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S 3739

Veterans Hearing Aid Improvement Act of 2026

119th Congress Introduced by Marsha Blackburn and 3 co-sponsors

Establishes a VA two-year demonstration comparing FDA-cleared OTC hearing aids to audiologist-fitted devices to evaluate coverage, costs, and outcomes for potential permanent VA co

Introduced in Senate
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Bill Summary · S 3739

Summary of S. 3739 — Veterans Hearing Aid Improvement Act of 2026

Date Introduced: January 29, 2026
Jurisdiction: United States Senate (116th? 119th Congress context)
Primary Sponsors: Senators Marsha Blackburn, Chuck Grassley, Adam Schiff, Tim Sheehy

1) Purpose and Intent

  • Establish a demonstration project to evaluate the Department of Veterans Affairs (VA) coverage of FDA-cleared over-the-counter (OTC) hearing aids.
  • Compare OTC hearing aids to professionally fitted prescription hearing aids and assess fiscal implications for potentially expanding VA coverage to OTC devices.
  • Commission a Comptroller General study to assess overall VA hearing-aid benefits and coverage options, with an eye toward policy changes or new VA programs.

2) Key Provisions and Changes

A. Demonstration Project on OTC Hearing Aids (Section 2)

  • Establishment and duration
    • Initiates within not more than one year after enactment.
    • Demonstration lasts for two years.
  • Eligibility and participation
    • Veterans must be enrolled in the VA’s annual patient enrollment system (38 U.S.C. 1705(a)).
    • An audiologist must determine, via clinical evaluation, that:
    • An OTC hearing aid is medically necessary for mild-to-moderate loss,
    • The veteran has no red-flag conditions or contraindications per FDA guidance,
    • The veteran has access to a mobile phone or compatible data/Wi-Fi or successor tech to operate OTC hearing aids.
  • Locations
    • Conducted at no fewer than two VA medical facilities across different Veterans Integrated Services Networks (VISNs).
    • Sites must have demonstrated ability to reduce access barriers and serve diverse rural/urban populations.
  • Project design and measurement
    • Compare FDA-cleared OTC hearing aids to audiologist-fitted prescription hearing aids using VA audiological best practices.
    • Include an analysis of the fiscal impact of permanently covering OTC devices under 38 U.S.C. 1707(b).
    • Ensure design includes both an OTC group and an audiologist-fitted prescription group with approximately equal participant numbers.
  • User experience and outcomes
    • Measure self-reported benefits and speech-in-noise performance across a diverse veteran population.
  • Stakeholder engagement
    • Consult with consumer organizations representing individuals with mild-to-moderate hearing loss and other relevant stakeholders.
  • Reporting
    • Interim report due within 12 months of project start detailing progress and preliminary findings.
    • Final report due within 180 days after the demonstration ends, incorporating input from stakeholders and evaluating the fiscal impact and recommendations for permanent coverage.

B. Definitions (Section 2(i))

  • Defines "FDA-cleared, over-the-counter hearing aid" as:
    • Cleared by FDA,
    • Regulated under FDA standards (FD&C Act §520(q)),
    • Features enabling personalization via technology (e.g., hearing tests, software, smartphone apps).

C. Comptroller General Study and Report (Section 3)

  • Mandates a GAO study on VA hearing-aid benefits under 38 U.S.C. 1707(b) for mild-to-moderate loss.
  • Study elements:
    • Number of Americans with mild-to-moderate hearing loss needing aids.
    • Medical coverage status for obtaining hearing aids and effectiveness of such coverage.
    • Consideration of contract design for purchasing hearing aids.
  • Report due: within 18 months of enactment.
  • GAO recommendations may include changes to VA programs and benefits, potentially proposing new programs or benefits.

3) Who and What is Affected

  • Veterans enrolled in VA health care who have mild-to-moderate hearing loss.
  • VA facilities designated as study sites (at least two, spanning rural and urban areas).
  • Audiologists and VA administrators implementing the demonstration.
  • FDA-cleared OTC hearing aid manufacturers and software/app developers.
  • Stakeholder groups representing consumers with hearing loss.
  • Congress and VA as it relates to potential permanent coverage decisions under 38 U.S.C. 1707(b).

4) Procedural and Timeline Aspects

  • Enactment timeline: Demonstration begins within one year of enactment.
  • Demonstration duration: 2 years.
  • Interim reporting: Within 12 months of start.
  • Final reporting: Within 180 days after the end of the demonstration, following stakeholder input.
  • GAO study: Due within 18 months of enactment; may inform future policy decisions.

5) Potential Impact (Policy Considerations)

  • Provides an empirical basis to evaluate whether VA should permanently cover OTC hearing aids.
  • Balances patient access and VA fiscal considerations by directly comparing OTC devices with professionally fitted prescriptions.
  • Could influence VA benefit design, procurement, and coverage strategies for hearing-aid devices.
  • Engages patient and consumer perspectives to guide VA program development.

Compiled from official sources — confirm details with the bill’s official record.

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