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

                                   712

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law, in relation to providing coverage for
  hearing aids

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

  Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
amended by adding a new paragraph 30 to read as follows:
  (30) (A) EVERY HEALTH INSURANCE POLICY ISSUED  OR  DELIVERED  IN  THIS
STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM HEARING AID
DISPENSERS  REGISTERED UNDER ARTICLE THIRTY-SEVEN-A OF THE GENERAL BUSI-
NESS LAW OR AUDIOLOGISTS LICENSED UNDER ARTICLE ONE  HUNDRED  FIFTY-NINE
OF THE EDUCATION LAW IN THE FOLLOWING MANNER:
  (I)  FOR  AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO  THREE  THOU-
SAND  DOLLARS  EVERY  FOUR YEARS FOR EXPENSES RELATED TO THE PURCHASE OF
EACH HEARING AID.
  (II) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO  THREE  THOU-
SAND  DOLLARS  EVERY  TWO  YEARS FOR EXPENSES RELATED TO THE PURCHASE OF
EACH HEARING AID.  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 ADDITIONAL
HEARING AID EXPENSES.
  (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.   A REGISTERED HEARING AID DISPENSER OR LICENSED AUDIOLO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04424-01-3
              

A. 712                              2

GIST SHALL DETERMINE THE TYPE OF DEVICE NEEDED TO  CORRECT  THE  HEARING
LOSS.
  (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 2. Section 3221 of the insurance law is  amended  by  adding  a  new
subsection (s) to read as follows:
  (S)  (1)  EVERY  GROUP  HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN
THIS STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM  HEAR-
ING AID DISPENSERS REGISTERED UNDER ARTICLE THIRTY-SEVEN-A OF THE GENER-
AL  BUSINESS  LAW  OR  AUDIOLOGISTS  LICENSED  UNDER ARTICLE ONE HUNDRED
FIFTY-NINE OF THE EDUCATION LAW IN THE FOLLOWING MANNER:
  (A) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR  OLDER,  SUCH
INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO THREE THOU-
SAND DOLLARS EVERY FOUR YEARS FOR EXPENSES RELATED TO  THE  PURCHASE  OF
EACH HEARING AID.
  (B)  FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO  THREE  THOU-
SAND  DOLLARS  EVERY  TWO  YEARS FOR EXPENSES RELATED TO THE PURCHASE OF
EACH HEARING AID.  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.
  (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.  A REGISTERED HEARING AID DISPENSER OR  LICENSED  AUDIOLO-
GIST  SHALL  DETERMINE  THE TYPE OF DEVICE NEEDED TO CORRECT THE HEARING
LOSS.
  (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  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (jj) to read as follows:
  (JJ) (1) EVERY CONTRACT ISSUED OR DELIVERED IN THIS STATE BY A  HEALTH
SERVICE CORPORATION OR HOSPITAL SERVICE CORPORATION SHALL PROVIDE COVER-
AGE  FOR  HEARING  AIDS PURCHASED FROM HEARING AID DISPENSERS REGISTERED
UNDER ARTICLE THIRTY-SEVEN-A OF THE GENERAL BUSINESS LAW OR AUDIOLOGISTS
LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE  EDUCATION  LAW  IN
THE FOLLOWING MANNER:
  (A)  FOR  AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO  THREE  THOU-
SAND  DOLLARS  EVERY  FOUR YEARS FOR EXPENSES RELATED TO THE PURCHASE OF
EACH HEARING AID.
  (B) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE,  SUCH
INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO THREE THOU-
SAND DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED  TO  THE  PURCHASE  OF
EACH  HEARING AID.  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.

A. 712                              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.   A REGISTERED HEARING AID DISPENSER OR LICENSED AUDIOLO-
GIST  SHALL  DETERMINE  THE TYPE OF DEVICE NEEDED TO CORRECT THE HEARING
LOSS.
  (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. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
policies issued, modified or renewed on and after such date.