Bill Text: NY A03023 | 2023-2024 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A03023 Detail]

Download: New_York-2023-A03023-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3023

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred 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:

     1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 39 to read as follows:
     3    (39) (A) Every health insurance policy that  provides  medical,  major
     4  medical,  or  similar comprehensive type coverage issued or delivered in
     5  this state shall provide coverage for medically necessary  hearing  aids
     6  purchased   from   hearing   aid  dispensers  registered  under  article
     7  thirty-seven-A of the general  business  law  or  audiologists  licensed
     8  under article one hundred fifty-nine of the education law for an insured
     9  person  who  is less than eighteen years of age. Coverage may be limited
    10  to one hearing aid  per  each  hearing-impaired  ear  every  twenty-four
    11  months  unless  it is demonstrated that: (i) the insured child's hearing
    12  has changed significantly within a two-year period; and (ii) the  exist-
    13  ing hearing aid will no longer correct the child's hearing loss.
    14    (B)(i)  For  the  purposes of this paragraph, "hearing aid" shall mean
    15  any wearable instrument or devices designed for hearing and  any  parts,
    16  attachments or accessories but excluding batteries and cords or accesso-
    17  ries thereto. A registered hearing aid dispenser or licensed audiologist
    18  shall determine the type of device needed to correct the hearing loss.
    19    (ii) For the purposes of this section, services for recasing, reshell-
    20  ing and acquiring new molds shall be included as part of the policies.
    21    (C)  Coverage  provided  pursuant  to this paragraph may be subject to
    22  deductibles, coinsurance, or copayments.
    23    § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
    24  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

        A. 3023                             2

     1    (u)  (1)  Every  group  health insurance policy that provides medical,
     2  major medical, or similar comprehensive type coverage issued  or  deliv-
     3  ered  in  this  state  shall provide coverage for hearing aids purchased
     4  from hearing aid dispensers registered under article  thirty-seven-A  of
     5  the  general  business  law  or  audiologists licensed under article one
     6  hundred fifty-nine of the education law for an  insured  person  who  is
     7  less  than eighteen years of age. Coverage may be limited to one hearing
     8  aid per each hearing-impaired ear every twenty-four months unless it  is
     9  demonstrated  that:  (i) the insured child's hearing has changed signif-
    10  icantly within a two-year period; and (ii) the existing hearing aid will
    11  no longer correct the child's hearing loss, such insured person shall be
    12  entitled to reimbursement for additional hearing aid expenses.
    13    (2)(A) For the purposes of this subsection, "hearing aid"  shall  mean
    14  any  wearable  instrument or devices designed for hearing and any parts,
    15  attachments or accessories but excluding batteries and cords or accesso-
    16  ries thereto. A registered hearing aid dispenser or licensed audiologist
    17  shall determine the type of device needed to correct the hearing loss.
    18    (B) For the purposes of this section, services for recasing,  reshell-
    19  ing and acquiring new molds shall be included as part of the policies.
    20    (3)  Coverage  provided  pursuant to this subsection may be subject to
    21  deductibles, coinsurance, or copayments.
    22    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    23  subsection (uu) to read as follows:
    24    (uu) (1) Every contract that provides medical, major medical, or simi-
    25  lar  comprehensive  type coverage issued or delivered in this state by a
    26  health service corporation or hospital service corporation shall provide
    27  coverage for hearing aids purchased from hearing aid  dispensers  regis-
    28  tered  under  article  thirty-seven-A  of  the  general  business law or
    29  audiologists licensed under article one hundred fifty-nine of the educa-
    30  tion law for an insured person who is less than eighteen years  of  age.
    31  Coverage may be limited to one hearing aid per each hearing-impaired ear
    32  every twenty-four months unless it is demonstrated that: (i) the insured
    33  child's  hearing has changed significantly within a two-year period; and
    34  (ii) the existing hearing aid will no longer correct the child's hearing
    35  loss, such insured person shall be entitled to reimbursement  for  addi-
    36  tional hearing aid expenses.
    37    (2)(A)  For  the purposes of this subsection, "hearing aid" shall mean
    38  any wearable instrument or devices designed for hearing and  any  parts,
    39  attachments or accessories but excluding batteries and cords or accesso-
    40  ries thereto. A registered hearing aid dispenser or licensed audiologist
    41  shall determine the type of device needed to correct the hearing loss.
    42    (B)  For the purposes of this section, services for recasing, reshell-
    43  ing and acquiring new molds shall be included as part of the policies.
    44    (3) Coverage provided pursuant to this subsection may  be  subject  to
    45  deductibles, coinsurance, or copayments.
    46    §  4. This act shall take effect on the first of January next succeed-
    47  ing the date on which it shall have become a law and shall apply to  all
    48  policies issued, modified or renewed on and after such date.
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