S. 3739

119 S3739 IS: Veterans Hearing Aid Improvement Act of 2026
 U.S. Senate
 2026-01-29
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3739  IN THE SENATE OF THE UNITED STATES   January 29, 2026   Mrs. Blackburn  (for herself,  Mr. Schiff , and  Mr. Grassley ) introduced the following bill; which was read twice and referred to the  Committee on Veterans' Affairs    A BILL
To direct the Secretary of Veterans Affairs to carry out a demonstration project on coverage by the Department of Veterans Affairs of over-the-counter hearing aids, and for other purposes.
1.
Short title
This Act may be cited as the   Veterans Hearing Aid Improvement Act of 2026  .
2.
Demonstration project on coverage by Department of Veterans Affairs of over-the-counter hearing aids
(a)
Establishment of demonstration project
Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs (in this section referred to as the  Secretary ) shall commence a project (in this section referred to as the  demonstration project ) to demonstrate and evaluate the fiscal impact of covering FDA-cleared, over-the-counter hearing aids under section 1707(b) of title 38, United States Code, in the same or similar manner as coverage is provided for prescription hearing aids under such section.
(b)
Duration
The Secretary shall carry out the demonstration project for a period of two years.
(c)
Eligible participants
A veteran is eligible to participate in the demonstration project if—
(1)
the veteran is enrolled in the system of annual patient enrollment established and operated under section 1705(a) of title 38, United States Code;
(2)
an audiologist determines, through a clinical evaluation of the veteran, that—
(A)
furnishing an over-the-counter hearing aid to the veteran for mild-to-moderate hearing loss is medically necessary;
(B)
the veteran has no red flag conditions or contraindications for over-the-counter hearing aid use, as specified by the Food and Drug Administration; and
(3)
the veteran has access to a mobile phone device and mobile data or Wi-Fi, or any successor technology, to operate over-the-counter hearing aid functionality.
(d)
Locations
The Secretary shall carry out the demonstration project at not fewer than two medical facilities of the Department of Veterans Affairs selected by the Secretary across different Veterans Integrated Services Networks and that have a demonstrated ability to reduce access barriers and provide services to a diverse veteran population in both rural and urban settings and surrounding areas.
(e)
Project design
(1)
In general
The Secretary shall design the demonstration project to demonstrate the effectiveness of FDA-cleared, over-the-counter hearing aids compared to professionally fitted prescription hearing aids by an audiologist according to the audiological best practices of the Department of Veterans of Affairs, including the fiscal impact on the Department of providing permanent coverage of over-the-counter hearing aids under section 1707(b) of title 38, United States Code.
(2)
Design elements
(A)
In general
The Secretary shall ensure the demonstration project includes the following study groups:
(i)
An FDA-cleared, over the counter hearing aid group.
(ii)
An audiologist-fitted prescription hearing aid group.
(B)
Participants
The Secretary shall allocate an approximately equal number of participants in the demonstration project to each group specified in subparagraph (A).
(f)
Measurement of benefits
To the maximum extent possible, in carrying out the demonstration project, the Secretary shall measure both self-reported benefits and speech recognition in noise among a diverse veteran population and evaluate the fiscal impact over a two-year follow-up period of permanent coverage of over-the-counter hearing aids under section 1707(b) of title 38, United States Code, for the FDA-cleared, over-the-counter hearing aids found under the demonstration project to be most beneficial.
(g)
Consultation
In conducting the demonstration project, the Secretary shall consult with organizations that represent consumers with mild-to-moderate hearing loss and other stakeholder organizations.
(h)
Reports
(1)
Interim report
Not later than one year after the commencement of the demonstration project, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that describes the progress and preliminary findings from the demonstration project.
(2)
Final report
(A)
In general
Not later than 180 days after the last day of the demonstration project and after solicitation and consideration of formal written input on the project from organizations specified under subsection (g), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the project.
(B)
Elements
The report required under subparagraph (A) shall include an evaluation of the fiscal impact on the Department of Veterans Affairs of providing permanent coverage of over-the-counter hearing aids under section 1707(b) of title 38, United States Code, and such other findings and recommendations as the Secretary determines appropriate.
(i)
FDA-Cleared, over-The-Counter hearing aid defined
In this section, the term  FDA-cleared, over-the-counter hearing aid  means a device—
(1)
cleared by the Food and Drug Administration;
(2)
fully regulated by the Food and Drug Administration under section 520(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j(q) ); and
(3)
that contains features that allow personalization through technology, such as hearing tests, software, and smart phone applications.
3.
Comptroller General study and report on veterans hearing aid benefits
(a)
Study
The Comptroller General of the United States shall conduct a study on the furnishing to veterans with mild-to-moderate hearing loss under section 1707(b) of title 38, United States Code, of assistance for hearing aids and related examinations.
(b)
Elements
The study required under subsection (a)—
(1)
shall include an examination of—
(A)
the number of individuals in the United States with mild-to-moderate hearing loss who need hearing aids;
(B)
the medical coverage of such individuals relating to obtaining hearing aids; and
(C)
the effectiveness of such medical coverage in meeting such need; and
(2)
may include an examination of contract design for purchasing hearing aid devices.
(c)
Report
(1)
In general
Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a).
(2)
Recommendations
The report required under paragraph (1) shall include such recommendations on changes to programs and benefits of the Department of Veterans Affairs, including the establishment of new programs and benefits, as would meet the needs of veterans with mild-to-moderate hearing loss.