S11914 CONGRESSIONAL RECORD — SENATE September 24, 2003 Senator from Maine (Ms. SNOWE) and SECTION 1. SHORT TITLE. disability, disorder, or difference will the Senator from North Carolina (Mr. This Act may be cited as the ‘‘Hearing be at a distinct disadvantage. EDWARDS) were added as cosponsors of Health Accessibility Act of 2003’’. This legislation will help seniors S. Res. 219, a resolution to encourage SEC. 2. DIRECT ACCESS TO QUALIFIED AUDIOL- challenged by hearing problems obtain OGISTS FOR MEDICARE BENE- the People’s Republic of China to es- FICIARIES. direct access to licensed audiologists tablish a market-based valuation of the Section 1861(ll)(2) of the Social Security through the Medicare Program. Be- yuan and to fulfill its commitments Act (42 U.S.C. 1395x(ll)(2)) is amended by in- cause most of these hearing conditions under international trade agreements. serting before the period at the end the fol- are not medically or surgically treat- f lowing: ‘‘, without regard to any require- able, direct access to audiology serv- ment that the individual receiving the audi- ices will allow comprehensive and STATEMENTS ON INTRODUCED ology services be under the care of (or re- timely care through the diagnosis, BILLS AND JOINT RESOLUTIONS ferred by) a physician or other health care treatment, and management of hearing By Mr. CAMPBELL (for himself practitioner or that such services are pro- vided under the supervision of a physician or loss. Audiologists can conduct a vari- and Mr. JOHNSON): other health care practitioner’’. ety of specialized auditory assessments S. 1647. A bill to amend title XVIII of SEC. 3. INCLUSION OF AUDIOLOGY SERVICES AS and based on such examinations, can the Social Security Act to provide for A PART B MEDICAL SERVICE; PAY- present numerous options to help pa- direct access to audiologists for medi- MENT. tients cope with hearing problems. care beneficiaries, and for other pur- (a) IN GENERAL.—Section 1861(s)(2) of the This legislation will not diminish the poses; to the Committee on Finance. Social Security Act (42 U.S.C. 1395x(s)(2)) is important role of primary care physi- Mr. CAMPBELL. Mr. President, amended— cians, who closely with audiologists (1) in subparagraph (U), by striking ‘‘and’’ today I am introducing legislation and will remain intimately involved in which would give Medicare recipients after the semicolon at the end; (2) in subparagraph (V)(iii), by inserting patient care as needed under this bill. the same hearing care options avail- ‘‘and’’ after the semicolon at the end; and Direct access to such audiology serv- able to veterans and Senators. Specifi- (3) by adding at the end the following new ices is supported by numerous govern- cally, it would give Medicare bene- subparagraph: mental agencies. The Centers for Dis- ficiaries direct access to qualified, li- ‘‘(W) audiology services (as defined in sub- ease Control and Prevention has recog- censed audiologists. I am pleased to be section (ll)(2));’’. nized the importance of this issue by joined in this effort by my colleague, (b) PAYMENT UNDER THE PHYSICIAN FEE making access by persons with hearing SCHEDULE.—Section 1848(j)(3) of such Act (42 Senator TIM JOHNSON. impairments to rehabilitative services Today, approximately 28 million U.S.C. 1395w–4(j)(3)) is amended by inserting ‘‘(2)(W),’’ after ‘‘(2)(S),’’. a Health People 2010 objective. Addi- Americans are hearing disabled. Many tionally, the Veteran’s Administration of them are older Americans—a sta- SEC. 4. CONSTRUCTION; EFFECTIVE DATE. (a) CONSTRUCTION.—Nothing in this Act and Office of Personnel Management tistic that is fast increasing with the shall be construed to expand the scope of have established policies to allow bene- aging of the ‘‘baby boomers.’’ With 80 audiology services for which payment may ficiaries such access. Seniors under the to 90 percent of hearing problems not be made under title XVIII of the Social Secu- Medicare Program deserve similar ben- medically or surgically treatable, it rity Act as of December 31, 2003. efits, and I urge my colleagues to sup- seems only reasonable that Medicare (b) EFFECTIVE DATE.—The amendments port this important bill. patients be allowed to consult with an made by this Act shall take effect with re- audiologist without first seeing an- spect to services furnished on or after Janu- By Mrs. FEINSTEIN: other provider. It is part of regular ary 1, 2004. S. 1648. A bill to modify the date as of audiological practice to refer patients Mr. JOHNSON. Mr. President, today I which certain tribal land of the Lytton for medical management when clinical am happy to join my colleague, Sen- Rancheria of California is deemed to be indicators are present. ator CAMPBELL, in introducing legisla- held in trust; to the Committee on In- In the 1990’s, the Department of Vet- tion that will provide millions of sen- dian Affairs. erans Affairs (VA) and the Office of iors with direct access to important Mrs. FEINSTEIN. Mr. President, I Personnel Management changed their audiology services through the Medi- rise today to introduce legislation that respective healthcare policies to allow care Program. would partially repeal language from for the option of direct access to a li- Approximately 28 million people in the Omnibus Indian Advancement Act censed audiologist. Earlier this year, I the U.S. have some degree of reduced of 2000; language that circumvents the wrote the VA asking if veterans were hearing sensitivity, and of this num- Indian Gaming Regulatory Act’s com- satisfied with that coverage for ber, 80 percent have irreversible hear- mon-sense protections and regulatory audiological services. According to the ing loss. The majority of these individ- safeguards against the inappropriate VA response, ‘‘The policy has provided uals are 65 and older, and as the baby siting of Nevada-style casinos. and continues to provide high quality, boom generation ages, this number will In 2000, a one-paragraph provision cost effective, and successful hearing skyrocket. Hearing loss is the 3rd most was attached to the Omnibus Indian health care to veterans.’’ It is impor- prevalent chronic condition in the Advancement Act taking land into tant to point out that this bill would older population. One in three people trust for a single Indian tribe, the not diminish the important role of older than 60 and half of those older Lytton, with the aim of allowing the medical doctors, or expand the scope of than 85 have a hearing loss problem tribe to expedite plans to establish a practice for audiology. and only about one-fourth of those who large gaming complex in San Pablo, This legislation is consumer friendly. could benefit from a hearing aid actu- CA. It will help our elderly and rural citi- ally use one. The site which is not part of, nor ad- zens who often find it difficult to ac- Hearing problems can make it dif- jacent to, any land traditionally held cess health care services. It will pro- ficult to understand and follow a doc- by the Lytton is, in fact, a 10-acre vide consistency of policy among Gov- tor’s advice, respond to warnings, and property which includes a card club ernment agencies. That is why I urge to hear doorbells and alarms. They can and parking lot, and is located in a my colleagues to act quickly on this also take away from the enjoyment of major urban area just outside of San legislation. the simple things in life, like talking Francisco. The process to bring this I ask unanimous consent that the to friends and family, or listening to land into trust and sidestep gaming text of the bill be printed in the the radio or television. Additionally, oversight was done without regard for RECORD. the 21st century work environment re- Federal laws currently in place to reg- There being no objection, the bill was quires intense use of communication ulate the siting of such a casino. ordered to be printed in the RECORD, as and information skills and tech- Today California is home to 109 feder- follows: nologies. As seniors continue to remain ally recognized tribes. 64 tribes have S. 1647 in the workforce for longer periods, gaming compacts with the State and Be it enacted by the Senate and House of Rep- work-related hearing challenges will there are 54 tribal casinos. With more resentatives of the United States of America in become increasingly evident and the than 50 tribes seeking Federal recogni- Congress assembled, individual who has a communication tion and approximately 25 recognized VerDate jul 14 2003 00:27 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.023 S24PT1 September 24, 2003 CONGRESSIONAL RECORD — SENATE S11915 tribes seeking gaming compacts from working with the Chairman and Rank- Tribe; The Wilderness Society; the New the Governor, revenues from Califor- ing Member of the Indian Affairs Com- Mexico Wilderness Alliance; the Coali- nia’s tribal gaming industry are ex- mittee to pass this legislation quickly. tion for New Mexico Wilderness, on be- pected to be the highest of any State’s I ask unanimous consent that the half of more than 375 businesses and or- by the end of the decade. text of the bill be printed in the ganizations; the Rio Grande Chapter of I have serious reservations about the RECORD. the Sierra Club; the National Parks expansion of Nevada-style gaming— There being no objection, the bill was and Conservation Association; the Al- with its slot machines and in-house ordered to be printed in the RECORD, as buquerque Convention and Visitors Bu- banking—into urban areas, and I am follows: reau; 1000 Friends of New Mexico; and particularly concerned about off-res- S.