Bill Text: NY A05035 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 21-5)

Status: (Introduced - Dead) 2022-05-25 - print number 5035b [A05035 Detail]

Download: New_York-2021-A05035-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5035--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        Introduced  by M. of A. SOLAGES, RA, SAYEGH, EPSTEIN, GRIFFIN, GONZALEZ-
          ROJAS, GOTTFRIED, MAMDANI, LAWLER, DeSTEFANO, DICKENS, STERN,  COLTON,
          THIELE,  SILLITTI,  HUNTER,  FORREST,  STECK,  AUBRY, JACOBSON, MEEKS,
          LAVINE,  McDONALD,  HEVESI,  McDONOUGH,  K. BROWN  --  read  once  and
          referred to the Committee on Insurance -- recommitted to the Committee
          on  Insurance  in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee

        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:

     1    Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
     2  amended by adding a new paragraph 37 to read as follows:
     3    (37)  (A)  As used in this paragraph, "hearing aid" shall mean a medi-
     4  cally-prescribed, non-disposable device that is of a design and  circui-
     5  try to optimize audition and listening skills in the environment common-
     6  ly experienced by children.
     7    (B) Every policy which provides hospital, medical or surgical coverage
     8  shall  provide coverage for hearing aids if such hearing aids are fitted
     9  and dispensed by  a  licensed  audiologist  certified  by  the  American
    10  Speech-Language-Hearing  Association,  following  medical clearance by a
    11  physician licensed to practice medicine, and an audiological  evaluation
    12  medically  appropriate  to  the  age  of  the  child, provided an entity
    13  subject to this paragraph may limit the benefit payable under this para-
    14  graph to four thousand dollars per hearing aid for each hearing-impaired
    15  ear every twenty-four months.
    16    (C) This  paragraph  does  not  prohibit  an  entity  subject  to  the
    17  provisions  of this paragraph from providing coverage that is greater or
    18  more favorable to an insured or enrolled individual.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02919-05-2

        A. 5035--B                          2

     1    § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
     2  subsection (u) to read as follows:
     3    (u)  (1)  As used in this subsection, "hearing aid" shall mean a medi-
     4  cally-prescribed, non-disposable device that is of a design and  circui-
     5  try to optimize audition and listening skills in the environment common-
     6  ly experienced by children.
     7    (2) Every policy which provides hospital, medical or surgical coverage
     8  shall  provide coverage for hearing aids if such hearing aids are fitted
     9  and dispensed by  a  licensed  audiologist  certified  by  the  American
    10  Speech-Language-Hearing  Association,  following  medical clearance by a
    11  physician licensed to practice medicine, and an audiological  evaluation
    12  medically  appropriate  to  the  age  of  the  child, provided an entity
    13  subject to this subsection may limit  the  benefit  payable  under  this
    14  subsection to four thousand dollars per hearing aid for each hearing-im-
    15  paired ear every twenty-four months.
    16    (3)  This  subsection  does  not  prohibit  an  entity  subject to the
    17  provisions of this subsection from providing coverage that is greater or
    18  more favorable to an insured or enrolled individual.
    19    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    20  subsection (tt) to read as follows:
    21    (tt)(1)  As  used in this subsection, "hearing aid" shall mean a medi-
    22  cally-prescribed, non-disposable device that is of a design and  circui-
    23  try to optimize audition and listening skills in the environment common-
    24  ly experienced by children.
    25    (2) Every policy which provides hospital, medical or surgical coverage
    26  shall  provide coverage for hearing aids if such hearing aids are fitted
    27  and dispensed by  a  licensed  audiologist  certified  by  the  American
    28  Speech-Language-Hearing  Association,  following  medical clearance by a
    29  physician licensed to practice medicine, and an audiological  evaluation
    30  medically  appropriate  to  the  age  of  the  child, provided an entity
    31  subject to this subsection may limit  the  benefit  payable  under  this
    32  subsection to four thousand dollars per hearing aid for each hearing-im-
    33  paired ear every twenty-four months.
    34    (3)  This  subsection  does  not  prohibit  an  entity  subject to the
    35  provisions of this subsection from providing coverage that is greater or
    36  more favorable to an insured or enrolled individual.
    37    § 4. This act shall take effect on the first of January next  succeed-
    38  ing  the date on which it shall have become a law and shall apply to all
    39  policies and contracts issued, renewed, modified, altered, or amended on
    40  or after such date.   Effective  immediately,  the  addition,  amendment
    41  and/or repeal of any rule or regulation necessary for the implementation
    42  of  this  act  on  its  effective  date  are  authorized  to be made and
    43  completed on or before such date.
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