AudiologyOnline Phone: 800-753-2160


Sonic Radiant - January 2021

Legal Time Frame for Hearing Evaluations Prior to Hearing Aid Fittings

Bryan Liang, MD, JD, PhD

July 21, 2008

Share:

Question

Is there a law that a patient must have a current audiogram within six months before being fit with a hearing aid? If not, how recently must the audiogram have been performed?

Answer

First, it should be noted that each state has its own requirements as to hearing aids, and generally these requirements vary and are subject to federal laws as well. Audiograms are generally not specifically mentioned, only appropriate evaluations, which would likely include audiograms as the standard of care.

As a general matter, the FDA has jurisdiction over the sale and manufacture of hearing aids as medical devices. It requires that dispensers must obtain a written statement from the patient signed by a licensed physician. It must be dated within the previous six months, state that the patient's ears have been medically evaluated, and state that the patient is cleared for fitting with a hearing aid. A patient can sign a waiver for a medical examination, but dispensers must advise the patient that waiving the examination is not in the patient's best health interest.

State laws vary as to requirements. For example, Virginia law indicates that "Any person engaging in the fitting and sale of hearing aids for a child under 18 years of age shall ascertain whether such child has been examined by an otolaryngologist or licensed physician within six months prior to fitting." Other states have a similar provision. However, Virginia is unusual in that it also specifies in detail the testing that is required. It notes, "It shall be the duty of each licensee ... engaged in the fitting and sale of hearing aids to use appropriate testing procedures for each hearing aid fitting. All tests and case history information must be retained in the records of the specialist. The established requirements shall be:

  1. Air Conduction Tests A.N.S.I. standard frequencies of 500-1000-2000-4000 Hertz. Intermediate frequencies shall be tested if the threshold difference between octaves exceeds 15dB. Appropriate masking must be used if the difference between the two ears is 40 dB or more at any one frequency.


  2. Bone Conduction Tests are to be made on every clientN.S.I. standards at 500-1000-2000-4000 Hertz. Proper masking is to be applied if the air conduction and bone conduction readings for the test ear at any one frequency differ by 15 dB or if lateralization occurs.


  3. Speech testings shall be made before fittings, and shall be recorded with type of test, method of presentation and the test results."

Compare New York State for its Medicaid beneficiaries:

"Hearing Aid Recommendation Requirements"
All recommendations for hearing aids for Medicaid-eligible patients must be in compliance with Article 37 of the NYS General Business Law.

The written recommendation must indicate that the recipient is in need of a hearing aid and include the results of pure tone and speech (clinical) audiometry conducted in a sound treated room and/or test suite meeting the American National Standard Institute's specifications. The otolaryngologist or qualified audiologist may either write a general recommendation for a hearing aid, or prescribe a specific device by indicating manufacturer and model required.

In support of a prescription for a specific hearing aid, sound field speech audiometry or equivalent testing methods must be performed. These tests must be conducted by or under the direction and personal supervision of an otolaryngologist or licensed audiologist. When a specific device is prescribed, the dealer must dispense as written.

When a general recommendation is made, the hearing aid dealer may perform hearing measurements by means of an audiometer or other testing equipment used solely for the purpose of selecting, fitting or dispensing an instrument designed to aid or improve human hearing. Hearing aids must be dispensed within six months of the date of the recommendation."

Hence, state law will dictate what is the appropriate requirement for audiograms as well as other tests for patients, as well as the time frame required, usually six months. However, in the absence of any express notation of audiograms, one must always meet the standard of care.

Bryan A. Liang, M.D., Ph.D., JD is Professor and Director of the Institute of Health Law Studies, California Western School of Law and University of California San Diego School of Medicine, San Diego, CA. His research focus is on the interface of law, health care, and public policy, including ethics, fraud and abuse, and patient safety.


Bryan Liang, MD, JD, PhD

Professor and Director of the Institute of Health Law Studies at the California Western School of Law and the University of California San Diego School of Medicine in San Diego, CA

Bryan A. Liang is Professor and Director of the Institute of Health Law Studies at the California Western School of Law and the University of California San Diego School of Medicine in San Diego, CA. He received his B.S. from the Massachusetts Institute of Technology;his Ph.D. in health policy from the University of Chicago Harris School of Public Policy Studies his M.D. from Columbia University College of Physicians & Surgeons and his J.D. from Harvard Law School. His research focuses upon the interface of how law and health care practice interface, with particular attention to ethics, quality issues, and provider education. He does not have a high school diploma, which may explain a lot.


Related Courses

Innovative Audiologic Care Delivery
Presented by Rachel Magann Faivre, AuD, Lori Zitelli, AuD, Heather Malyuk, AuD, Ben Thompson, AuD
Recorded Webinar
AudiologyOnline

Presenters

Rachel Magann Faivre, AuDLori Zitelli, AuDHeather Malyuk, AuDBen Thompson, AuD
Course: #38661Level: Intermediate4 Hours
  'Nice overview of different techniques'   Read Reviews
This four-course series highlights the next generation of audiology innovators and their pioneering approaches to meeting unmet audiologic needs in their communities and beyond. This peer-to-peer educational series highlights researchers, clinicians, and business owners and their pioneering ideas, care delivery models, and technologies which provide desperately needed niche services and audiologic care.

View this Course for FREE.
Need CEUs? Become a AudiologyOnline member to get unlimited CEUs.

Only $129/yr

Learn More

Empowerment and Behavioral Insights in Client Decision Making, presented in partnership with NAL
Presented by Simon Alperstein, MSc BE, Paola Incerti, MAudiology, AAudA
Recorded Webinar
AudiologyOnline

Presenters

Simon Alperstein, MSc BEPaola Incerti, MAudiology, AAudA
Course: #37124Level: Intermediate1 Hour
  'The information was relevant, and I was able to relate to example given and found the suggestions to address these could be implemented in clinic'   Read Reviews
Behavioral Insights can be used to understand and support hearing health decision-making, particularly in the appointment setting. An overview of empowering the individual's first awareness of hearing loss to hearing aid fitting and then to becoming an active hearing aid user will be covered.

View this Course for FREE.
Need CEUs? Become a AudiologyOnline member to get unlimited CEUs.

Only $129/yr

Learn More

Cognition and Audition: Supporting Evidence, Screening Options, and Clinical Research
Presented by Regina Presley, AuD, FAAA, CCC-A
Recorded Webinar
Cognivue

Presenter

Regina Presley, AuD, FAAA, CCC-A
Course: #37381Level: Introductory1 Hour
  'Well presented and very informative, particularly given that we are in the early stages of implementing Cognivue into our practice'   Read Reviews
The evidence supporting the connection between cognitive health and hearing performance continues to expand, further supporting the need for a cognitive screening tool as part of an audiology clinical practice. This course will provide guidance on cognitive screening options, the benefits and challenges of each, evidence to support the use of each tool, and current clinical research that is underway exploring new technologies, implementation, and clinical outcomes.

View this Course for FREE.
Need CEUs? Become a AudiologyOnline member to get unlimited CEUs.

Only $129/yr

Learn More

Concierge Mobile Audiology: Creating and Sustaining a Successful and Rewarding Practice
Presented by Rachel Magann Faivre, AuD
Recorded Webinar
AudiologyOnline

Presenter

Rachel Magann Faivre, AuD
Course: #38408Level: Introductory1 Hour
  'A lot of good details and visual examples, resources, etc'   Read Reviews
Concierge mobile audiology provides an alternative work environment to working in a traditional clinic. This course provides steps to creating and implementing a successful concierge mobile clinic. This course is part of a four-course series, Destroying the Box: Innovative Audiologic Care Delivery which highlights the next generation of audiology innovators and their pioneering approaches to meeting unmet audiologic needs in their communities and beyond.

View this Course for FREE.
Need CEUs? Become a AudiologyOnline member to get unlimited CEUs.

Only $129/yr

Learn More

20Q: Consumer Reviews Offer Hearing Care Insights
Presented by Vinaya Manchaiah, AuD, MBA, PhD
Text/Transcript
AudiologyOnline

Presenter

Vinaya Manchaiah, AuD, MBA, PhD
Course: #36108Level: Introductory2 Hours
  'Very thorough and gives insight to an aspect of hearing distribution that is often overlooked'   Read Reviews
This engaging Q & A course discusses research about online consumer reviews in hearing healthcare. The discussion includes what audiologists and hearing care professionals can learn from reviews in order to deliver the best possible patient experience and positive outcomes with hearing care.

View this Course for FREE.
Need CEUs? Become a AudiologyOnline member to get unlimited CEUs.

Only $129/yr

Learn More

Our site uses cookies to improve your experience. By using our site, you agree to our Privacy Policy.