New Hearing Aid Coverage and Class Action Lawsuit in Washington State Could Spark Wider Changes

Law mandating coverage rolls out with Hearing Loss Association of America (HLAA) help amid anti-discrimination settlement that could guide other states

There’s good news for residents of Washington state who wear hearing aids—a new law now requires some large group health plans to cover the cost of hearing aids and services. And some Kaiser Foundation Health Plan members may be eligible for reimbursement for their hearing aids under a recent class action lawsuit settlement if they act before April 4, 2024.

These recent efforts illustrate the importance of the Hearing Loss Association of America (HLAA) and its community of local advocates to spur change across the nation.

Grassroots Efforts Pay Off

The HLAA Washington State Association was instrumental in pushing for the expanded coverage for hearing aids and services that just went into effect January 1, 2024. House Bill 1222 now requires some large group health plans in the state, and those for public employees, to cover the cost of hearing aids, assessments, adjustment, fitting and training—up to $3,000 per ear every three years. While this law exempts companies that are self-insured, it’s an important precedent, and local advocates continue to push for broader coverage.

Also, claims are now being accepted in a class action settlement in Washington for people who bought hearing aids. The case, Schmitt, et al., v. Kaiser Foundation Health Plan, argues that excluding hearing aids and services violates the Affordable Care Act’s anti-discrimination provision. An opinion by the federal Ninth Circuit Court of Appeals agreed, calling the exclusion discriminatory.

This expanded coverage in Washington, together with the anti-discrimination settlement, is good news to millions of people with hearing loss across the U.S. who don’t get the treatment they need because of cost. We fully expect that other states could use this as an example to follow. This is the kind of grassroots spark that HLAA can share with members and constituents throughout the country. 

Act Fast for Hearing Aid Payouts

The settlement establishes a $3 million fund that will reimburse people who paid out of pocket for hearing aids and related services from October 30, 2014, through December 31, 2023, and were covered under certain Kaiser Foundation Health plans in Washington state.

Next Steps and Wider Implications

HLAA Washington State Association (HLAA-WA) says more legislation could further broaden coverage for hearing aids and services in individual and small group health plans, too. Thanks to SB 5338, also passed last year, the Washington State Insurance Commissioner is seeking the addition of hearing aids to the state’s Essential Health Benefits (EHB). The EHB spells out what every health insurance plan overseen by the state must offer. HLAA-WA hopes others follow suit, potentially influencing Congress to provide coverage to Medicare beneficiaries.

Since the Kaiser case ended in a settlement between two parties, no court ordered a judgment. But the opinion could be repeated by bringing additional lawsuits in other states if health plans exclude hearing aid coverage based on disability.

A Community Pushing for Nationwide Change

HLAA has more than 120 local chapters that help advocate for change in access to hearing loss care, treatment and accessible communication across the nation. The organization is the leading voice of the growing number of people with—and at risk of—hearing loss in the U.S.

“Change often happens in local communities first, as we’re seeing in Washington, and that’s what HLAA is all about. We show people that they’re not alone—there are 50 million Americans with hearing loss, who need to be empowered to get the care they need to stay healthy and connected to the world around them,” says HLAA Executive Director Barbara Kelley.

HLAA in Washington state is getting the word out to people in the hearing loss community there who may be eligible for payouts and new coverage. Nationally, the organization is hoping similar challenges follow in other states.

Next Steps and Wider Implications

HLAA Washington State Association (HLAA-WA) says more legislation could further broaden coverage for hearing aids and services in individual and small group health plans, too. Thanks to SB 5338, also passed last year, the Washington State Insurance Commissioner is seeking the addition of hearing aids to the state’s Essential Health Benefits (EHB). The EHB spells out what every health insurance plan overseen by the state must offer. HLAA-WA hopes others follow suit, potentially influencing Congress to provide coverage to Medicare beneficiaries.

Since the Kaiser case ended in a settlement between two parties, no court ordered a judgment. But the opinion could be repeated by bringing additional lawsuits in other states if health plans exclude hearing aid coverage based on disability.

A Community Pushing for Nationwide Change

HLAA has more than 120 local chapters that help advocate for change in access to hearing loss care, treatment and accessible communication across the nation. The organization is the leading voice of the growing number of people with—and at risk of—hearing loss in the U.S.

“Change often happens in local communities first, as we’re seeing in Washington, and that’s what HLAA is all about. We show people that they’re not alone—there are 50 million Americans with hearing loss, who need to be empowered to get the care they need to stay healthy and connected to the world around them,” says HLAA Executive Director Barbara Kelley.

HLAA in Washington state is getting the word out to people in the hearing loss community there who may be eligible for payouts and new coverage. Nationally, the organization is hoping similar challenges follow in other states.

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