S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8640
 
                             I N  S E N A T E
 
                              March 24, 2022
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN  ACT  to  amend the insurance law, in relation to requiring insurance
   policies to provide coverage  for  medically  necessary  hearing  aids
   purchased from hearing aid dispensers
 
   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 36 to read as follows:
   (36)  (A)  EVERY  HEALTH INSURANCE POLICY THAT PROVIDES MEDICAL, MAJOR
 MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE ISSUED OR  DELIVERED  IN
 THIS  STATE  SHALL PROVIDE COVERAGE FOR MEDICALLY NECESSARY 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 FOR AN INSURED
 PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE. COVERAGE MAY  BE  LIMITED
 TO  ONE  HEARING  AID  PER  EACH  HEARING-IMPAIRED EAR EVERY TWENTY-FOUR
 MONTHS UNLESS IT IS DEMONSTRATED THAT: (I) THE INSURED  CHILD'S  HEARING
 HAS  CHANGED SIGNIFICANTLY WITHIN A TWO-YEAR PERIOD; AND (II) THE EXIST-
 ING HEARING AID WILL NO LONGER CORRECT THE CHILD'S HEARING LOSS.
   (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 AUDIOLOGIST
 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  MAY  BE  SUBJECT  TO
 DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   §  2.  Section  3221  of  the insurance law is amended by adding a new
 subsection (u) to read as follows:
   (U) (1) EVERY GROUP HEALTH INSURANCE  POLICY  THAT  PROVIDES  MEDICAL,
 MAJOR  MEDICAL,  OR SIMILAR COMPREHENSIVE TYPE COVERAGE ISSUED OR DELIV-
 ERED IN THIS STATE SHALL PROVIDE COVERAGE  FOR  HEARING  AIDS  PURCHASED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11534-01-1
 S. 8640                             2

 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 FOR AN INSURED PERSON WHO IS
 LESS  THAN EIGHTEEN YEARS OF AGE. COVERAGE MAY BE LIMITED TO ONE HEARING
 AID PER EACH HEARING-IMPAIRED EAR EVERY TWENTY-FOUR MONTHS UNLESS IT  IS
 DEMONSTRATED  THAT:  (I) THE INSURED CHILD'S HEARING HAS CHANGED SIGNIF-
 ICANTLY 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 AUDIOLOGIST
 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 MAY BE SUBJECT TO
 DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS) (1) EVERY CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMI-
 LAR  COMPREHENSIVE  TYPE COVERAGE ISSUED OR DELIVERED IN THIS STATE BY A
 HEALTH SERVICE CORPORATION OR HOSPITAL SERVICE CORPORATION SHALL PROVIDE
 COVERAGE FOR HEARING AIDS PURCHASED FROM HEARING AID  DISPENSERS  REGIS-
 TERED  UNDER  ARTICLE  THIRTY-SEVEN-A  OF  THE  GENERAL  BUSINESS LAW OR
 AUDIOLOGISTS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE EDUCA-
 TION LAW FOR AN INSURED PERSON WHO IS LESS THAN EIGHTEEN YEARS  OF  AGE.
 COVERAGE MAY BE LIMITED TO ONE HEARING AID PER EACH HEARING-IMPAIRED EAR
 EVERY TWENTY-FOUR MONTHS UNLESS 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  ADDI-
 TIONAL 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 AUDIOLOGIST
 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 MAY  BE  SUBJECT  TO
 DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   §  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.