NY State Senate Bill 2011-S3379

Senate Bill S3379

2011-2012 Legislative Session

Requires all insurance policies and medical assistance to provide coverage for medically necessary hearing aids for children under 16 years of age

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2012	print number 3379a
Mar 30, 2012	amend and recommit to insurance
Jan 04, 2012	referred to insurance
Feb 17, 2011	referred to insurance

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S3379 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §§3216, 3221 & 4303, Ins L; amd §2511, Pub Health L; amd §365-a, Soc Serv L
Versions Introduced in 2013-2014 Legislative Session:: S1580

2011-S3379 - Summary

Enacts "Isabella's law" to require all health insurance policies and medical assistance to provide insurance coverage for the cost of medically necessary hearing aids for children under the age of 16.

2011-S3379 - Sponsor Memo

                                BILL NUMBER:S3379

TITLE OF BILL:
An act
to amend the insurance law, the
public health law and the social services law, in
relation to requiring coverage
for the purchase of medically necessary
hearing aids for children under the age of sixteen years

PURPOSE:
"Isabella's Law" requires all insurance policies and medical
assistance to provide coverage for medically necessary hearing aids
for children under 16 years of age.

SUMMARY OF PROVISIONS:
Section 1. This Act shall be known and may be cited as "Isabella's law".

Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph [28 (A) (i)] Every health insurance policy
issued or delivered in this state shall provide coverage for
medically necessary hearing aids purchased from a hearing aid
dispenser registered under article 37A of the general business law or
an audiologist licensed under article 159 of the education law for an
insured person who is less than 16 years of age, such insured person
shall be entitled to reimbursement of up to $1,000 for each hearing

aid every 2 years for expenses related to the purchase of up to 2
hearing aids. When it is demonstrated that (1) the insured child's
hearing has changed significantly within a 2-year period and (2) the
existing hearing aid will no longer correct the child's hearing loss,
such insured person shall be entitled to reimbursement for additional
hearing aid expenses. (ii) the insured personal shall be entitled to
spend more than $1,000 on each hearing aid, but shall only be allowed
reimbursement up to the amount provided in clause (i) of this
subparagraph. 28 (B) (i) For the purpose of this paragraph "hearing
aid" shall mean any wearable instrument or devices designed for
hearing and any parts, attachments or accessories
but excluding batteries and cords or accessories thereto. (ii)
For the purpose of this section, services for recasing, resheiling
and acquiring new molds shall be included as part of the policies.
(C) Coverage provided pursuant to this paragraph shall not be subject
to deductibles, coinsurance or co-payments.

Section 3221 of the insurance law is amended by adding a new
subsection (s), (s) (I) (A), (B), (2A), (B) and (3) that reads
exactly as the new paragraph 28 (A) (i) to Subsection (i) of section
3216 of the insurance law.

Section 4303 of the insurance law is amended by adding a new
subsection (hh) (1) (A) which reads, every contract issued or
delivered in this state by a health service corporation or hospital
service corporation shall provide coverage for hearing aids purchased
from a hearing aid dispenser registered under article 37-A of the
general business law or an audiologist licensed under article 159 of
the education law for an insured person who is less than 16 years of
age,
such insured person shall be entitled to reimbursement of up to $1,000


for each hearing aid every 2 years for expenses related to the
purchase of up to 2 hearing aids. When it is demonstrated that (i)
the insured child's hearing has changed significantly within a 2-year
period and (ii) the existing hearing aid will no longer correct the
child's hearing loss, such insured person shall be entitled to
reimbursement for additional hearing aid expenses. (B) the insured
person shall be entitled to spend more than $1,000 on each hearing
aid, but shall only be allowed reimbursement up to the amount
provided in subparagraph (A) of this paragraph. (2) (A), For the
purpose of this paragraph "hearing aid" shall mean any wearable
instrument or devices designed for hearing and any parts, attachments
or accessories but excluding batteries and cords or accessories
thereto. (B) For the purpose of this section, services for recasing,
reshelling and acquiring new molds shall be included as part of the
policies. (3) Coverage provided pursuant to this paragraph shall not
be subject to deductibles, coinsurance or co-payments.

Subdivision 6 of section 2511 of the public health law is amended by
adding a new paragraph (c1), standards requiring coverage for
medically necessary hearing aids in accordance with subsection (s) of
section 3221 of the insurance law.

Section 5, Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (w), the purchase of medically
necessary hearing aids from a hearing aid dispenser registered under
article 37-A of the general business law or an audiologist licensed
under article 159 of the education law for any child who is less than
16 years of age. Such assistance shall be limited to $1,000 for each
hearing aid every 2 years for up to 2 hearing aids.

JUSTIFICATION:
Isabella Fager is a 6-year-old little girl from New York with a severe
hearing impairment and currently her parents are forced to pay for
her hearing aids out of their own pockets. In the event that
Isabella's parents and other parents in their position could not
afford the thousands of dollars needed to purchase hearing aids
Isabella may have never had the chance to learn how to speak or be
able to hear her mom and dad tell her that they love her. This bill
is especially important because children out-grow hearing aids
frequently and in cases of children with progressive hearing loss,
they will require stronger hearing aids as time goes on, making
replacement hearing aids necessary and costly to the parents.

The State of New Jersey passed a similar measure in 2008.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect July 1, 2013 and sections
one, two and three of this act shall apply to all policies issued,
modified or renewed on and after such date.

2011-S3379 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3379

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, the public health law and the  social
  services  law,  in  relation to requiring coverage for the purchase of
  medically necessary hearing aids for children under the age of sixteen
  years

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Isabella's law".
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 28 to read as follows:
  (28) (A) (I) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS
STATE SHALL  PROVIDE  COVERAGE  FOR  MEDICALLY  NECESSARY  HEARING  AIDS
PURCHASED  FROM A HEARING AID DISPENSER REGISTERED UNDER ARTICLE THIRTY-
SEVEN-A OF THE GENERAL BUSINESS LAW OR  AN  AUDIOLOGIST  LICENSED  UNDER
ARTICLE  ONE  HUNDRED  FIFTY-NINE  OF  THE  EDUCATION LAW FOR AN INSURED
PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH INSURED PERSON  SHALL
BE  ENTITLED  TO  REIMBURSEMENT  OF  UP TO ONE THOUSAND DOLLARS FOR EACH
HEARING AID EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE  OF  UP
TO  TWO  HEARING  AIDS.    WHEN  IT IS DEMONSTRATED THAT (1) THE INSURED
CHILD'S HEARING HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR  PERIOD  AND
(2)  THE EXISTING HEARING AID WILL NO LONGER CORRECT THE CHILD'S HEARING
LOSS, SUCH INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT  FOR  ADDI-
TIONAL HEARING AID EXPENSES.
  (II)  FOR  THE PURPOSES OF THIS PARAGRAPH, THE INSURED PERSON SHALL BE
ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON  EACH  HEARING  AID,
BUT  SHALL  ONLY  BE  ALLOWED REIMBURSEMENT UP TO THE AMOUNT PROVIDED IN
CLAUSE (I) OF THIS SUBPARAGRAPH.
  (B)(I) FOR THE PURPOSES OF THIS PARAGRAPH "HEARING AID" SHALL MEAN ANY
WEARABLE INSTRUMENT OR DEVICES  DESIGNED  FOR  HEARING  AND  ANY  PARTS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06999-02-1

S. 3379                             2

ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
RIES THERETO.
  (II) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL-
ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
  (C)  COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
  S 3. Section 3221 of the insurance law is  amended  by  adding  a  new
subsection (s) to read as follows:
  (S) (1) (A) EVERY GROUP HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN
THIS  STATE  SHALL  PROVIDE  COVERAGE  FOR HEARING AIDS PURCHASED FROM A
HEARING AID DISPENSER REGISTERED UNDER  ARTICLE  THIRTY-SEVEN-A  OF  THE
GENERAL  BUSINESS  LAW  OR  AN  AUDIOLOGIST  LICENSED  UNDER ARTICLE ONE
HUNDRED FIFTY-NINE OF THE EDUCATION LAW FOR AN  INSURED  PERSON  WHO  IS
LESS THAN SIXTEEN YEARS OF AGE, SUCH INSURED PERSON SHALL BE ENTITLED TO
REIMBURSEMENT  OF  UP TO ONE THOUSAND DOLLARS FOR EACH HEARING AID EVERY
TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE  OF  UP  TO  TWO  HEARING
AIDS.   WHEN IT IS DEMONSTRATED THAT (I) THE INSURED CHILD'S HEARING HAS
CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD  AND  (II)  THE  EXISTING
HEARING  AID  WILL  NO  LONGER  CORRECT  THE  CHILD'S HEARING LOSS, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDITIONAL HEARING
AID EXPENSES.
  (B) FOR THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON  SHALL  BE
ENTITLED  TO  SPEND  MORE THAN ONE THOUSAND DOLLARS ON EACH HEARING AID,
BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO  THE  AMOUNT  PROVIDED  IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  (2)(A)  FOR  THE PURPOSES OF THIS SUBSECTION, "HEARING AID" SHALL MEAN
ANY WEARABLE INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND  ANY  PARTS,
ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
RIES THERETO.
  (B)  FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL-
ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
  (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (hh) to read as follows:
  (HH)  (1)  (A)  EVERY  CONTRACT ISSUED OR DELIVERED IN THIS STATE BY A
HEALTH SERVICE CORPORATION OR HOSPITAL SERVICE CORPORATION SHALL PROVIDE
COVERAGE FOR HEARING AIDS PURCHASED FROM A HEARING AID DISPENSER  REGIS-
TERED  UNDER  ARTICLE  THIRTY-SEVEN-A  OF THE GENERAL BUSINESS LAW OR AN
AUDIOLOGIST LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE  EDUCA-
TION  LAW  FOR  AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE,
SUCH INSURED PERSON SHALL BE ENTITLED TO  REIMBURSEMENT  OF  UP  TO  ONE
THOUSAND  DOLLARS  FOR  EACH  HEARING  AID  EVERY TWO YEARS FOR EXPENSES
RELATED TO THE PURCHASE OF UP TO TWO HEARING AIDS.   WHEN IT  IS  DEMON-
STRATED  THAT  (I) THE INSURED CHILD'S HEARING HAS CHANGED SIGNIFICANTLY
WITHIN A TWO YEAR PERIOD AND (II) THE EXISTING HEARING AID WILL NO LONG-
ER CORRECT THE CHILD'S HEARING LOSS, SUCH INSURED PERSON SHALL BE  ENTI-
TLED TO REIMBURSEMENT FOR ADDITIONAL HEARING AID EXPENSES.
  (B)  FOR  THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON SHALL BE
ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON  EACH  HEARING  AID,
BUT  SHALL  ONLY  BE  ALLOWED REIMBURSEMENT UP TO THE AMOUNT PROVIDED IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  (2)(A) FOR THE PURPOSES OF THIS SUBSECTION, "HEARING AID"  SHALL  MEAN
ANY  WEARABLE  INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND ANY PARTS,
ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
RIES THERETO.

S. 3379                             3

  (B) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING,  RESHELL-
ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
  (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
  S 5. Subdivision 6 of section 2511 of the public health law is amended
by adding a new paragraph (c-1) to read as follows:
  (C-1)  STANDARDS  REQUIRING  COVERAGE  FOR MEDICALLY NECESSARY HEARING
AIDS IN ACCORDANCE WITH SUBSECTION (S) OF  SECTION  THREE  THOUSAND  TWO
HUNDRED TWENTY-ONE OF THE INSURANCE LAW;
  S  6.  Subdivision  2  of  section 365-a of the social services law is
amended by adding a new paragraph (w) to read as follows:
  (W) THE PURCHASE OF MEDICALLY NECESSARY HEARING AIDS  FROM  A  HEARING
AID  DISPENSER  REGISTERED  UNDER  ARTICLE THIRTY-SEVEN-A OF THE GENERAL
BUSINESS LAW OR  AN  AUDIOLOGIST  LICENSED  UNDER  ARTICLE  ONE  HUNDRED
FIFTY-NINE  OF  THE EDUCATION LAW FOR ANY CHILD WHO IS LESS THAN SIXTEEN
YEARS OF AGE. SUCH ASSISTANCE SHALL BE LIMITED TO ONE  THOUSAND  DOLLARS
FOR EACH HEARING AID EVERY TWO YEARS FOR UP TO TWO HEARING AIDS.
  S  7.  This act shall take effect July 1, 2013 and sections two, three
and four of this act shall apply to all  policies  issued,  modified  or
renewed on and after such date.

co-Sponsors

2011-S3379A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §§3216, 3221 & 4303, Ins L; amd §2511, Pub Health L; amd §365-a, Soc Serv L
Versions Introduced in 2013-2014 Legislative Session:: S1580

2011-S3379A (ACTIVE) - Summary

2011-S3379A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3379A

TITLE OF BILL:
An act
to amend the insurance law, the
public health law and the social services law, in
relation to requiring coverage
for the purchase of medically necessary
hearing aids for children under the age of sixteen years

PURPOSE:
"Isabella's Law" requires all insurance policies and medical
assistance to provide coverage for medically necessary hearing aids
for children under 16 years of age.

SUMMARY OF PROVISIONS:
Section 1. This Act shall be known and may be cited as "Isabella's law".

Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 29 (A) (i) Every health insurance policy
issued or delivered in this state shall provide coverage for
medically necessary hearing aids purchased from a hearing aid
dispenser registered under article 37A of the general business law or
an audiologist licensed under article 159 of the education law for an
insured person who is less than 16 years of age, such insured person
shall be entitled to reimbursement of up to $1,000 for each hearing

aid every 2 years for expenses related to the purchase of up to 2
hearing aids. When it is demonstrated that (1) the insured child's
hearing has changed significantly within a 2-year period and (2) the
existing hearing aid will no longer correct the child's hearing loss,
such insured person shall be entitled to reimbursement for additional
hearing aid expenses. (ii) the insured personal shall be entitled to
spend more than $1,000 on each hearing aid, but shall only be allowed
reimbursement up to the amount provided in clause (i) of this
subparagraph. 28 (B) (i) For the purpose of this paragraph "hearing
aid" shall mean any wearable instrument or devices
designed for hearing and any parts, attachments or accessories but
excluding batteries and cords or accessories thereto. (ii) For the
purpose of this section, services for recasing, resheiling and
acquiring new molds shall be included as part of the policies. (C)
Coverage provided pursuant to this paragraph shall not be subject to
deductibles, coinsurance or co-payments.

Section 3221
of the insurance law is amended by adding a new subsection (s) (I)
(A), (B), (2A), (B) and (3) that reads exactly as the new (A) (i) to
Subsection (i) of section 3216 of the insurance law.

Section 4303 of the insurance law is amended by adding a new
subsection (hh) (1) (A) which reads, every contract issued or
delivered in this state by a health service corporation or hospital

service corporation shall provide coverage for hearing aids purchased
from a hearing aid dispenser registered under article 37-A of the
general business law or an audiologist licensed under article 159 of
the education law for an insured person who is less than 16 years of
age, such insured person shall be entitled to reimbursement of up to
$1,000 for each hearing aid every 2 years for expenses related to the
purchase of up to 2 hearing aids. When it is demonstrated that (i)
the insured child's hearing has changed significantly within a 2-year
period and (ii) the existing hearing aid will no longer correct the
child's hearing loss, such insured person shall be entitled to
reimbursement for additional hearing aid expenses. (B) the insured
person shall be entitled to spend more than $1,000 on each hearing
aid, but shall only be allowed reimbursement up to the amount
provided in subparagraph (A) of this paragraph. (2) (A), For the
purpose of this paragraph "hearing aid" shall mean any wearable
instrument or devices designed for hearing and any parts,
attachments or accessories but excluding batteries and cords or
accessories thereto.
(B) For the purpose of this section, services for recasing, reshelling
and acquiring new molds shall be included as part of the policies.
(3) Coverage provided pursuant to this paragraph shall not be subject
to deductibles, coinsurance or co-payments.

Subdivision 6 of section 2511 of the public health law is amended by
adding a new paragraph (C1), standards requiring coverage for
medically necessary hearing aids in accordance with subsection (s) of
section 3221 of the insurance law.

Section 5, Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (w), the purchase of medically
necessary hearing aids from a hearing aid dispenser registered under
article 37-A of the general business law or an audiologist licensed
under article 159 of the education law for any child who is less than
16 years of age. Such assistance shall be limited to $1,000 for each
hearing aid every 2 years for up to 2 hearing aids.

JUSTIFICATION:
Isabella Fager is a 6-year-old little girl from New York with a
severe hearing impairment and currently her parents are forced to pay
for her hearing aids out of their own pockets. In the event that
Isabella's parents and other parents in their position could not
afford the thousands of dollars needed to purchase hearing aids
Isabella may have never
had the chance to learn how to speak or be able to hear her morn and
dad tell her that they love her. This bill is especially important
because children out-grow hearing aids frequently and in cases of
children with progressive hearing loss, they will require stronger
hearing aids as time goes on, making replacement hearing aids
necessary and costly to the parents.

The state of New Jersey passed a similar measure in 2008.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect July 1, 2014 and sections one, two and
three of this act shall apply to all policies issued, modified or
renewed on and after such date.

2011-S3379A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3379--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sens. McDONALD, LANZA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  recommitted  to  the  Committee on Insurance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the insurance law, the public health law and the social
  services law, in relation to requiring coverage for  the  purchase  of
  medically necessary hearing aids for children under the age of sixteen
  years

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Isabella's law".
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 29 to read as follows:
  (29) (A) (I) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS
STATE  SHALL  PROVIDE  COVERAGE  FOR  MEDICALLY  NECESSARY  HEARING AIDS
PURCHASED FROM A HEARING AID DISPENSER REGISTERED UNDER ARTICLE  THIRTY-
SEVEN-A  OF  THE  GENERAL  BUSINESS LAW OR AN AUDIOLOGIST LICENSED UNDER
ARTICLE ONE HUNDRED FIFTY-NINE OF  THE  EDUCATION  LAW  FOR  AN  INSURED
PERSON  WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH INSURED PERSON SHALL
BE ENTITLED TO REIMBURSEMENT OF UP TO  ONE  THOUSAND  DOLLARS  FOR  EACH
HEARING  AID  EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP
TO TWO HEARING AIDS.   WHEN IT IS  DEMONSTRATED  THAT  (1)  THE  INSURED
CHILD'S  HEARING  HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND
(2) THE EXISTING HEARING AID WILL NO LONGER CORRECT THE CHILD'S  HEARING
LOSS,  SUCH  INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDI-
TIONAL HEARING AID EXPENSES.
  (II) FOR THE PURPOSES OF THIS PARAGRAPH, THE INSURED PERSON  SHALL  BE
ENTITLED  TO  SPEND  MORE THAN ONE THOUSAND DOLLARS ON EACH HEARING AID,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06999-04-2

S. 3379--A                          2

BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO  THE  AMOUNT  PROVIDED  IN
CLAUSE (I) OF THIS SUBPARAGRAPH.
  (B)(I) FOR THE PURPOSES OF THIS PARAGRAPH "HEARING AID" SHALL MEAN ANY
WEARABLE  INSTRUMENT  OR  DEVICES  DESIGNED  FOR  HEARING AND ANY PARTS,
ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
RIES THERETO.
  (II) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL-
ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
  (C) COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE  SUBJECT
TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
  S  3.  Section  3221  of  the insurance law is amended by adding a new
subsection (s) to read as follows:
  (S) (1) (A) EVERY GROUP HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN
THIS STATE SHALL PROVIDE COVERAGE FOR  HEARING  AIDS  PURCHASED  FROM  A
HEARING  AID  DISPENSER  REGISTERED  UNDER ARTICLE THIRTY-SEVEN-A OF THE
GENERAL BUSINESS LAW  OR  AN  AUDIOLOGIST  LICENSED  UNDER  ARTICLE  ONE
HUNDRED  FIFTY-NINE  OF  THE  EDUCATION LAW FOR AN INSURED PERSON WHO IS
LESS THAN SIXTEEN YEARS OF AGE, SUCH INSURED PERSON SHALL BE ENTITLED TO
REIMBURSEMENT OF UP TO ONE THOUSAND DOLLARS FOR EACH HEARING  AID  EVERY
TWO  YEARS  FOR  EXPENSES  RELATED  TO THE PURCHASE OF UP TO TWO HEARING
AIDS.  WHEN IT IS DEMONSTRATED THAT (I) THE INSURED CHILD'S HEARING  HAS
CHANGED  SIGNIFICANTLY  WITHIN  A  TWO YEAR PERIOD AND (II) THE EXISTING
HEARING AID WILL NO  LONGER  CORRECT  THE  CHILD'S  HEARING  LOSS,  SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDITIONAL HEARING
AID EXPENSES.
  (B)  FOR  THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON SHALL BE
ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON  EACH  HEARING  AID,
BUT  SHALL  ONLY  BE  ALLOWED REIMBURSEMENT UP TO THE AMOUNT PROVIDED IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  (2)(A) FOR THE PURPOSES OF THIS SUBSECTION, "HEARING AID"  SHALL  MEAN
ANY  WEARABLE  INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND ANY PARTS,
ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
RIES THERETO.
  (B) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING,  RESHELL-
ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
  (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
  S  4.  Section  4303  of  the insurance law is amended by adding a new
subsection (ii) to read as follows:
  (II) (1) (A) EVERY CONTRACT ISSUED OR DELIVERED IN  THIS  STATE  BY  A
HEALTH SERVICE CORPORATION OR HOSPITAL SERVICE CORPORATION SHALL PROVIDE
COVERAGE  FOR HEARING AIDS PURCHASED FROM A HEARING AID DISPENSER REGIS-
TERED UNDER ARTICLE THIRTY-SEVEN-A OF THE GENERAL  BUSINESS  LAW  OR  AN
AUDIOLOGIST  LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE EDUCA-
TION LAW FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN  YEARS  OF  AGE,
SUCH  INSURED  PERSON  SHALL  BE  ENTITLED TO REIMBURSEMENT OF UP TO ONE
THOUSAND DOLLARS FOR EACH HEARING  AID  EVERY  TWO  YEARS  FOR  EXPENSES
RELATED  TO  THE  PURCHASE OF UP TO TWO HEARING AIDS.  WHEN IT IS DEMON-
STRATED THAT (I) THE INSURED CHILD'S HEARING HAS  CHANGED  SIGNIFICANTLY
WITHIN A TWO YEAR PERIOD AND (II) THE EXISTING HEARING AID WILL NO LONG-
ER  CORRECT THE CHILD'S HEARING LOSS, SUCH INSURED PERSON SHALL BE ENTI-
TLED TO REIMBURSEMENT FOR ADDITIONAL HEARING AID EXPENSES.
  (B) FOR THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON  SHALL  BE
ENTITLED  TO  SPEND  MORE THAN ONE THOUSAND DOLLARS ON EACH HEARING AID,
BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO  THE  AMOUNT  PROVIDED  IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH.

S. 3379--A                          3

  (2)(A)  FOR  THE PURPOSES OF THIS SUBSECTION, "HEARING AID" SHALL MEAN
ANY WEARABLE INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND  ANY  PARTS,
ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
RIES THERETO.
  (B)  FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL-
ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
  (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
  S 5. Subdivision 6 of section 2511 of the public health law is amended
by adding a new paragraph (c-1) to read as follows:
  (C-1) STANDARDS REQUIRING COVERAGE  FOR  MEDICALLY  NECESSARY  HEARING
AIDS  IN  ACCORDANCE  WITH  SUBSECTION (S) OF SECTION THREE THOUSAND TWO
HUNDRED TWENTY-ONE OF THE INSURANCE LAW;
  S 6. Subdivision 2 of section 365-a of  the  social  services  law  is
amended by adding a new paragraph (w) to read as follows:
  (W)  THE  PURCHASE  OF MEDICALLY NECESSARY HEARING AIDS FROM A HEARING
AID DISPENSER REGISTERED UNDER ARTICLE  THIRTY-SEVEN-A  OF  THE  GENERAL
BUSINESS  LAW  OR  AN  AUDIOLOGIST  LICENSED  UNDER  ARTICLE ONE HUNDRED
FIFTY-NINE OF THE EDUCATION LAW FOR ANY CHILD WHO IS LESS  THAN  SIXTEEN
YEARS  OF  AGE. SUCH ASSISTANCE SHALL BE LIMITED TO ONE THOUSAND DOLLARS
FOR EACH HEARING AID EVERY TWO YEARS FOR UP TO TWO HEARING AIDS.
  S 7. This act shall take effect July 1, 2014 and sections  two,  three
and  four  of  this  act shall apply to all policies issued, modified or
renewed on and after such date.

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Senate Bill S3379

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Sponsored By

Roy J. McDonald

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

co-Sponsors

Andrew J. Lanza

2011-S3379 - Details

2011-S3379 - Summary

2011-S3379 - Sponsor Memo

2011-S3379 - Bill Text download pdf

co-Sponsors

Andrew J. Lanza

2011-S3379A (ACTIVE) - Details

2011-S3379A (ACTIVE) - Summary

2011-S3379A (ACTIVE) - Sponsor Memo

2011-S3379A (ACTIVE) - Bill Text download pdf

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