S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    535
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, FORREST -- Multi-Sponsored by -- M.
   of A. COOK -- read once and referred to the Committee on Insurance
 
 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:

   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 37 to read as follows:
   (37)  (A)  EVERY  HEALTH  INSURANCE POLICY ISSUED OR DELIVERED IN THIS
 STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM HEARING AID
 DISPENSERS REGISTERED UNDER ARTICLE THIRTY-SEVEN-A OF THE GENERAL  BUSI-
 NESS  LAW  OR AUDIOLOGISTS LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE
 OF THE EDUCATION LAW IN THE FOLLOWING MANNER:
   (I) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR  OLDER,  SUCH
 INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO THREE THOU-
 SAND DOLLARS EVERY FOUR YEARS FOR EXPENSES RELATED TO  THE  PURCHASE  OF
 EACH HEARING AID.
   (II) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
 INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO THREE THOU-
 SAND DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED  TO  THE  PURCHASE  OF
 EACH  HEARING AID.  WHEN IT IS DEMONSTRATED THAT (1) THE INSURED CHILD'S
 HEARING HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND  (2)  THE
 EXISTING  HEARING  AID  WILL NO LONGER CORRECT THE CHILD'S HEARING LOSS,
 SUCH INSURED PERSON SHALL BE ENTITLED TO  REIMBURSEMENT  FOR  ADDITIONAL
 HEARING AID EXPENSES.
   (B)(I) FOR THE PURPOSES OF THIS PARAGRAPH "HEARING AID" SHALL MEAN ANY
 WEARABLE  INSTRUMENT  OR  DEVICES  DESIGNED  FOR  HEARING AND ANY PARTS,
 ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
 RIES THERETO.  A REGISTERED HEARING AID DISPENSER OR  LICENSED  AUDIOLO-
 GIST  SHALL  DETERMINE  THE TYPE OF DEVICE NEEDED TO CORRECT THE HEARING
 LOSS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00891-01-3
              

 A. 535                              2
 
   (II) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL-
 ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
   (C)  COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT
 TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
 subsection (u) to read as follows:
   (U)  (1)  EVERY  GROUP  HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN
 THIS STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM  HEAR-
 ING AID DISPENSERS REGISTERED UNDER ARTICLE THIRTY-SEVEN-A OF THE GENER-
 AL  BUSINESS  LAW  OR  AUDIOLOGISTS  LICENSED  UNDER ARTICLE ONE HUNDRED
 FIFTY-NINE OF THE EDUCATION LAW IN THE FOLLOWING MANNER:
   (A) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR  OLDER,  SUCH
 INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO THREE THOU-
 SAND DOLLARS EVERY FOUR YEARS FOR EXPENSES RELATED TO  THE  PURCHASE  OF
 EACH HEARING AID.
   (B)  FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO  THREE  THOU-
 SAND  DOLLARS  EVERY  TWO  YEARS FOR EXPENSES RELATED TO THE PURCHASE OF
 EACH HEARING AID.  WHEN IT IS DEMONSTRATED THAT (I) THE INSURED  CHILD'S
 HEARING  HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND (II) THE
 EXISTING HEARING AID WILL NO LONGER CORRECT THE  CHILD'S  HEARING  LOSS,
 SUCH  INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT FOR ADDITIONAL
 HEARING AID EXPENSES.
   (2)(A) FOR THE PURPOSES OF THIS SUBSECTION, "HEARING AID"  SHALL  MEAN
 ANY  WEARABLE  INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND ANY PARTS,
 ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
 RIES THERETO.  A REGISTERED HEARING AID DISPENSER OR  LICENSED  AUDIOLO-
 GIST  SHALL  DETERMINE  THE TYPE OF DEVICE NEEDED TO CORRECT THE HEARING
 LOSS.
   (B) FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING,  RESHELL-
 ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
   (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
 TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (tt) to read as follows:
   (TT) (1) EVERY CONTRACT ISSUED OR DELIVERED IN THIS STATE BY A  HEALTH
 SERVICE CORPORATION OR HOSPITAL SERVICE CORPORATION SHALL PROVIDE COVER-
 AGE  FOR  HEARING  AIDS PURCHASED FROM HEARING AID DISPENSERS REGISTERED
 UNDER ARTICLE THIRTY-SEVEN-A OF THE GENERAL BUSINESS LAW OR AUDIOLOGISTS
 LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE  EDUCATION  LAW  IN
 THE FOLLOWING MANNER:
   (A)  FOR  AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH
 INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO  THREE  THOU-
 SAND  DOLLARS  EVERY  FOUR YEARS FOR EXPENSES RELATED TO THE PURCHASE OF
 EACH HEARING AID.
   (B) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE,  SUCH
 INSURED  PERSON  SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO THREE THOU-
 SAND DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED  TO  THE  PURCHASE  OF
 EACH  HEARING AID.  WHEN IT IS DEMONSTRATED THAT (I) THE INSURED CHILD'S
 HEARING HAS CHANGED SIGNIFICANTLY WITHIN A TWO YEAR PERIOD AND (II)  THE
 EXISTING  HEARING  AID  WILL NO LONGER CORRECT THE CHILD'S HEARING LOSS,
 SUCH INSURED PERSON SHALL BE ENTITLED TO  REIMBURSEMENT  FOR  ADDITIONAL
 HEARING AID EXPENSES.
   (2)(A)  FOR  THE PURPOSES OF THIS SUBSECTION, "HEARING AID" SHALL MEAN
 ANY WEARABLE INSTRUMENT OR DEVICES DESIGNED FOR HEARING AND  ANY  PARTS,
 ATTACHMENTS OR ACCESSORIES BUT EXCLUDING BATTERIES AND CORDS OR ACCESSO-
 A. 535                              3
 
 RIES  THERETO.   A REGISTERED HEARING AID DISPENSER OR LICENSED AUDIOLO-
 GIST SHALL DETERMINE THE TYPE OF DEVICE NEEDED TO  CORRECT  THE  HEARING
 LOSS.
   (B)  FOR THE PURPOSES OF THIS SECTION, SERVICES FOR RECASING, RESHELL-
 ING AND ACQUIRING NEW MOLDS SHALL BE INCLUDED AS PART OF THE POLICIES.
   (3) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
 TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   § 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 issued, modified or renewed on and after such date.