NY State Senate Bill 2023-S4929

Senate Bill S4929

2023-2024 Legislative Session

Requires insurance policies to provide coverage for medically necessary hearing aids purchased from hearing aid dispensers

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
Jan 03, 2024	referred to insurance
Feb 17, 2023	referred to insurance

2023-S4929 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8640

2023-S4929 (ACTIVE) - Summary

Requires insurance policies to provide coverage for medically necessary hearing aids purchased from hearing aid dispensers.

2023-S4929 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4929

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires all insurance policies to provide coverage for
medically necessary hearing aids for children less than 18 years of age.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subsection (i) of section 3216 of the
insurance law by adding a new paragraph 36. It requires every health
insurance policy that provides medical, major medical, or similar
comprehensive type coverage to provide coverage for medically necessary
hearing aids for children under the age of 18 years.

Section two of the bill amends section 3221 of the insurance law by
adding a new subsection (u). It requires every group health insurance
policy that provides medical, major medical, or similar comprehensive
type coverage to provide coverage for medically necessary hearing aids
for children under the age of 18 years.

Section three of the bill amends section 4303 of the insurance law by
adding a new subsection (uu). It requires every contract that provides
medical, major medical, or similar comprehensive type coverage to
provide coverage for medically necessary bearing aids for children under
the age of 18 years.

Section four of the bill relates to the effective date.

 
JUSTIFICATION:

Insurance coverage for hearing aids is often specifically excluded from
coverage. This results in the cost being prohibitive for many even
though hearing aids are an important option that can be used to assist
individuals with hearing loss. In children, hearing aids can assist with
the development of valuable language and literacy skills.  For children
and families who want to utilize hearing aids, they should be an afford-
able choice. Memo on original bill

 
LEGISLATIVE HISTORY:

S. 8640 of 201-22: New bill, Referred to Insurance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
on which it shall have become a law and shall apply ta all policies
issued, modified or renewed after such date.

2023-S4929 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4929
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 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 39 to read as follows:
   (39)  (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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06336-01-3

 S. 4929                             2
 
   (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
 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 (uu) to read as follows:
   (UU) (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.

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