Consumer Rights and Hearing Aids

By Bonnie O'Leary

June 2009

Editor: It's that time of year again! The start of Hearing Loss Convention Season! As is normally the case, HLAA kicks off the activity in June. Char and I didn't attend this year, but super reporters extraordinaire Cheryl Heppner and Bonnie O'Leary from NVRC will be providing detailed coverage of the activities.

More coverage of this great convention is at: http://www.hearinglossweb.com/res/hlorg/shhh/cn/2009/2009.htm

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The HLAA conference in Nashville was a premier experience! As I wade through my mountains of notes, I am reminded of how fortunate I was to attend such a magnitude of exhibits and workshops, meet so many fantastic people, hug so many old friends, and eat such great food. (I am also reminded of how terrible my handwriting is as I try to decipher my shorthand.) Traveling with Cheryl and Galaxy provided me much amusement and comfort as we flew on little US Airways jets that should have said TONKA on the side. Galaxy attracts a lot of attention in airports, especially when she shows off how well she can carry a banana or a bottle of water for Cheryl. I'm not sure Galaxy likes flying any more than I do, but she curled up calmly under the seats in front of Cheryl and went to sleep after takeoff. Maybe I'll try that next time.

Presenter: Shannon Smith, MBA, MBA/HRM, MBA/GBM; Director of Technology Training, Information and Referral, State of New Mexico Commission for Deaf and Hard of Hearing Persons

The atmosphere in this educational workshop was infused with Ms. Smith's energy, humor, and motivation. A late deafened adult who also struggles with Meniere's, Ms. Smith is a hearing aid wearer who strives to educate consumers in her state of New Mexico about what they should expect when going through the process of buying hearing aids. The term "dispenser" includes dispensing audiologists and hearing instrument specialists.

Consumer Protections and Rights

Consumer protections and rights are designed to ensure fair competition and the free flow of truthful information in the market place, to prevent businesses from unfair practices, and to protect the interests of consumers.

When you buy a hearing aid, you are buying a service and entering into a relationship with the provider. You have the right to be safe, to be protected against injuries that might be caused by the product. You have the right to choose freely from a variety of hearing aid options. You have the right to be heard, to voice your complaints and concerns should you have any. You have the right to be informed in a complete and truthful way about the products and the services of the provider. You have the right to have access to any program or information that can help you make the best decision for your situation. And you have the right to service, to be treated with courtesy and respect, and to refuse services as offered if you so choose. (When Ms. Smith asked the 40 of us in attendance if our hearing aid experiences had met all these criteria, no hands were raised!)

The Food and Drug Administration (FDA) regulates that dispensers must get a medical statement from your physician stating that you have had a physical within the last six months and are cleared to get a hearing aid. If you have not had a physical, the dispenser must advise you to do so. The dispenser can ask you to sign a waiver stating that you have elected not to have a physical, but it is not in your best interests to do so. The FDA also requires that the dispenser provide an instruction booklet with your hearing aid, giving complete descriptions of the device, how it operates and how to care for it.

The Federal Trade Commission (FTC) monitors the business practices of hearing aid dispensers and vendors and can take action against dispensers who mislead consumers.

Your First Step

So what's the first step if you need a hearing aid? Start by asking family and friends for a referral to a dispenser. You can check with your local Better Business Bureau and HLAA chapter for any negative reports about dispensers in your area. Your HLAA chapter might also have names of dispensers who come highly recommended. Your local office of Veterans Affairs is another channel of information.

Hearing aid advertising produces a lot of confusion with consumers. So many ads look enticing and if they seem "too good to be true", they usually are. There are clues to help you identify a legitimate, professional business. First, the ad should have complete, correct information. "50% off" is incomplete. It should read "50% off" then state the make and model of the hearing aid, giving the base cost amount. "Hearing Center" is incomplete. It should read "Hearing Aid Center." You want to look for text in the advertising that is fairly specific about services offered, not just "if you have a hearing problem, call...."

Beware of the use of the term "hearing test" bantered freely about today. A true hearing test suggests comprehensive, diagnostic testing which is often not within a dispenser's scope of practice. Also beware of the use of "Dr.", such as "Dr. John Doe." The correct usage would be "John Doe, Au.D." which reveals a clinical doctorate in audiology. And notice the use of "M.A." after the dispenser's name. It should be "Jane Doe, M.A., Audiologist," not "Jane Doe, M.A."

Findings by Consumer Reports

Ms. Smith shared some interesting details from Consumer Reports. The average mark-up for a hearing aid is 117%. Only 15% of consumers actually try to bargain with the dispenser about the price, but 40% of those who do have been successful in lowering their costs. Most consumers get no training on using a telephone with their hearing aid. Consumers should focus on product features, not brands, because the features contribute to an improved listening experience. These features include the telecoil, directional microphone, and feedback suppression. 70% of dispensers couldn't answer information about telecoils correctly!

Qualifications and Expectations

It's important to ask about the qualifications of the dispenser who is testing your hearing and learn about the requirements for licensure of dispensers in your state. In New Mexico, for instance, to qualify as a dispenser, a candidate needs either a high school diploma or GED, no criminal record, and 90 days of training under a licensed audiologist.

What should you expect from your provider? A variety of brands, styles and features to choose from, convenient hours of operation which include walk-in repair services, a soundproof booth for the hearing tests which should include detecting speech in noise. You should be offered aural rehabilitation classes, and a flexible free trial period for your new hearing aid. Federal law requires that dispensers give 30 days, but some dispensers will give 60 or even up to 90 days.

Ask about Real Ear testing; this matches your hearing loss with the response from the hearing aid. The dispenser's office equipment should include a booth, an audiometer, an impedance audiometer, hearing aid analyzer, real ear analyzer, ultra-violet curing system, and a visible speech mapping unit, to name a few. During your first appointment, the dispenser should take your medical history and learn what hearing situations are difficult for you. Your ears will then be examined with an otoscope to check for wax or other problems with the ear canal or ear drum, after which you will receive a comprehensive hearing test in a sound proof booth. The results of your hearing test will be charted on an audiogram which should be explained to you in detail, and given to you to take home.

Making Your Selection

There are 1,024 models of hearing aids available today, but of course you will only have a few brands to choose from! The dispenser will recommend the hearing aid with the features best suited to your hearing loss. If you decide to purchase the hearing aid, your dispenser will draw up the paperwork detailing the make, model, serial number, cost, warranty information and date of purchase of the aid. Other information will include the trial period dates, any possible adjustments to that trial period, and any future services to be provided.

Making a Complaint

If you have a complaint, you will need to contact your dispenser's governing board to find out about their complaint process which differs from state to state. You will need to write a letter stating your complaint and provide supporting paperwork for documentation. Forms are also available at www.ftc.gov for each state.

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