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BumRushDaShow

(128,515 posts)
Tue Oct 19, 2021, 10:37 AM Oct 2021

Hearing aids without a prescription or an exam? The FDA takes big step toward making that happen.

Source: Washington Post

A long-awaited Food and Drug Administration proposal would allow millions of consumers to buy over-the-counter hearing aids in stores or online without a prescription or medical exam. More than four years after Congress ordered the agency to allow over-the-counter hearing aids, it took the first step Tuesday to broaden access to more accessible and affordable devices for millions of patients with mild to moderate hearing loss. The agency’s proposal would create a new category of over-the-counter hearing aids and supersede state-level regulations that require patients to go through physicians or audiologists to get prescriptions and fittings for them.

Hearing aids cost an average more than $5,000 per pair, are not typically covered by traditional Medicare or other insurers, while advocates argue that over-the-counter models could be a fraction of that cost. “Reducing health care costs for everyone in America is a top priority,” said Health and Human Services Secretary Xavier Becerra said in a statement on Tuesday. “Today’s move by FDA takes us one step closer to the goal of making hearing aids more accessible and affordable for the tens of millions of people who experience mild to moderate hearing loss.”

Although 15 percent of adults in the United States report having some trouble hearing, according to the National Institute on Deafness and Other Communication Disorders, only about 1 in 5 use hearing aids. Cost and stigma associated with the medical devices stand in the way of some patients’ access. “More than 30 million people suffer from some sort of hearing loss and hearing is so vital to what we do, your ability to communicate with others is a huge part of your quality of life,” said Vinay Rathi, a physician at Massachusetts Eye and Ear. “We’re really denying people that sort of basic right, which is the ability to communicate with others, because of issues related to cost and access to audiologists."

The FDA said on Tuesday that its new rule aims to spark innovation and increase competition by lowering barriers for new companies to enter the market while simultaneously regulating the new category of over-the-counter hearing aids to ensure the devices are safe and effective. “Over the years, our number one call, email [and] letter is from people who can’t afford hearing aids, or they don’t have access to an audiologist or hearing aid specialist," said Barbara Kelley, executive director of the Hearing Loss Association of America. “Now, not all of those people would benefit from an over-the-counter product. We know that. But … this is going to help those people who might be able to benefit.”


Read more: https://www.washingtonpost.com/health/2021/10/19/fda-over-the-counter-hearing-aids/



Well as a medical device with so much technology innovation due to miniaturization that has happened over the past couple decades, one would think this is do-able (at least with enough surveillance and testing of such as a faulty speaker could damage the ear drum).

There have been "reading glasses" (magnifiers) sold OTC for many many years and they are exempt from certain FDA device regs (although manufacturers/importers still must be registered).
28 replies = new reply since forum marked as read
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Hearing aids without a prescription or an exam? The FDA takes big step toward making that happen. (Original Post) BumRushDaShow Oct 2021 OP
This was part of a bill put together by Elizabeth Warren w/ some help from Grassley rurallib Oct 2021 #1
What did they say? Champp Oct 2021 #2
Is it really wise, though? frazzled Oct 2021 #3
I don't think any of this is precluding those needing presecription devices BumRushDaShow Oct 2021 #5
Yes. Hearing aid technology is leaping forward, and this is breaking Hortensis Oct 2021 #21
I tried OTC aids. My opinion? Waste of money. Scottie Mom Oct 2021 #25
Thanks, that is what I was trying to say frazzled Oct 2021 #27
Absolutely! Scottie Mom Oct 2021 #28
AirPods? Lol unblock Oct 2021 #4
I think that is the type of "innovation" (including repurposing) BumRushDaShow Oct 2021 #7
KnR Hekate Oct 2021 #6
If this also lowers the cost it would be great. I'm an advocate of some kind of exam though ... Auggie Oct 2021 #8
Yep Sgent Oct 2021 #9
IMHO BumRushDaShow Oct 2021 #10
I lost about 30% of my hearing in the past several years... Archae Oct 2021 #11
Ear buds with a mic could easily auto-adjust for each ear via a phone app NullTuples Oct 2021 #15
That's how mine work Randomthought Oct 2021 #17
This could have huge impact on the industry DavidDvorkin Oct 2021 #12
I would like to know where the $5,000 comes from. LogicFirst Oct 2021 #13
The OP article is actually linking to a White House Fact Sheet BumRushDaShow Oct 2021 #16
Dementia risk increases with hearing impairment so this proposal will have even greater impact. JudyM Oct 2021 #14
CPAP next? keithbvadu2 Oct 2021 #18
In this case BumRushDaShow Oct 2021 #20
I had a CPAP machine from the VA but after a while the pressure wasn't enough. marie999 Oct 2021 #24
The hearing aid industry is the biggest medical ripoff of all. MineralMan Oct 2021 #19
I had a hearing test through the VA. marie999 Oct 2021 #22
I had posted the portion of a 2017 law upthread BumRushDaShow Oct 2021 #23
can we put cpap machine in there too? catsudon Oct 2021 #26

rurallib

(62,387 posts)
1. This was part of a bill put together by Elizabeth Warren w/ some help from Grassley
Tue Oct 19, 2021, 10:44 AM
Oct 2021

some 4 years ago and signed by Trump. Then Trump had the FDA block its implementation:

Here Robert Reich interviews Warren on putting this bill together. The story of hearing aids is in the first seven minutes:



I have been waiting since the bill was signed to take advantage of lower cost for hearing aids. Have written Grassley's office and got gobbled-gook for an answer.

frazzled

(18,402 posts)
3. Is it really wise, though?
Tue Oct 19, 2021, 11:14 AM
Oct 2021

There are all manners of hearing loss, affecting different frequencies. Only an audiogram can really detect what kind of hearing aid a person needs and how it should be programmed to address the particular loss. It's not a question of simply making things "louder." People need an eye exam and current (within 2 years) prescription to get eyeglasses. It seems there should be some sort of intervention to prescribe hearing issues.

I'm a little worried that this is just a boon to cheap manufacturers whose devices will not really aid most people.

BumRushDaShow

(128,515 posts)
5. I don't think any of this is precluding those needing presecription devices
Tue Oct 19, 2021, 11:31 AM
Oct 2021

to address certain types of hearing loss.

This is just the beginning of the rules-making process to assess the marketplace and what could be exempt from what is normally prescription-type corrective devices, including regulating the manufacturing processes.

Right now you can buy aspirin OTC. But that doesn't mean it isn't "regulated" and no one looks at the manufacturing processes of the companies that make it, nor tests those products for purity, amount of active ingredient and excipients, whether it dissolves (at all), etc).

We have the unfortunate circumstance where many if not most health insurance companies don't cover hearing aids (which at the moment are all prescription). So with that caveat, you have people who cannot afford to pay for one out of pocket, walking around essentially near or totally deaf in at least one ear.

Hortensis

(58,785 posts)
21. Yes. Hearing aid technology is leaping forward, and this is breaking
Tue Oct 19, 2021, 04:21 PM
Oct 2021

open the markets and busting up the exploitive monopolies. I've been following this for a while, and they're great developments for people who need hearing aids.

Some day people will shake their heads to hear that people paid thousands of dollars for hearing aids that few would wear, or as little as possible, because they didn't work as needed and were so unpleasant. My aunt purchased hearing aids but, like so many, chose to spend her last decade in the lonely isolation that came from being unable to hear and chat with others. If only.

Scottie Mom

(5,812 posts)
25. I tried OTC aids. My opinion? Waste of money.
Wed Oct 20, 2021, 07:55 AM
Oct 2021

Aids need not only the testing, but need to be fitted. If not properly fitted, you get feedback galore.

Get testing and get fitted. It makes a world of difference. Trust this advice. I have needed and used hearing aids for over 20 years.

frazzled

(18,402 posts)
27. Thanks, that is what I was trying to say
Wed Oct 20, 2021, 12:26 PM
Oct 2021

My daughter has worn hearing aids for almost 40 years, since toddlerhood. I know how important it is.

unblock

(52,126 posts)
4. AirPods? Lol
Tue Oct 19, 2021, 11:18 AM
Oct 2021

Mrs unblock and I were recently at a restaurant that was just way too noisy. Was couldn't hear each other.

I popped in my AirPods and and turned on noise canceling and it worked great! It lowered the volume on the background noise much more than it lowered the volume on Mrs unblock, so I could hear here fine.


Anyway, I have no hearing loss afaik, but if something like that is available for anyone why not hearing aids for people who need them more than I do?

BumRushDaShow

(128,515 posts)
7. I think that is the type of "innovation" (including repurposing)
Tue Oct 19, 2021, 11:40 AM
Oct 2021

that is being looked at vs the "traditional" in-ear hearing aids.

I.e., you already have many "noise-cancelling" headphones on the market.

The FCC and OSHA currently regulate "headphones" and "earphones" (and similar monikers like "earbuds" or the branded "AirPods" ) . The distinction between those devices and "hearing aids" might have to be teased out, including how far "in ear" they go, with the assumption that a hearing aid basically has an embedded microphone with an amplifier where headphones/ear buds would have a speaker and amplifier, etc.

Auggie

(31,133 posts)
8. If this also lowers the cost it would be great. I'm an advocate of some kind of exam though ...
Tue Oct 19, 2021, 11:58 AM
Oct 2021

what if there's an underlying and treatable medical condition that could restore some or all hearing? What if it's life-threatening (if even possible)? I'm currently wrestling with such an issue and refuse to buy anything until I know medical options are exhausted.

Sgent

(5,857 posts)
9. Yep
Tue Oct 19, 2021, 12:08 PM
Oct 2021

hearing loss can be caused by age or listening habits, but can also be caused by benign growths in the ear, brain tumors, meniures disease which can be somewhat treated, etc.

I view them somewhat like glasses -- 95% of the time your script doesn't change and there is nothing to be done, but you still need someone to look at your retinas and measure pressure to ensure badness isn't happening -- which is more likely in someone with mild to moderate hearing loss than no hearing loss.

BumRushDaShow

(128,515 posts)
10. IMHO
Tue Oct 19, 2021, 12:17 PM
Oct 2021

what would be the difference between this and those "reading glasses" that you see in drug stores?

It's apparent that anyone who might be "farsighted" may need some type of "correction" that can be evaluated through extensive eye exams, and then optometrists and/or ophthalmologists might then recommend "prescription" reading glasses, with lenses that can cost big bucks, were the frames are often even worse in terms of cost.

But does that preclude throwing on a pair of "magnifier" eyeglasses (or even pulling out an old-fashioned magnifying glass, which is obviously an alternative) to magnify writing? As it is, the ADA has prompted use of "accessibility" features (e.g., screen magnification) for many computing/mobile devices.

Until/unless the health insurance laws are modified to require coverage, people often have no choice and are forced to live with reduced or no hearing, and if there is a move towards allowing "generic" (but substantially equal) parts that can be manufactured for less than a progenitor's patented hearing aid device parts, then this would go a long way to reduce the cost, thus allowing ENTs to perhaps recommend an inexpensive or even OTC "generic".

Archae

(46,301 posts)
11. I lost about 30% of my hearing in the past several years...
Tue Oct 19, 2021, 12:44 PM
Oct 2021

Went to a audio specialist, he individually adjusted hearing aids for my hearing.

Took a full exam, and medical assistance paid for the hearing aids, I've had them for a few years now.
They would have been quite expensive.

I wouldn't trust over-the-counter hearing aids, they usually are the cheapest made and are never adjusted for individual ears.

I don't use those over-the-counter glasses either, and my eyes have steadily been getting worse.

NullTuples

(6,017 posts)
15. Ear buds with a mic could easily auto-adjust for each ear via a phone app
Tue Oct 19, 2021, 01:43 PM
Oct 2021

While the details of sound programming is complex, at this point most of it is already in readily available libraries.

All that's left is the automation of customizing the equalization curve via an app with an optometrist-like, "which sounds better, A or B" process on a phone app via paired bluetooth.

Randomthought

(835 posts)
17. That's how mine work
Tue Oct 19, 2021, 02:38 PM
Oct 2021

Bought the Kirkland brand from Costco and use Phonakmphone app. The hearing exam decides the pre set but I can change them. I would still think that a pre set default tailored for the user would be better.

DavidDvorkin

(19,469 posts)
12. This could have huge impact on the industry
Tue Oct 19, 2021, 01:15 PM
Oct 2021

I hope this will result in software and hardware innovations that will break the hold a few companies have on producing hearing aids and thus will lower prices drastically.

Those who prefer in-the-ear hearing aids (I'm one of those) will still have to pay more to have the fitting done and the hearing aids manufactured, but base cost for all of that is supposedly a tiny fraction of the final price, almost all of which is pure profit.

LogicFirst

(571 posts)
13. I would like to know where the $5,000 comes from.
Tue Oct 19, 2021, 01:29 PM
Oct 2021

Most hearing aids run about $1,300 each, give or take a couple of bucks, and they are rechargeable.

BumRushDaShow

(128,515 posts)
16. The OP article is actually linking to a White House Fact Sheet
Tue Oct 19, 2021, 01:50 PM
Oct 2021

Didn't include it in the LBN excerpt as it can be a PITA to add links there, but here is that section of the excerpt with the link -

Hearing aids cost an average more than $5,000 per pair, are not typically covered by traditional Medicare or other insurers, while advocates argue that over-the-counter models could be a fraction of that cost. “Reducing health care costs for everyone in America is a top priority,” said Health and Human Services Secretary Xavier Becerra said in a statement on Tuesday. “Today’s move by FDA takes us one step closer to the goal of making hearing aids more accessible and affordable for the tens of millions of people who experience mild to moderate hearing loss.”


This is the link (not embedded) - https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/09/fact-sheet-executive-order-on-promoting-competition-in-the-american-economy/

where the relevant part in the Fact Sheet says this -

Hearing Aids: Hearing aids are so expensive that only 14% of the approximately 48 million Americans with hearing loss use them. On average, they cost more than $5,000 per pair, and those costs are often not covered by health insurance. A major driver of the expense is that consumers must get them from a doctor or a specialist, even though experts agree that medical evaluation is not necessary. Rather, this requirement serves only as red tape and a barrier to more companies selling hearing aids. The four largest hearing aid manufacturers now control 84% of the market.
In 2017, Congress passed a bipartisan proposal to allow hearing aids to be sold over the counter. However, the Trump Administration Food and Drug Administration failed to issue the necessary rules that would actually allow hearing aids to be sold over the counter, leaving millions of Americans without low-cost options.


That section in turn has links (that I added above) where the "$5000" reference itself links to a Consumer Reports page - https://www.consumerreports.org/hearing-aids/best-and-worst-hearing-aid-brands-and-retailers-a1115767262/

I didn't dive into CR's huge survey to get all the details but it's possible there is an assumption being made that when someone is buying a hearing aid, it's often just a single one, and the CR article indicates this -

Hearing aids are pricey—Consumer Reports members typically spent $2,588 out-of-pocket for these devices


where it's possible the interpretation was that the listed cost was for "one" and thus a "pair" would be twice that.

Just a guess on my part.

BumRushDaShow

(128,515 posts)
20. In this case
Tue Oct 19, 2021, 03:55 PM
Oct 2021

an actual law was passed (via the annual FDA Reauthorization Act - that generally re-ups the User Fees the agency would be permitted to collect) -

H.R.2430 - FDA Reauthorization Act of 2017

and that included the directive to work on and issue rules on OTC hearing aids. It was signed by TFG in August 2017, and promptly ignored for the next 4 years.

Here is that provision (from the above link) -

(Sec. 709) The FDA must categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must: (1) provide reasonable assurances of safety and efficacy; (2) establish output limits and labeling requirements; and (3) describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. The FDA must determine whether premarket notification is required for over-the-counter hearing aids to provide reasonable assurance of safety and effectiveness.

State and local governments may not establish or continue in effect requirements specifically applicable to hearing products that are not identical to FDA requirements and that restrict or interfere with the servicing or sale of over-the-counter hearing aids.

The FDA must update and finalize its draft guidance on hearing products. The guidance must clarify which products are medical devices.


CPAPs are a bit more complex (not so much with respect to the electronics, but the indications for use). But I expect the issue of generating "competition" to reduce the cost is probably on the table for any of these types of devices.
 

marie999

(3,334 posts)
24. I had a CPAP machine from the VA but after a while the pressure wasn't enough.
Tue Oct 19, 2021, 05:36 PM
Oct 2021

The CPAP machine is set for one pressure so if it needs to be raised it can be difficult to exhale. Then they gave me a bilevel machine that immediately drops the pressure when I exhale. They can also check to see how often I use it and for how many hours. They can also detect when I have it too loose and there is leakage. The reason they monitor the machine is sometimes people are not using it correctly so they have them come in and show them the best way to put it on also they can see if the pressure needs to be increased or decreased. The person using the machine should not be adjusting the pressure. You need to have a sleep apnea test before using one so they know exactly what pressure you need and can change it if need be. CPAP machines and hearing aids need to have their prices dropped. The VA only has so much money to spend because Congress refuses to give them what they need so decreases in the price of these machines would free up money for other things.

MineralMan

(146,262 posts)
19. The hearing aid industry is the biggest medical ripoff of all.
Tue Oct 19, 2021, 03:46 PM
Oct 2021

The audiology industry has locked it up for decades to keep the profits coming in.

Reality is that hearing aids should not cost anywhere near as much as they do, given current technology. Pretty much everything is on one chip now, including wide-ranging digital controls.

I welcome a new age in hearing devices. It has been a long time coming.

 

marie999

(3,334 posts)
22. I had a hearing test through the VA.
Tue Oct 19, 2021, 04:34 PM
Oct 2021

I needed two hearing aids that only worked for certain frequencies. I wonder how people will know what kind of hearing aid they will need without a hearing test.

BumRushDaShow

(128,515 posts)
23. I had posted the portion of a 2017 law upthread
Tue Oct 19, 2021, 05:22 PM
Oct 2021

(that was ignored for 4 years) that authorized this - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=2815201

H.R.2430 - FDA Reauthorization Act of 2017

and that included the directive to work on and issue rules on OTC hearing aids. It was signed by TFG in August 2017, and promptly ignored for the next 4 years.

Here is that provision (from the above link) -

(Sec. 709) The FDA must categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must: (1) provide reasonable assurances of safety and efficacy; (2) establish output limits and labeling requirements; and (3) describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. The FDA must determine whether premarket notification is required for over-the-counter hearing aids to provide reasonable assurance of safety and effectiveness.

State and local governments may not establish or continue in effect requirements specifically applicable to hearing products that are not identical to FDA requirements and that restrict or interfere with the servicing or sale of over-the-counter hearing aids.

The FDA must update and finalize its draft guidance on hearing products. The guidance must clarify which products are medical devices.


I expect as part of the rule making process, there will be elucidation as to what types of "hearing loss" this would apply to (and it might end up pretty narrow). I also expect at some point (like you see with vaccines), that there will be some type of coordination with CDC to determine the types/levels of hearing loss that might be authorized for OTC products.

For example, CDC has a page here - https://www.cdc.gov/nceh/hearing_loss/what_if_i_already_have_hearing_loss.html

where it's possible such an OTC product is reclassified under a different name (e.g., as a new "Assistive Listening Device" vs a "hearing aid", which could be away to keep the latter as prescription) but could function "in ear". What this then does is set up a way to monitor the manufacturing practices to ensure the safety of that class of devices similar to how other OTC device products are surveilled.

CDC's main site on "hearing" is here (they note that October is "National Protect Your Hearing Month" too) - https://www.cdc.gov/nceh/hearing_loss/default.html

So I think aside from trying to break the price-fixing and near monopoly of a few large companies that are ripping people off, the idea here is to re-look at handling what is probably a common issue and find different ways to address it to improve quality of life.

FDA has distinctions on handling prescription vs OTC medical devices in general - https://www.fda.gov/medical-devices/products-and-medical-procedures/over-counter-otc-medical-devices-considerations-device-manufacturers

(just as an example, one can buy a blood pressure monitor or a pulse oximeter OTC - both being medical devices)
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