Bill Text: NY S09690 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the dispensing of hearing aids; provides that hearing aids shall be sold at fair market value.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-05-21 - REFERRED TO CONSUMER PROTECTION [S09690 Detail]

Download: New_York-2023-S09690-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9690

                    IN SENATE

                                      May 21, 2024
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation to the  dispensing
          of hearing aids

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 802 of the general business law, as added by  chap-
     2  ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
     3  2  as  added  by  chapter 301 of the laws of 2000, is amended to read as
     4  follows:
     5    § 802. Special provisions; [not-for-profit] fair market  value  sales.
     6  1. [No] Where a medical evaluation of hearing loss is required by feder-
     7  al  or  state law prior to the dispensing of a hearing aid, an otolaryn-
     8  gologist or other licensed physician who has conducted a medical  evalu-
     9  ation  of  hearing  loss  [shall  engage  in  the business of dispensing
    10  hearing aids for a profit] may dispense such hearing aid, and  necessary
    11  items  or  services furnished in connection therewith.  No otolaryngolo-
    12  gist or other licensed physician who has dispensed a hearing  aid  shall
    13  refuse  or  fail  to  perform repairs or service on any hearing aid that
    14  they have dispensed.  Notwithstanding the foregoing, any hearing aid and
    15  other necessary items or services, including repairs or service  on  any
    16  hearing  aid, provided by such otolaryngologist or other licensed physi-
    17  cian, shall be sold at fair market value.
    18    2. Every licensed physician who engages in the dispensing  of  hearing
    19  aids in compliance with the provisions of this section shall be required
    20  to  comply with sections seven hundred ninety-one, seven hundred ninety-
    21  eight and eight hundred three of this article, in addition to compliance
    22  with this section.
    23    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15725-01-4