S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    142
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Insurance
 
 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:
 
   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) AS USED IN THIS PARAGRAPH, "HEARING AID" SHALL MEAN  A  MEDI-
 CALLY-PRESCRIBED,  NON-DISPOSABLE DEVICE THAT IS OF A DESIGN AND CIRCUI-
 TRY TO OPTIMIZE AUDITION AND LISTENING SKILLS.
   (B) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
 SHALL PROVIDE COVERAGE FOR HEARING AIDS FOR PATIENTS 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 EVALU-
 ATION, PROVIDED AN ENTITY SUBJECT TO THIS PARAGRAPH MAY LIMIT THE  BENE-
 FIT  PAYABLE  UNDER  THIS PARAGRAPH TO FIVE THOUSAND DOLLARS PER HEARING
 AID FOR EACH HEARING-IMPAIRED EAR EVERY TWENTY-FOUR MONTHS.
   (C) THIS  PARAGRAPH  DOES  NOT  PROHIBIT  AN  ENTITY  SUBJECT  TO  THE
 PROVISIONS  OF THIS PARAGRAPH FROM PROVIDING COVERAGE THAT IS GREATER OR
 MORE FAVORABLE TO AN INSURED OR ENROLLED.
   § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
 subsection (u) to read as follows:
   (U)  (1)  AS USED IN THIS SUBSECTION, "HEARING AID" SHALL MEAN A MEDI-
 CALLY-PRESCRIBED, NON-DISPOSABLE DEVICE THAT IS OF A DESIGN AND  CIRCUI-
 TRY TO OPTIMIZE AUDITION AND LISTENING.
   (2) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
 SHALL  PROVIDE  COVERAGE  FOR  HEARING AIDS FOR PATIENTS IF SUCH HEARING
 AIDS ARE FITTED AND DISPENSED BY A LICENSED AUDIOLOGIST CERTIFIED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02034-01-3
 A. 142                              2
 
 AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION, FOLLOWING  MEDICAL  CLEAR-
 ANCE  BY  A PHYSICIAN LICENSED TO PRACTICE MEDICINE, AND AN AUDIOLOGICAL
 EVALUATION, PROVIDED AN ENTITY SUBJECT TO THIS SUBSECTION MAY LIMIT  THE
 BENEFIT PAYABLE UNDER THIS SUBSECTION TO FIVE THOUSAND DOLLARS PER HEAR-
 ING AID FOR EACH HEARING-IMPAIRED EAR EVERY TWENTY-FOUR MONTHS.
   (3)  THIS  SUBSECTION  DOES  NOT  PROHIBIT  AN  ENTITY  SUBJECT TO THE
 PROVISIONS OF THIS SUBSECTION FROM PROVIDING COVERAGE THAT IS GREATER OR
 MORE FAVORABLE TO AN INSURED OR ENROLLED INDIVIDUAL.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (uu) to read as follows:
   (UU)(1)  AS  USED IN THIS SUBSECTION, "HEARING AID" SHALL MEAN A MEDI-
 CALLY-PRESCRIBED, NON-DISPOSABLE DEVICE THAT IS OF A DESIGN AND  CIRCUI-
 TRY TO OPTIMIZE AUDITION AND LISTENING.
   (2) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
 SHALL  PROVIDE  COVERAGE  FOR  HEARING AIDS FOR PATIENTS IF SUCH HEARING
 AIDS ARE FITTED AND DISPENSED BY A LICENSED AUDIOLOGIST CERTIFIED BY THE
 AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION, FOLLOWING  MEDICAL  CLEAR-
 ANCE  BY  A PHYSICIAN LICENSED TO PRACTICE MEDICINE, AND AN AUDIOLOGICAL
 EVALUATION, PROVIDED AN ENTITY SUBJECT TO THIS SUBSECTION MAY LIMIT  THE
 BENEFIT PAYABLE UNDER THIS SUBSECTION TO FIVE THOUSAND DOLLARS PER HEAR-
 ING AID FOR EACH HEARING-IMPAIRED EAR EVERY TWENTY-FOUR MONTHS.
   (3)  THIS  SUBSECTION  DOES  NOT  PROHIBIT  AN  ENTITY  SUBJECT TO THE
 PROVISIONS OF THIS SUBSECTION FROM PROVIDING COVERAGE THAT IS GREATER OR
 MORE FAVORABLE TO AN INSURED OR ENROLLED INDIVIDUAL.
   § 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 and contracts issued, renewed, modified, altered, or amended on
 or after such date.   Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.