Yesterday, HHP-sponsored legislation, SB 1326 (Roth), passed its last legislative vote and will now be sent to the Governor for signature. The bill provides clarity and specificity to the existing warranty provisions for hearing aids. (The "warranty" referred to in this article is in reference to the "return privilege" allowed to consumers in the Song-Beverly Warranty Act and not manufacturers warranties on the hearing aids.)

The bill attempts to clarify the initial start date and expiration date of the warranty and also the "tolling" period when the warranty is suspended for either service or repair. While current law provides specific language that there is a 30-day warranty "upon completion of fitting," the uniqueness of the fitting process for hearing aids has created ambiguity on when the 30-day warranty period begins and ends. This ambiguity can result in hearing aid dispensers being obligated for service, repairs or refunds indefinitely. For example, the licensing Board has interpreted that the 30-day full refund "warranty" may be considered to toll, or restart, whenever the purchaser returns for a service that may include reprogramming or adjustment of the hearing aid. This has resulted in some fittings having a full refund given beyond 90 days from the date of delivery!

HHP previously reported that in the Assembly the bill was amended after much deliberation with the bill's author, to change the tolling from 30 days to 45 days. These amendments were needed to overcome concerns about the bill raised by two members of the Committee,  Assembly Speaker pro Tem Kevin Mullin (D-South San Francisco), who wears two hearing aids, and Assembly Member Roger Dickinson (D-Sacramento), who spent years litigating Song-Beverly cases on behalf of consumers.

CALL TO ACTION:  We aren't all the way there yet. So, HHP is asking all of its members to write the Governor asking for his signature. Below is a sample letter for your convenience.

Sample Letter to the Governor

HHP managed care members began receiving letters from CIGNA regarding its decision to partner with HearPO for all digital and digitally programmable hearing aids and supplies effective 9/1/2014. HHP had recently learned that CIGNA was making this move by way of a letter received from HearPO addressed to one managed care member. We immediately began communications with CIGNA to verify the information as we were aware that none of our members had been properly notified. HHP fully appreciates that this is a deviation from our contract arrangement with CIGNA; however, the contract provision allows CIGNA to make a significant change to the agreement with a 45-day notification.  We have attempted to push back the effective date since our members have only recently received notifications. We will keep you informed if there are any new developments.

Please review the additional information in the links provided:

• CIGNA Notification Letter to Providers
• List of Affected Services
• Hearing Aid Disclosure Form

In the meantime, HHP has confirmed with HearPO that it is still accepting new providers. Below are several documents that help to explain how HearPO works so that you can make an informed business decision as to whether or not you wish to become a provider, along with the necessary credential application documents.