(May 13, 2009) Legislation (S5257 Hassell-Thompson) to allow physicians to dispense hearing aids on a for-profit basis was recently introduced in the State Senate. Two weeks after introduction of this bill, Senator Ruth Hassell-Thompson “struck the enacting clause” of the legislation, effectively killing the bill.

Senator Hassell-Thompson took this unusual action after NYSSLHA President James Feuerstein, Government Affairs Chairman Salvatore Gruttadauria, and lobbyists at Weingarten, Reid and McNally (WRM) met with the Senator as well as top staff to the new Senate Majority Leader, Malcolm Smith. In our meetings, we stressed the importance of protecting the rights of consumers by ensuring that a physician does not benefit financially from the sale of products that they order or prescribe. New York has been a leader in the nation in prohibiting “self-referral” by physicians.

NYSSLHA thanks Senator Hassell-Thompson and her staff for their willingness to listen to our concerns and withdraw the legislation. As a new member of the Senate Majority, it is clear that Senator Hassell-Thompson will be a champion for consumer health care rights.

NYSSLHA and WRM will continue to monitor legislative activity in this area. It is possible that the bill could be introduced by another member of the Senate and/or Assembly. NYSSLHA and WRM are meeting with members of the Consumer Affairs Committee in both houses to ensure that they are educated about this issue and to prevent new legislation from emerging.

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