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Your Rights: Consumer Protection
Hearing aid users do have rights. Why do they need them? How about answering a question with a question: Why do we need consumer protection for anything? Simply put, not every provider you see holds themselves to as high an ethical standard as they should. Most do, but there is a small minority that do not, and they make the rest of us look bad. Therefore, it is the responsibility of "the Good Guys" to help inform the consumer so that you can make good choices in finding a provider you can trust.
Both State and Federal laws provide for consumer protection. At the Federal level, the Food and Drug Administration regulates the distribution of medical devices, and has standards by which hearing aids can be sold. One very important recommendation is to have a consultation with a physician prior to being fit with hearing aids to rule out medical issues that might need to be treated first. Adults can sign a waiver, but this is not an available option for children. For adults, it is not necessarily in your interest to sign a waiver unless you're absolutely sure there are no other mitigating factors. Likewise, the Federal Trade Commission regulates consumer fraud and advertising practices.
At the state level, there are additional consumer protection laws, the key ones relating to the patient's right to return the product should it not provide an adequate degree of satisfaction. In Oregon, the consumer is guaranteed a minimum 30-day period during which they can return the product and receive the majority of their money back, and the refund must be in the consumer's hands within 10 days of the product's return. The hearing professional can retain up to 10% of the cost of the product or up to $250 per instrument, whichever is less. Why do they get to retain anything? It is to help defer the costs involved for time and materials during the trial period. And if you think about it, what other consumer product can be purchased that has this type of guarantee? Often with consumer electronics, once it is out of the box, options for return are very limited.
Other consumer protection relates to disclosure of information the consumer needs to know about ongoing service and costs: warranty, service location, hearing professional licensing information, and where complaints can be filed, as an example. Additional information can be found at http://www.oregon.gov/OHLA/HAS/consumerprotection.shtml.
How to be successful with hearing aids
Step-by-step
- Involve your family. Let's face it: we don't really wear hearing aids because we want to hear better. We wear them because we want to improve communication with our friends and family. It's all about relationships. They are the reason you're likely doing this in the first place.
- Involve your physician. Your physician should be involved in every aspect of your health. A thorough hearing evaluation may detect health-related issues that could ultimately lead to medical treatment. Therefore, your doctor should be kept up-to-speed on this aspect of your health as much as any other. Your doctor will also refer you to someone they consider reputable.
- Involve your insurance company. While hearing aids are still not seen by many health insurance companies as something to cover, this has been changing quite significantly over the past few years. It is best to know ahead of time if your insurance has a hearing aid benefit and what providers in the area accept your insurance. You may get a nice surprise, and your insurance company will only refer you to a reputable practice, just like your physician.
- Set a budget before your appointment, but be flexible. General pricing on good quality hearing aids run $800 to $3,500 each depending on level of technology and features. Don't overspend or get talked into products with features you'll never use, but don't sell yourself short and get a cheaper product that may not adequately meet your needs. Get the most your budget will allow.
- Bring a family member or friend with you. As stated above, involving a family member or friend can help you ask the right questions, as well as protect and encourage you to make the right decisions.
- Have a thorough hearing evaluation. Recommendations by the professional can only be based on the information they have about your problem. A "quickie" evaluation (5-10 minutes) followed by a long sales pitch is a red flag. A thorough diagnostic evaluation may discover other mitigating problems that deserve medical attention. It will also be followed by a thorough interview about your needs and lifestyle to help determine the appropriate hearing technology to meet your needs.
- Ask questions. Ultimately, it is your decision to proceed. Therefore it's best to get all the answers you need prior to proceeding.
- Do not feel pressured, but be open-minded. If the sales pitch sounds like a time-share sale, be careful. But also keep in mind that if you truly have a problem, you should ask for a demonstration to hear the improvement for yourself. And if it makes a difference, it's in your best interest to proceed.
- If hearing aids are recommended, select the product that best meets your needs and your budget.
- Ask about the fitting process and what is expected of you. A fitting appointment should consist of (1) physical fit, (2) sound quality, and (3) detailed instructions. To properly cover everything, I would expect a minimum of 30 minutes, with easily as much as 60, all dependent on the sophistication of the hearing aids involved. It's in the provider's interest to have you as well-educated as possible to ensure your success, as well as theirs.
- Ask about your evaluation period and the return policy. Oregon State Law and the FDA guarantee a minimum 30-day trial period, during which time there are specific reasons for which the hearing aid can be returned if they are not properly meeting your needs. Most providers will let you return them for any reason, as flexibility is important for a business' success.
- Understand your fees. How much do the hearing aids cost? How much is refundable to you if you decide to not keep them? Oregon's limit is 10% of the total cost, not to exceed $250 per instrument. Some non-refundable amount is reasonable, but it shouldn't be excessive. Other cost questions would relate to follow-up visits (included in the cost or not?), batteries, repair costs, loss and damage deductibles, etc.
- Understand your warranty. What's covered, what's not, and for how long.
- If everything seems appropriate, proceed with your order. If you took the time to have the evaluation, then you obviously suspect a problem. So why not try a solution?
- Follow-through on your appointments. Purchasing a hearing aid is not like buying an appliance. Solving your hearing problem is more like physical therapy, requiring follow-up visits to fine-tune the settings, adjust the physical fit for comfort, and round-out your knowledge. The more you know, the better off you will be.
- Expect a difference–in almost every way. Not only will you be able to hear better, you will hear more–more than you have in a long time. Fans, creaky floors and turn signals in the car will all come rushing back to you again. The novelty of it, however, will make you more aware of it since you haven't heard those sounds in a long time. You need time to get used to it. Embrace your new sound environment and have patience.
- Know your expectations. As the name implies, they are hearing aids, not cures. Therefore, it only can provide as much improvement as it has an ear to work with. Nothing created by man works perfect, so perfection should not be an expectation. Improvement, however, should be.
- If a problem arises that you can't take care of on your own, see your original provider. This is part of what you paid the provider to do. Your long-term success depends on good communication with your provider. We can't fix a problem we don't know about and often these problems can be rectified in short order.
- If you're not satisfied, return to your provider and seek satisfaction. Again, this is what they promised, so they should deliver. Your expectations should be reasonable, but they should follow through as well. You should first complain to your provider before anyone else. Give them the opportunity to fix any problems prior to complaining to anyone else.
- If you're successful, tell everyone you know. The market penetration for hearing aids is only about 20%. It stands to reason that the cost of hearing aids will likely be reduced if sales increase. Therefore, if you're successful, spread the news so that others can share in your success. There are many myths about hearing aids that you can help dispel.
