S T A T E O F N E W Y O R K
________________________________________________________________________
3951
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
___________
Introduced by M. of A. MORELLE, MAGNARELLI, CLARK, ORTIZ, ENGLEBRIGHT,
JAFFEE -- Multi-Sponsored by -- M. of A. AUBRY, COLTON, GLICK, HEAST-
IE, KOLB, LENTOL, LIFTON, MARKEY, NOLAN, PAULIN, PERRY, WRIGHT -- 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. Paragraphs 27 and 28 of subsection (i) of section 3216 of
the insurance law, paragraph 27 as added by chapter 536 of the laws of
2010 and paragraph 28 as added by chapter 589 of the laws of 2011, are
renumbered paragraphs 32 and 33 and a new paragraph 34 is added to read
as follows:
(34) (A) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS
STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM NEW YORK
STATE 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:
(I) FOR AN INSURED PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND
DOLLARS EVERY THREE YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO
TWO HEARING AIDS.
(II) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND
DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO
TWO HEARING AIDS. 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.
LBD04731-02-5
A. 3951 2
(III) FOR THE PURPOSES OF THIS PARAGRAPH, THE INSURED PERSON SHALL BE
ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON HEARING AID
EXPENSES, BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO THE AMOUNT
PROVIDED IN CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH.
(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.
(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 (t) to read as follows:
(T) (1) EVERY GROUP HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN
THIS STATE SHALL PROVIDE COVERAGE FOR HEARING AIDS PURCHASED FROM NEW
YORK STATE HEARING AID DISPENSERS REGISTERED UNDER ARTICLE THIRTY-SEV-
EN-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 ONE THOUSAND
DOLLARS EVERY THREE YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO
TWO HEARING AIDS.
(B) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND
DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO
TWO HEARING AIDS. 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.
(C) FOR THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON SHALL BE
ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON HEARING AID
EXPENSES, BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO THE AMOUNT
PROVIDED IN SUBPARAGRAPH (A) OR (B) OF THIS PARAGRAPH.
(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.
(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 (pp) to read as follows:
(PP) (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 NEW YORK STATE HEARING AID DISPEN-
SERS 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 ONE THOUSAND
DOLLARS EVERY THREE YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO
TWO HEARING AIDS.
A. 3951 3
(B) FOR AN INSURED PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE, SUCH
INSURED PERSON SHALL BE ENTITLED TO REIMBURSEMENT OF UP TO ONE THOUSAND
DOLLARS EVERY TWO YEARS FOR EXPENSES RELATED TO THE PURCHASE OF UP TO
TWO HEARING AIDS. 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.
(C) FOR THE PURPOSES OF THIS SUBSECTION, THE INSURED PERSON SHALL BE
ENTITLED TO SPEND MORE THAN ONE THOUSAND DOLLARS ON HEARING AID
EXPENSES, BUT SHALL ONLY BE ALLOWED REIMBURSEMENT UP TO THE AMOUNT
PROVIDED IN SUBPARAGRAPH (A) OR (B) OF THIS PARAGRAPH.
(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.
(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 July 1, 2017 and shall apply to all
policies issued, modified or renewed on and after such date.