Assembly Bill A11307

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11307
 
                           I N  A S S E M B L Y
 
                               May 11, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Blumencranz)
   --  read  once  and  referred to the Committee on Consumer Affairs and
   Protection
 
 AN ACT to amend the general business law, in relation to enhancing hear-
   ing aid access, affordability, and innovation for persons ages 62  and
   older while ensuring quality through free-market-driven reforms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "golden age hearing access act".
   §  2. Section 798 of the general business law is amended by adding ten
 new subdivisions 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30 to  read  as
 follows:
   21.  ALL  HEARING  AID DISPENSERS SHALL OFFER PRODUCTS TO PERSONS AGES
 SIXTY-TWO AND OLDER AT PRICES REFLECTING THE BEST AVAILABLE TERMS  UNDER
 MOST-FAVORED NATION PRICING AGREEMENTS WITH MANUFACTURERS.
   (A) "MOST-FAVORED NATION PRICING" SHALL MEAN CONTRACTUAL TERMS REQUIR-
 ING  HEARING AID MANUFACTURERS DOING BUSINESS IN NEW YORK STATE TO OFFER
 THEIR BEST PRICING TO PERSONS AGES SIXTY-TWO AND  OLDER,  ENSURING  THEY
 RECEIVE THE LOWEST AVAILABLE PRICES.
   (B)  MANUFACTURERS  SHALL CERTIFY ANNUALLY TO THE SECRETARY COMPLIANCE
 WITH MOST-FAVORED NATION PRICING PROVISIONS.
   (C) DISPENSERS AND  MANUFACTURERS  SHALL  DISCLOSE  PRICING  AND  COST
 STRUCTURES  TO  THE  DIVISION  OF CONSUMER PROTECTION FOR PUBLIC REVIEW.
 PROPRIETARY INFORMATION SHALL  REMAIN  CONFIDENTIAL,  BUT  SUMMARY  DATA
 SHALL BE PUBLISHED FOR PERSONS AGES SIXTY-TWO AND OLDER'S AWARENESS.
   (D) A FINE OF UP TO TEN THOUSAND DOLLARS PER VIOLATION FOR MANUFACTUR-
 ERS  OR  DISPENSERS  FOUND  IN  BREACH  OF  MOST-FAVORED  NATION PRICING
 PROVISIONS.  SUSPENSION OR REVOCATION OF LICENSES FOR REPEAT OFFENDERS.
   22. HEARING  AID  DISPENSERS  MAY  UTILIZE  THIRD-PARTY  SERVICES  FOR
 AUDIOMETRIC TESTING, PROVIDED THE THIRD-PARTY COMPLIES WITH STATE STAND-
 ARDS.  DISPENSERS SHALL DISCLOSE TO PERSONS AGES SIXTY-TWO AND OLDER THE
 OPTION TO SEEK INDEPENDENT AUDIOMETRIC TESTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15762-01-6
              

 A. 11307                            2
 
   23. A REGULATORY SANDBOX SHALL ALLOW HEARING AID DISPENSERS  TO  PILOT
 INNOVATIVE SERVICE MODELS WITH SAFEGUARDS FOR PERSONS AGES SIXTY-TWO AND
 OLDER,  RESULTING IN A REDUCTION OF BUREAUCRATIC REQUIREMENTS FOR ENTRY-
 LEVEL DISPENSERS TO ENCOURAGE COMPETITION.
   24.  HEARING AID DISPENSERS MAY USE TELEHEALTH PLATFORMS FOR CONSULTA-
 TIONS  AND  FITTINGS,  PROVIDED  THEY  COMPLY  WITH  PRIVACY  STANDARDS.
 PERSONS AGES SIXTY-TWO AND OLDER SHALL BE INFORMED OF TELEHEALTH OPTIONS
 AND IN-PERSON ALTERNATIVES.
   25.  THE  REQUIREMENT  FOR  A  PHYSICAL OFFICE LOCATION FOR DISPENSERS
 SHALL BE REVIEWED BIENNIALLY AND REPEALED IF DEEMED UNNECESSARY  DUE  TO
 ADVANCES IN TELEHEALTH.
   26.  THE DIVISION OF CONSUMER PROTECTION SHALL MAINTAIN A PUBLIC DATA-
 BASE OF DISPENSERS AND THEIR COMPLIANCE RECORDS. A "HEARING AID CONSUMER
 RIGHTS HANDBOOK" SHALL BE DISTRIBUTED  TO  ALL  PROSPECTIVE  USERS  AGES
 SIXTY-TWO AND OLDER, OUTLINING THEIR RIGHTS UNDER STATE LAW.
   27.  HEARING AID DISPENSERS AND MANUFACTURERS IMPLEMENTING COST-REDUC-
 TION PROGRAMS FOR PERSONS AGES SIXTY-TWO  AND  OLDER  WILL  QUALIFY  FOR
 STATE  TAX  CREDITS EQUIVALENT TO FIVE PERCENT OF THEIR PROGRAM EXPENDI-
 TURES, CAPPED AT ONE MILLION DOLLARS ANNUALLY PER ENTITY.
   28. PERSONS AGES SIXTY-TWO AND OLDER PURCHASING HEARING AIDS MAY CLAIM
 A STATE INCOME TAX DEDUCTION OF UP TO TWO THOUSAND FIVE HUNDRED  DOLLARS
 ANNUALLY PER HEARING AID DEVICE.
   29.  A  FIVE  MILLION DOLLAR ANNUAL GRANT PROGRAM SHALL BE ESTABLISHED
 FOR SMALL BUSINESSES DEVELOPING  INNOVATIVE  HEARING  AID  TECHNOLOGIES.
 PRIORITY SHALL BE GIVEN TO PROPOSALS THAT DEMONSTRATE SCALABILITY, TECH-
 NOLOGICAL  INNOVATION,  RELIANCE  ON  NEW  YORK  STATE ECONOMY, AND COST
 REDUCTIONS FOR PERSONS AGES SIXTY-TWO AND OLDER.
   30. THE SECRETARY SHALL SUBMIT AN ANNUAL REPORT TO  THE  GOVERNOR  AND
 THE  LEGISLATURE  ON THE EFFECTIVENESS OF THE REFORMS, INCLUDING COMPLI-
 ANCE RATES, COST SAVINGS, AND PERSONS AGES SIXTY-TWO AND OLDER SATISFAC-
 TION METRICS.
   § 3.  Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgement shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  part  thereof  directly  involved  in  the controversy in which such
 judgement shall have been rendered. It is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions has not been included.
   § 4. This act shall take effect immediately.