Audiologists challenge Medicare rule blocking private-pay hearing care
October 14, 2026
Austin, Texas; October 14, 2026: Two audiologists and a national professional association filed a lawsuit today challenging a federal Medicare rule that blocks audiologists from contracting directly with Medicare patients who want to pay for care out of pocket. Dr. Jill Davis, Dr. Alicia Spoor, and the Academy of Doctors of Audiology (ADA) allege that the law violates their rights by arbitrarily denying audiologists the same private-pay freedom that physicians and many other healthcare providers already have.
“Medicare’s rule forces audiologists and patients into a government-controlled system, even when both sides want the freedom to work together directly,” said Joshua Polk, an attorney with Pacific Legal Foundation. “The Constitution protects the right to earn a living without arbitrary government interference. Audiologists deserve the freedom to serve their patients, and patients deserve the freedom to spend their own money on lawful care from the qualified provider they choose.”
Dr. Davis and Dr. Spoor both own private practices, where many of their patients are seniors who rely on Medicare. But Medicare’s complex coverage rules, low reimbursement rates, referral requirements, and billing limits make it harder for small audiology practices to serve patients efficiently and affordably. Although patients already pay directly for many audiology services Medicare does not cover — such as hearing aids — federal law prevents audiologists from opting out of Medicare altogether.
The lawsuit challenges Medicare’s exclusion of audiologists from the private-pay option available to most healthcare providers. A victory would allow audiologists to step outside Medicare’s burdensome system and contract directly with willing patients, expanding choice and access for seniors nationwide.
Pacific Legal Foundation represents Dr. Davis, Dr. Spoor, and the Academy of Doctors of Audiology free of charge. The case is Academy of Doctors of Audiology, et al. v. Kennedy.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 21 cases litigated at the U.S. Supreme Court.