill S5131

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Sponsored By

Pete Harckham