NEW ACC REGULATIONS ON NOISE-INDUCED HEARING LOSS

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On January the 1^st 2011 Dr. Nick Smith, Minister for ACC, abandoned 53, 473* disabled New Zealanders previously covered by ACC…

• These hard working New Zealanders (they built the country…) have injured their hearing in the 1950’s, 60’s and 70’s through no fault of their own by working in industries that are the backbone of our nation  – agriculture, forestry, construction and more…

• 55% of these people worked in low paid manual labor type occupations and cannot afford to pay for their own hearing aids.

• The ACC regulations will make you pay towards hearing aids, hearing aid appointments and repairs even if your hearing was damaged at work.

• The regulations are ageist, and potentially in breach of both the Human Rights Act, and the ILO Convention. The more candles you have on your cake – the more you will pay.

Key Facts

• Noise injury is permanent damage
• Hearing impairment is the number one sensory disability in NZ. Untreated it can lead to isolation and depression.
• 55% of claimants have performed manual labour tasks in NZ industry. They can’t afford to pay for their own hearing aids.
• Regulations hit at the backbone of New Zealander’s, people who have helped build our country
• Government regulation impacting ACC hearing cover will hit the elderly the hardest
• 42% of claims were being turned downed down before the introduction of the regulations – Since January 1^st more people have been turned down, and those who get through are receiving less funding

What is the problem with the proposed regulations?

• The Government is targeting the old and vulnerable with the new ACC regulations
• The Government is ruthlessly targeting New Zealand’s number one sensory disability – hearing impairment and the elderly to save it money.
• Many retirees have less money in their pockets as they get older, and the Government wants those with noise induced hearing loss to suddenly come up with the money to pay towards their hearing aids

Abandoned by ACC – The Hearing Industry Myths

Regulation is critical – contracting with the hearing sector hasn’t worked?
Contracting has worked. In fact an Accord between ACC and the hearing industry has generated savings of $6.7 million in the 2008/2009 year alone.  Hearing related claim numbers increased trending along with the aging population, but the Accord held the rate of increase down to 3% per annum. The hearing industry has a track record of innovatively working with ACC. This partnership approach is now being terminated to railroad through quick change via regulation.

Growth – why are hearing claim costs sky rocketing?
Quite simply they are not. The hearing industry has been responsible and responsive… this is not being reported! The total cost for expenditure of products and services for the approximately 50,000 claimants with noise induced hearing loss for the 2008/2009 year was almost $59 Million. Without the actions of the ACC/industry “Accord”, manufacturers in the industry estimate the costs would have been $66 Million. The savings were achieved from the way the hearing industry operates under the scheme.

New Zealand’s movement away from being a traditional manufacturing and agricultural based economy will see their growth rates come down.  Our past occupations did create noise damage as awareness about protection was low.  The ACC calculations of future growth do not consider new savings achieved or the changes to the New Zealand occupational mix.

Accountability – why won’t the hearing industry help the Government?
We can and will. In fact the hearing industry has been trying to work with the ACC for six months to gain a workable solution in 2010. We volunteered to enter into a transparent survey that assessed the true costs of offering our professional services…. communication broke down when we failed to agree on critical points in the survey methodology. After that discussion stopped and regulation rolled in.

Greed – why is the industry is pushing everyone through to make money?
Quite the contrary. 42% of claimants are turned down each year. There are already good checks and measures that exist in the current system to ensure accountability.

Fairness – proposed changes impact everyone similarly don’t they?
Nothing could be farther from the truth. The regulations are ageist. Quite simply the more candles you have on your birthday cake the worse off you are. Noise induced hearing loss is a permanent injury. But that’s not how it’s considered when it comes to ACC funding. There are tables used to calculate percentage hearing loss caused by injury, these take into consideration a correction for the claimants age. Hearing does generally worsen with age; however the percentage loss caused by damage remains the same because hearing loss is permanent. When it comes to rehabilitation is it fair to disadvantage someone who worked in a factory 40 years ago, had their hearing damaged accidentally in a time when people didn’t even wear hearing protection? We feel that makes no sense at all.

Levies – why should employers have to cover for non work hearing injury?
They don’t. Contrary to what the Minister believes the industry use a Hearing Needs Assessment tool. This ensures claims are made based on “noise damage” proportion only..

No impact on me – why do I care. This change doesn’t affect me.
If you know someone with hearing loss – this change will affect you. Hearing loss impacts the person affected and eight others. It is socially debilitating and is New Zealand’s number one sensory disorder. There will be:

• Less help for you and your family in dealing with hearing aids as no funding is made for post fitting consultation
• Less money available for repairing hearing aids, and a harder fight get funding
• Many people who initially receive hearing aids will give up without regular clinical assistance. Hearing aids will end up in a drawer not being used. This is a false economy, the system gone mad
• There will be many audiologists who will not survive in this environment – you may not have your local trusted audiologist near you

http://www.3news.co.nz/Hearing-loss-sufferers-take-ACC-to-Human-Rights-Commission/tabid/309/articleID/219132/Default.aspx

Human Rights Commission Accepts Case Against ACC Injury Threshold

The Human Rights Commission has accepted NFD’s combined cases submission that the ACC 6 percent injury threshold and age deduction scale are discriminatory on the grounds of age and disability.  Read the media release here and the Dominion Post article dated 18 July with the Ministerial response here

http://www.orl.org.nz/news/acc-hearing-loss-regulations-information–national-foundation-for-the-deaf/

Aid claims fall on deaf ears
New Zealand Herald
… jobs all his adult life and at 49 is still too young for normal age-related hearing loss, has been turned down for an ACC subsidy for a hearing aid. …

http://www.stuff.co.nz/national/health/4172796/ACC-changes-hit-older-people

The National Foundation for the Deaf
http://www.nfd.org.nz/

Hearing Association New Zealand
http://www.hearing.org.nz/

New Zealand Audiological Society
http://www.audiology.org.nz/

ACC Futures Coalition
http://www.accfutures.org.nz/

Grey Power
http://www.greypower.co.nz/

Age concern New Zealand
http://www.ageconcern.org.nz/

What are the new regulations, and what do they mean for you?

The Minister for ACC, Hon Dr Nick Smith recently announced new regulations on financial support for hearing loss that took effect from 1 January 2011.

What are the changes?

From 1 January 2011, ACC will make a contribution to the cost of hearing aids according to how much of your hearing loss is caused by injury (such as work place noise).

There will be a maximum contribution that ACC will pay and if the cost of hearing aids is higher than this amount, you will now need to pay the remaining costs.

These changes will apply to both existing and new ACC clients.

How much funding will be available for hearing aids?

The level of hearing aid funding you are entitled to will be calculated on an individual basis and will depend on the extent of your hearing loss and the mix of injury and age related hearing loss.

If your hearing loss is a mix of injury and age related factors, you will be eligible for some hearing aid funding from ACC and some from the Ministry of Health. This will be apportioned between the two agencies, depending on how much of the total hearing loss is due to injury.

You can apply for a contribution towards hearing aids every six years.

How much funding will be available for repairs and batteries?

ACC will continue to fully fund batteries.

ACC will contribute towards the cost of hearing aid maintenance and repairs. They will contribute $50 towards two in-clinic repairs per year and $200 towards one offsite repair every two years.

Is funding still available for ear wax removal appointments?

Yes.  Ear nurse appointments will continue to be funded by ACC.

Nick Smith 23 November, 2010 Hearing aid costs to be apportioned

The costs of hearing aids for people with a mix of injury and non-injury-related hearing loss are to be apportioned between ACC and Health from 1 January 2011, ACC Minister Nick Smith announced today.
“Change is needed because it is not fair that employers are being required to pay through their ACC levies for the steeply rising costs of age-related hearing loss,” Dr Smith said. “Age is not an accident.
“The cost of ACC hearing loss claims has risen from $20 million per year in 2000 to $60 million today, and is projected to increase to $80 million per year by 2014 contributing to a $1.3 billion liability in ACC’s Work Account.
“The changes to ACC entitlements are being offset by increased funding and support from the Ministry of Health. Any person receiving ACC for hearing aids is currently ineligible for health assistance but in future will be eligible for a portion of the health subsidy.
“Apportionment means people will be assessed in 10% bands for injury and non-injury-related hearing loss and funded accordingly. It means a person with 100% injury-related hearing loss would be eligible for $3450 for two hearing aids from ACC, whereas a person with 100% age-related hearing loss would receive a subsidy of $1022 for two aids from the Ministry of Health as is the case now. The change is that if a person’s hearing loss is a mix of injury and other factors, they would be eligible for some hearing aid funding from ACC and some from the Ministry of Health. For example, a person with 60% injury and 40% non-injury-related hearing loss would receive $2721 for their hearing aids.
“These changes will not affect people with severe hearing loss funded entirely by Health, returned servicemen receiving support from Veterans’ Affairs or the financial support available for low income earners from the Ministry of Social Development.
“These changes will mean less generous funding for people with a mix of injury and non-injury-related hearing loss but I am confident with 56 types of hearing aid available within the lowest band of joint funding provided their needs for support will be able to be met.
“ACC and the Ministry of Health will be working with the audiology sector to implement this fairer approach to funding hearing aids and to ensure good information is provided to the public on the changes.”  

QUESTIONS AND ANSWERS  

Regulations for Noise Induced Hearing Loss – Department of Labour 

Click on the links below to download.

National Foundation for  the Deaf – Submission

ENT Opinion

Professor Peter R Thorne – Submission

New Zealand Audiological Society – Submission

Acceleration of Age-Related Hearing Loss by Early Noise Exposure: Evidence of a Misspent Youth THE JOURNAL OF NEUROSCIENCE
february 15, 2006,26(7):2115-2123;doi:10.1523/jneurosci.4985-05.2006

Fill out your name and email address below.  Your concern will then be emailed to the following people:

Hon Dr Nick Smith
Minister for ACC
Parliamentary Office
Private Bag 18041, Parliament Buildings,
Wellington 6160

Dr Jan White
ACC Chief Executive
Shamrock House
81-83 Molesworth Street
PO Box 242
Wellington

Christopher Blake
Department of Labour Chief Executive
P.O. Box 3705
Wellington

The content of your email will read:

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Dear Minister

*Opposition to ACC Cuts for Hearing Aid Cover*

I want to express my opposition to, and concern about, the new ACC regulations for hearing aids and hearing assessments.

Anyone with a noise induced hearing loss needs their hearing aid to help them cope with everyday life – regardless of how old they are.

Half a hearing aid is no use and won’t help anyone with their hearing loss.  Many ACC claimants who have been injured with permanent hearing loss helped build New Zealand through industries like farming, forestry and manufacturing.

There are a lot of reasons why the changes are unfair and wrong.  Here are just three of them:
Noise induced hearing loss is a permanent disability.  It doesn’t get fixed as you get older.Many people whose hearing was irreversibly damaged by noise in the workplace will no longer be able to get help to hear, they simply won’t be able to afford it.
Many people will be confined to a life with significant hearing loss, and the isolation and depression that comes with that.

This cut won’t just affect me and my quality of life. It is estimated that for every person who has lost their hearing due to noise injury eight other people in their family group or friends will be impacted.

Please listen to my opposition to the new ACC regulations.

I want the Government and ACC to honour its commitments and obligations to people of New Zealand who have had their hearing permanently damaged through no fault of their own.

Please overturn these regulations in the interests of tens of thousands of New Zealanders living with noise-induced hearing loss.

Yours sincerely

[your-name]
[your-email]

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