NY State Senate Bill 2023-S1475

Senate Bill S1475

2023-2024 Legislative Session

Provides for mandatory coverage of hearing aids by insurers and other organizations for children

download bill text pdf

Current 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
Jan 03, 2024	referred to insurance
Jan 12, 2023	referred to insurance

co-Sponsors

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2023-S1475 (ACTIVE) - Details

See Assembly Version of this Bill:: A149
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8628
2019-2020: S5495, A2325
2021-2022: S533, A5035

2023-S1475 (ACTIVE) - Summary

Provides for coverage of hearing aids for child patients who are covered under a policy or contract of insurance if the hearing aids are fitted and dispensed by a licensed audiologist certified by the American Speech-Language-Hearing Association following medical clearance by a physician licensed to practice medicine and an audiological evaluation medically appropriate to the age of the child.

2023-S1475 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1475

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the insurance law, in relation to the mandatory coverage
of hearing aids by insurers and other organizations

 
PURPOSE:

To require all managed care organizations that provide hospital,
medical, or surgical benefits to individuals or groups under contracts
that are issued in this state to provide coverage for prescription hear-
ing aids for children.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends section 3216 of the insurance law.

Section 2. Amends section 3221 of the insurance law.

Section 3. Amends section 4303 of the insurance law.

Section 4. Sets the effective date.

 
JUSTIFICATION:

This legislation seeks to offer insurance coverage for hearing aids by
all insurers, work profit health plans, and managed care organizations
to provide funding for the purchase of prescription hearing aids and
hearing aid related services for all patients 18 years and younger.

A 2017 survey by the Hearing Health Foundation, a group that funds
research and advocates for treatments and cures for hearing loss, found
that 40 percent of respondents had no hearing aid coverage through
health insurance. Currently, 13 states, including Colorado,

Delaware, Georgia, Kentucky, Louisiana, Mine, Maryland, Massachusetts,
Minnesota, Missouri, New Jersey, New Mexico, North Carolina, Oklahoma,
Oregon, Tennessee, and Texas require that health benefit plans pay for
hearing aids for children.

Arkansas, Connecticut, Illinois, New Hampshire and Rhode Island also
require health plans to pay for hearing aids, regardless of age. 19
states in total mandate the coverage of hearing aids in some form.
Studies provided by the Center for Hearing and Communication show that
hearing loss occurs in 5 out of every 1,000 newborns. Children ages 18
and under are subject to the greatest physical growth of their whole
life. Constant growth through puberty can leave families with outstand-
ing balances from purchasing hearing aids when they suffer from hearing
loss. Not only can the potential outstanding balances affect the chil-
dren in our community, but also can affect their studies and future
success. The Center for Hearing and Communication has also shown that
mild hearing loss can cause a child to miss as much as 50% of classroom
discussion. It is imperative to ensure insurance coverage for our young-
est community.

Additionally, providing prescription hearing aids to children stands to
save the state money in the long run. According to the 2017 Annual
Report on the Children's Hearing Aid Program, published by the Utah
Department of Health: "The provision of hearing aids in eligible young
children reduces the need for long term services. Research has shown
that the earlier a child can be fit with appropriate amplification, the
greater the potential for typical speech and language development,
social skills, academic achievement, and future vocational skills. Early
amplification and appropriate Early Intervention services save signif-
icant costs associated with special education services and the potential
need for long term services, thereby reducing financial burden on the
public."

This legislation will not only have enormous cost savings for New York
State, but it will also ensure that families do not have to bear the
burden of costly prescription hearing aids for their children.

 
RACIAL JUSTICE IMPACT:

TBD.

 
GENDER JUSTICE IMPACT:

TBD.

 
LEGISLATIVE HISTORY:

2021/2022: S533B Referred to Insurance

2020: S5495 Referred to Insurance

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:i1
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to all policies
and contracts issued, renewed, modified, altered, or amended on or after
such date. Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such date.

2023-S1475 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1475
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced by Sens. PERSAUD, ADDABBO, COMRIE, GOUNARDES, HINCHEY, KENNE-
   DY,  MANNION, MYRIE, SALAZAR, SKOUFIS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to the mandatory coverage
   of hearing aids by insurers and other organizations

   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 39 to read as follows:
   (39) (A) AS USED IN THIS PARAGRAPH, "HEARING AID" SHALL MEAN  A  MEDI-
 CALLY-PRESCRIBED,  NON-DISPOSABLE DEVICE THAT IS OF A DESIGN AND CIRCUI-
 TRY TO OPTIMIZE AUDITION AND LISTENING SKILLS IN THE ENVIRONMENT COMMON-
 LY EXPERIENCED BY CHILDREN.
   (B) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
 SHALL PROVIDE COVERAGE FOR HEARING AIDS IF SUCH HEARING AIDS ARE  FITTED
 AND  DISPENSED  BY  A  LICENSED  AUDIOLOGIST  CERTIFIED  BY THE AMERICAN
 SPEECH-LANGUAGE-HEARING ASSOCIATION, FOLLOWING MEDICAL  CLEARANCE  BY  A
 PHYSICIAN  LICENSED TO PRACTICE MEDICINE, AND AN AUDIOLOGICAL EVALUATION
 MEDICALLY APPROPRIATE TO THE  AGE  OF  THE  CHILD,  PROVIDED  AN  ENTITY
 SUBJECT TO THIS PARAGRAPH MAY LIMIT THE BENEFIT PAYABLE UNDER THIS PARA-
 GRAPH TO FOUR THOUSAND DOLLARS PER HEARING AID FOR EACH HEARING-IMPAIRED
 EAR EVERY TWENTY-FOUR MONTHS.
   (C)  THIS  PARAGRAPH  DOES  NOT  PROHIBIT  AN  ENTITY  SUBJECT  TO THE
 PROVISIONS OF THIS PARAGRAPH FROM PROVIDING COVERAGE THAT IS GREATER  OR
 MORE FAVORABLE TO AN INSURED OR ENROLLED INDIVIDUAL.
   §  2.  Section  3221  of  the insurance law is amended by adding a new
 subsection (u) to read as follows:
   (U) (1) AS USED IN THIS SUBSECTION, "HEARING AID" SHALL MEAN  A  MEDI-
 CALLY-PRESCRIBED,  NON-DISPOSABLE DEVICE THAT IS OF A DESIGN AND CIRCUI-
 TRY TO OPTIMIZE AUDITION AND LISTENING SKILLS IN THE ENVIRONMENT COMMON-
 LY EXPERIENCED BY CHILDREN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01745-03-3

 S. 1475                             2
 
   (2) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
 SHALL PROVIDE COVERAGE FOR HEARING AIDS IF SUCH HEARING AIDS ARE  FITTED
 AND  DISPENSED  BY  A  LICENSED  AUDIOLOGIST  CERTIFIED  BY THE AMERICAN
 SPEECH-LANGUAGE-HEARING ASSOCIATION, FOLLOWING MEDICAL  CLEARANCE  BY  A
 PHYSICIAN  LICENSED TO PRACTICE MEDICINE, AND AN AUDIOLOGICAL EVALUATION
 MEDICALLY APPROPRIATE TO THE  AGE  OF  THE  CHILD,  PROVIDED  AN  ENTITY
 SUBJECT  TO  THIS  SUBSECTION  MAY  LIMIT THE BENEFIT PAYABLE UNDER THIS
 SUBSECTION TO FOUR THOUSAND DOLLARS PER HEARING AID FOR EACH HEARING-IM-
 PAIRED EAR EVERY TWENTY-FOUR MONTHS.
   (3) THIS SUBSECTION  DOES  NOT  PROHIBIT  AN  ENTITY  SUBJECT  TO  THE
 PROVISIONS OF THIS SUBSECTION FROM PROVIDING COVERAGE THAT IS GREATER OR
 MORE FAVORABLE TO AN INSURED OR ENROLLED INDIVIDUAL.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (uu) to read as follows:
   (UU)(1) AS USED IN THIS SUBSECTION, "HEARING AID" SHALL MEAN  A  MEDI-
 CALLY-PRESCRIBED,  NON-DISPOSABLE DEVICE THAT IS OF A DESIGN AND CIRCUI-
 TRY TO OPTIMIZE AUDITION AND LISTENING SKILLS IN THE ENVIRONMENT COMMON-
 LY EXPERIENCED BY CHILDREN.
   (2) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
 SHALL PROVIDE COVERAGE FOR HEARING AIDS IF SUCH HEARING AIDS ARE  FITTED
 AND  DISPENSED  BY  A  LICENSED  AUDIOLOGIST  CERTIFIED  BY THE AMERICAN
 SPEECH-LANGUAGE-HEARING ASSOCIATION, FOLLOWING MEDICAL  CLEARANCE  BY  A
 PHYSICIAN  LICENSED TO PRACTICE MEDICINE, AND AN AUDIOLOGICAL EVALUATION
 MEDICALLY APPROPRIATE TO THE  AGE  OF  THE  CHILD,  PROVIDED  AN  ENTITY
 SUBJECT  TO  THIS  SUBSECTION  MAY  LIMIT THE BENEFIT PAYABLE UNDER THIS
 SUBSECTION TO FOUR THOUSAND DOLLARS PER HEARING AID FOR EACH HEARING-IM-
 PAIRED EAR EVERY TWENTY-FOUR MONTHS.
   (3) THIS SUBSECTION  DOES  NOT  PROHIBIT  AN  ENTITY  SUBJECT  TO  THE
 PROVISIONS OF THIS SUBSECTION FROM PROVIDING COVERAGE THAT IS GREATER OR
 MORE FAVORABLE TO AN INSURED OR ENROLLED INDIVIDUAL.
   §  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 and contracts issued, renewed, modified, altered, or amended on
 or  after  such  date.    Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.

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