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2 | 2 | | HOUSE DOCKET, NO. 1260 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 367 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Carole A. Fiola |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to reduce inequities in access to hearing aids. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Carole A. Fiola6th Bristol1/14/2025Lindsay N. Sabadosa1st Hampshire1/15/2025Jessica Ann Giannino16th Suffolk2/13/2025Carlos González10th Hampden2/19/2025Paul McMurtry11th Norfolk1/23/2025Brian W. Murray10th Worcester1/22/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2025Angelo J. Puppolo, Jr.12th Hampden1/21/2025Marcus S. Vaughn9th Norfolk1/23/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 1260 FILED ON: 1/14/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 367 |
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18 | 18 | | By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 367) of |
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19 | 19 | | Carole A. Fiola and others for legislation to provide increased access to hearing aids. Consumer |
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20 | 20 | | Protection and Professional Licensure. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 4275 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to reduce inequities in access to hearing aids. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 73 of chapter 93 of the General Laws, as appearing in the 2022 |
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32 | 32 | | 2Official Edition, is hereby amended by striking out the first and second paragraphs, and inserting |
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33 | 33 | | 3in place thereof the following:- |
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34 | 34 | | 4 Section 73. No physician shall sell hearing aids or have a direct or indirect membership, |
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35 | 35 | | 5employment, co-ownership, or proprietary interest in or with a business which sells hearing aids |
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36 | 36 | | 6to, a person to whom such physician has provided services pursuant to section 72; provided, |
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37 | 37 | | 7however, that this restriction shall not apply to an otolaryngologist or a nonprofit or charitable |
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38 | 38 | | 8organization, clinic, hospital or health care facility which sells hearing aids that are dispensed by |
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39 | 39 | | 9a licensed audiologist or hearing instrument specialist. 2 of 2 |
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40 | 40 | | 10 An audiologist or otolaryngologist who sells a hearing aid to a person to whom such |
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41 | 41 | | 11audiologist or otolaryngologist had provided services pursuant to section 72 shall disclose to the |
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42 | 42 | | 12prospective purchaser before the sale of the hearing aid the fees for the services provided |
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43 | 43 | | 13pursuant to section 72 and the terms of the prospective sale of the hearing aid, including a written |
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44 | 44 | | 14estimate of the total purchase price, including, but not limited to, the cost of the hearing aid, the |
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45 | 45 | | 15earmold, any batteries or other accessories, and any service costs, and shall inform the |
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46 | 46 | | 16prospective purchaser of his right to obtain a hearing aid from a different source. |
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47 | 47 | | 17 SECTION 2. Section 200 of chapter 112 of the General Laws, as so appearing, is hereby |
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48 | 48 | | 18amended by striking out subsection (c) and inserting in place thereof the following:- |
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49 | 49 | | 19 (c) Nothing in sections 197 to 200, inclusive, shall be construed to prevent an audiologist |
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50 | 50 | | 20or hearing instrument specialist from dispensing or selling hearing aids when employed by or |
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51 | 51 | | 21affiliated with an otolaryngologist. |
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52 | 52 | | 22 (d) A violation of sections 197 to 199, inclusive, shall also constitute a violation of |
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53 | 53 | | 23chapter 93A. |
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