Say What? The Affordable Care Act, Medicare, and Hearing Aids

Abstract

One of the most common consequences of aging is hearing loss, representing the third most prevalent chronic medical condition among seniors. Empirical evidence links hearing loss to a variety of other medical conditions, including depression, falls, and cognitive problems. Additionally, there is a demonstrated relationship between hearing loss and dementia. And yet, most insurance programs do not cover the cost of hearing aids. Even Medicare, the federal insurance program for those aged sixty-five and over, statutorily excludes coverage of hearing aids, which cost between $2,000 and $7,000 a pair.The Affordable Care Act (“ACA”), reflecting a radical departure from the goals embodied in the 1965 Medicare law, presents a lens for examining this issue anew. Numerous statutory provisions and the philosophy embodied in the ACA are useful catalysts for reform of the Medicare law. This Article elaborates on one specific provision of the ACA that could be utilized to authorize insurance coverage under the Medicare program. It also addresses other provisions in the ACA, including required preventive screenings and selected “Essential Health Benefits,” that, absent the Medicare exclusion, arguably would provide for such coverage. Acknowledging the tension between the ACA and Medicare law, this Article argues that the ACA is a useful tool for amending the Medicare law and eliminating this antiquated coverage exclusion. Finally, it suggests strategies for effectuating that result.