S T A T E O F N E W Y O R K
________________________________________________________________________
8242--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 11, 2009
___________
Introduced by M. of A. KOON, BARRON, ZEBROWSKI, LUPARDO, CAHILL, TITUS,
MARKEY, JAFFEE, FIELDS, COLTON, GALEF, BOYLAND, COOK, DINOWITZ,
ESPAILLAT, GUNTHER -- Multi-Sponsored by -- M. of A. EDDINGTON, LANC-
MAN, MAISEL, O'DONNELL, PHEFFER, ROBINSON, STIRPE, SWEENEY, TOWNS,
WEISENBERG -- read once and referred to the Committee on Insurance --
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:
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 26 to read as follows:
(26) (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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02002-02-9
A. 8242--A 2
(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.
(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.
S 2. Section 3221 of the insurance law is amended by adding a new
subsection (r) to read as follows:
(R) (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.
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (ff) to read as follows:
(FF) (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
A. 8242--A 3
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.
S 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.