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Groups Call Warren's Hearing Aid Bill a 'Big Government Ploy' to Increase Regulation

Letter warns of hidden consequences of bill to make hearing aids available over-the-counter

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May 9, 2017

More than 20 conservative organizations stated their opposition to proposed legislation from Sen. Elizabeth Warren (D., Mass.) that would make hearing aids available over-the-counter, calling it a "big government ploy to create more regulations."

The opposition was stated in a letter to Republican senator Lamar Alexander (Tenn.), who chairs the Health, Education, Labor, and Pensions Committee that is set to review the legislation on Wednesday. The groups, led by Frontiers of Freedom, the National Black Chamber of Commerce, and the Conservative Leadership PAC, say that the legislation will make sound amplification devises "more expensive and highly regulated."

The groups argue that the legislation would pull all personal sound amplification products (PSAPs), which can currently be bought at a variety of stores by customers without medical hearing loss, into the highly regulated hearing-aid category.

"Anyone can buy these devices," the letter states. "They simply amplify sound—not for people with medical hearing loss—but for those who want to amplify sound. Some use them for bird watching."

"The bottom line is that PSAPs are not medical hearing aids and they don't need to be regulated like medical hearing aids," it states.

The letter argues that transitioning PSAPs to over-the-counter products could lead companies to mislead consumers into thinking that they were offering "some big, new innovation."

"Sen. Warren wants to subjects PSAPs to FDA regulation and explicitly lock states out of any role in the process, and then designate these PSAPs as available 'over-the-counter' as if that were some big, new innovation—conveniently failing to mention that they are already available to anyone at thousands of stores."

"Some companies believe that they can make more money selling PSAPs if they were regulated because that would make them seem more 'big time' and 'high tech' and make them seem more like medical hearing aids," the letter argues. "That would allow them to charge more and give them new marketing material."

Technology giants such as Samsung, Panasonic, Apple, and Bose are reportedly readying new products to release if the legislation passes.

Silicon Valley start-ups have also been preparing for the change for months, with one major executive stating that the health hearing space "is where we feel like there is the biggest opportunity for disruption." Tech companies are lobbying Washington, D.C., for the change.

Sen. Warren's office didn't respond to inquiries regarding the letter sent to Alexander.

The letter also argues that the legislation would irresponsibly be pushing hearing-impaired patients away from seeking professional help, which could result in them being treated improperly.

"PSAPs are different from medical hearing aids in that hearing aids are designed for people who have medically measurable hearing loss and require a doctor to help determine the cause of the hearing loss and the most appropriate way to correct the problem," the groups write.

"All hearing loss isn't the same. So doctors play an appropriate role in helping the patient find and tailor the right solution."