Bill Text: NY A06247 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts "Isabella's law" to require all health insurance policies and medical assistance to provide insurance coverage for the cost of medically necessary hearing aids for children under the age of 16.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2019-03-04 - referred to insurance [A06247 Detail]

Download: New_York-2019-A06247-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6247
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Insurance
        AN ACT to amend the insurance law, the public health law and the  social
          services  law,  in  relation to requiring coverage for the purchase of
          medically necessary hearing aids for children under the age of sixteen
          years
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Isabella's law".
     3    § 2. Subsection (i) of section 3216 of the insurance law is amended by
     4  adding a new paragraph 35 to read as follows:
     5    (35) (A) (i) Every health insurance policy issued or delivered in this
     6  state shall  provide  coverage  for  medically  necessary  hearing  aids
     7  purchased  from a hearing aid dispenser registered under article thirty-
     8  seven-A of the general business law or  an  audiologist  licensed  under
     9  article  one  hundred  fifty-nine  of  the  education law for an insured
    10  person who is less than sixteen years of age, such insured person  shall
    11  be  entitled  to  reimbursement  of  up to one thousand dollars for each
    12  hearing aid every two years for expenses related to the purchase  of  up
    13  to  two  hearing  aids.    When  it is demonstrated that (1) the insured
    14  child's hearing has changed significantly within a two year  period  and
    15  (2)  the existing hearing aid will no longer correct the child's hearing
    16  loss, such insured person shall be entitled to reimbursement  for  addi-
    17  tional hearing aid expenses.
    18    (ii)  for  the purposes of this paragraph, the insured person shall be
    19  entitled to spend more than one thousand dollars on  each  hearing  aid,
    20  but  shall  only  be  allowed reimbursement up to the amount provided in
    21  clause (i) of this subparagraph.
    22    (B)(i) For the purposes of this paragraph "hearing aid" shall mean any
    23  wearable instrument or devices  designed  for  hearing  and  any  parts,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08200-01-9

        A. 6247                             2
     1  attachments or accessories but excluding batteries and cords or accesso-
     2  ries thereto.
     3    (ii) For the purposes of this section, services for recasing, reshell-
     4  ing and acquiring new molds shall be included as part of the policies.
     5    (C)  Coverage provided pursuant to this paragraph shall not be subject
     6  to deductibles, coinsurance or copayments.
     7    § 3. Section 3221 of the insurance law is  amended  by  adding  a  new
     8  subsection (t) to read as follows:
     9    (t) (1) (A) Every group health insurance policy issued or delivered in
    10  this  state  shall  provide  coverage  for hearing aids purchased from a
    11  hearing aid dispenser registered under  article  thirty-seven-A  of  the
    12  general  business  law  or  an  audiologist  licensed  under article one
    13  hundred fifty-nine of the education law for an  insured  person  who  is
    14  less than sixteen years of age, such insured person shall be entitled to
    15  reimbursement  of  up to one thousand dollars for each hearing aid every
    16  two years for expenses related to the purchase  of  up  to  two  hearing
    17  aids.   When it is demonstrated that (i) the insured child's hearing has
    18  changed significantly within a two year period  and  (ii)  the  existing
    19  hearing  aid  will  no  longer  correct  the  child's hearing loss, such
    20  insured person shall be entitled to reimbursement for additional hearing
    21  aid expenses.
    22    (B) For the purposes of this subsection, the insured person  shall  be
    23  entitled  to  spend  more than one thousand dollars on each hearing aid,
    24  but shall only be allowed reimbursement up to  the  amount  provided  in
    25  subparagraph (A) of this paragraph.
    26    (2)(A)  For  the purposes of this subsection, "hearing aid" shall mean
    27  any wearable instrument or devices designed for hearing and  any  parts,
    28  attachments or accessories but excluding batteries and cords or accesso-
    29  ries thereto.
    30    (B)  For the purposes of this section, services for recasing, reshell-
    31  ing and acquiring new molds shall be included as part of the policies.
    32    (3) Coverage provided pursuant to this subsection shall not be subject
    33  to deductibles, coinsurance or copayments.
    34    § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
    35  subsection (ss) to read as follows:
    36    (ss)  (1)  (A)  Every  contract issued or delivered in this state by a
    37  health service corporation or hospital service corporation shall provide
    38  coverage for hearing aids purchased from a hearing aid dispenser  regis-
    39  tered  under  article  thirty-seven-A  of the general business law or an
    40  audiologist licensed under article one hundred fifty-nine of the  educa-
    41  tion  law  for  an insured person who is less than sixteen years of age,
    42  such insured person shall be entitled to  reimbursement  of  up  to  one
    43  thousand  dollars  for  each  hearing  aid  every two years for expenses
    44  related to the purchase of up to two hearing aids.   When it  is  demon-
    45  strated  that  (i) the insured child's hearing has changed significantly
    46  within a two year period and (ii) the existing hearing aid will no long-
    47  er correct the child's hearing loss, such insured person shall be  enti-
    48  tled to reimbursement for additional hearing aid expenses.
    49    (B)  For  the purposes of this subsection, the insured person shall be
    50  entitled to spend more than one thousand dollars on  each  hearing  aid,
    51  but  shall  only  be  allowed reimbursement up to the amount provided in
    52  subparagraph (A) of this paragraph.
    53    (2)(A) For the purposes of this subsection, "hearing aid"  shall  mean
    54  any  wearable  instrument or devices designed for hearing and any parts,
    55  attachments or accessories but excluding batteries and cords or accesso-
    56  ries thereto.

        A. 6247                             3
     1    (B) For the purposes of this section, services for recasing,  reshell-
     2  ing and acquiring new molds shall be included as part of the policies.
     3    (3) Coverage provided pursuant to this subsection shall not be subject
     4  to deductibles, coinsurance or copayments.
     5    § 5. Subdivision 6 of section 2511 of the public health law is amended
     6  by adding a new paragraph (c-1) to read as follows:
     7    (c-1)  standards  requiring  coverage  for medically necessary hearing
     8  aids in accordance with subsection (t) of  section  three  thousand  two
     9  hundred twenty-one of the insurance law;
    10    §  6.  Subdivision  2  of  section 365-a of the social services law is
    11  amended by adding a new paragraph (ff) to read as follows:
    12    (ff) the purchase of medically necessary hearing aids from  a  hearing
    13  aid  dispenser  registered  under  article thirty-seven-A of the general
    14  business law or  an  audiologist  licensed  under  article  one  hundred
    15  fifty-nine  of  the education law for any child who is less than sixteen
    16  years of age. Such assistance shall be limited to one  thousand  dollars
    17  for each hearing aid every two years for up to two hearing aids.
    18    §  7.  This act shall take effect July 1, 2020 and sections two, three
    19  and four of this act shall apply to all  policies  issued,  modified  or
    20  renewed on and after such date.
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