Bill Text: NY S02913 | 2009-2010 | General Assembly | Amended
Bill Title: Requires all health insurance policies to provide insurance coverage for the cost of hearing aids; provides that such coverage shall include coverage of at least $1,000 over a three year period; provides that children under the age of sixteen are allowed reimbursement for expenses related to the purchase of up to two hearing aids.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-16 - PRINT NUMBER 2913A [S02913 Detail]
Download: New_York-2009-S02913-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2913--A 2009-2010 Regular Sessions I N S E N A T E March 5, 2009 ___________ Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- recommitted to the Committee on Insurance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to providing coverage for hearing aids 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 27 to read as follows: 3 (27) (A) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS 4 STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM NEW YORK 5 STATE HEARING AID DISPENSERS REGISTERED UNDER ARTICLE THIRTY-SEVEN-A OF 6 THE GENERAL BUSINESS LAW OR AUDIOLOGISTS LICENSED UNDER ARTICLE ONE 7 HUNDRED FIFTY-NINE OF THE EDUCATION LAW IN THE FOLLOWING MANNER: 8 (I) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH 9 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND 10 DOLLARS EVERY THREE YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO 11 TWO HEARING AIDS. 12 (II) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH 13 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND 14 DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO 15 TWO HEARING AIDS. WHEN IT IS DEMONSTRATED THAT (1) THE INSURED CHILD'S 16 HEARING HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND (2) THE 17 EXISTING HEARING AID WILL NO LONGER CORRECT THE CHILD'S HEARING LOSS, 18 SUCH INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDITIONAL 19 HEARING AID EXPENSES. 20 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE INSURED PERSON SHALL BE 21 ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON HEARING AID EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01755-04-0 S. 2913--A 2 1 EXPENSES, BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO THE AMOUNT 2 PROVIDED IN CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH. 3 (B)(I) FOR THE PURPOSES OF THIS PARAGRAPH "HEARING AID" SHALL MEAN ANY 4 WEARABLE INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND ANY PARTS, 5 ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO- 6 RIES THERETO. 7 (II) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL- 8 ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES. 9 (C) COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT 10 TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS. 11 S 2. Section 3221 of the insurance law is amended by adding a new 12 subsection (s) to read as follows: 13 (S) (1) EVERY GROUP HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN 14 THIS STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM NEW 15 YORK STATE HEARING AID DISPENSERS REGISTERED UNDER ARTICLE THIRTY-SEV- 16 EN-A OF THE GENERAL BUSINESS LAW OR AUDIOLOGISTS LICENSED UNDER ARTICLE 17 ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW IN THE FOLLOWING MANNER: 18 (A) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH 19 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND 20 DOLLARS EVERY THREE YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO 21 TWO HEARING AIDS. 22 (B) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH 23 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND 24 DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO 25 TWO HEARING AIDS. WHEN IT IS DEMONSTRATED THAT (I) THE INSURED CHILD'S 26 HEARING HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND (II) THE 27 EXISTING HEARING AID WILL NO LONGER CORRECT THE CHILD'S HEARING LOSS, 28 SUCH INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDITIONAL 29 HEARING AID EXPENSES. 30 (C) FOR THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON SHALL BE 31 ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON HEARING AID 32 EXPENSES, BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO THE AMOUNT 33 PROVIDED IN SUBPARAGRAPH (A) OR (B) OF THIS PARAGRAPH. 34 (2)(A) FOR THE PURPOSES OF THIS SUBSECTION, "HEARING AID" SHALL MEAN 35 ANY WEARABLE INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND ANY PARTS, 36 ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO- 37 RIES THERETO. 38 (B) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL- 39 ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES. 40 (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT 41 TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS. 42 S 3. Section 4303 of the insurance law is amended by adding a new 43 subsection (gg) to read as follows: 44 (GG) (1) EVERY CONTRACT ISSUED OR DELIVERED IN THIS STATE BY A HEALTH 45 SERVICE CORPORATION OR HOSPITAL SERVICE CORPORATION SHALL PROVIDE COVER- 46 AGE FOR HEARING AIDS PURCHASED FROM NEW YORK STATE HEARING AID DISPEN- 47 SERS REGISTERED UNDER ARTICLE THIRTY-SEVEN-A OF THE GENERAL BUSINESS LAW 48 OR AUDIOLOGISTS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE 49 EDUCATION LAW IN THE FOLLOWING MANNER: 50 (A) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH 51 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND 52 DOLLARS EVERY THREE YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO 53 TWO HEARING AIDS. 54 (B) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH 55 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND 56 DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO S. 2913--A 3 1 TWO HEARING AIDS. WHEN IT IS DEMONSTRATED THAT (I) THE INSURED CHILD'S 2 HEARING HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND (II) THE 3 EXISTING HEARING AID WILL NO LONGER CORRECT THE CHILD'S HEARING LOSS, 4 SUCH INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDITIONAL 5 HEARING AID EXPENSES. 6 (C) FOR THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON SHALL BE 7 ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON HEARING AID 8 EXPENSES, BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO THE AMOUNT 9 PROVIDED IN SUBPARAGRAPH (A) OR (B) OF THIS PARAGRAPH. 10 (2)(A) FOR THE PURPOSES OF THIS SUBSECTION, "HEARING AID" SHALL MEAN 11 ANY WEARABLE INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND ANY PARTS, 12 ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO- 13 RIES THERETO. 14 (B) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL- 15 ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES. 16 (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT 17 TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS. 18 S 4. This act shall take effect July 1, 2012 and shall apply to all 19 policies issued, modified or renewed on and after such date.