S T A T E O F N E W Y O R K
________________________________________________________________________
1475
2023-2024 Regular Sessions
I N S E N A T E
January 12, 2023
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Introduced by Sens. PERSAUD, ADDABBO, COMRIE, GOUNARDES, HINCHEY, KENNE-
DY, MANNION, MYRIE, SALAZAR, SKOUFIS -- read twice and ordered print-
ed, and when printed to be committed to the Committee 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 IN THE ENVIRONMENT COMMON-
LY EXPERIENCED BY CHILDREN.
(B) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
SHALL PROVIDE COVERAGE FOR HEARING AIDS IF SUCH 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 EVALUATION
MEDICALLY APPROPRIATE TO THE AGE OF THE CHILD, PROVIDED AN ENTITY
SUBJECT TO THIS PARAGRAPH MAY LIMIT THE BENEFIT PAYABLE UNDER THIS PARA-
GRAPH TO FOUR 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 INDIVIDUAL.
§ 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 SKILLS IN THE ENVIRONMENT COMMON-
LY EXPERIENCED BY CHILDREN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01745-03-3
S. 1475 2
(2) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
SHALL PROVIDE COVERAGE FOR HEARING AIDS IF SUCH 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 EVALUATION
MEDICALLY APPROPRIATE TO THE AGE OF THE CHILD, PROVIDED AN ENTITY
SUBJECT TO THIS SUBSECTION MAY LIMIT THE BENEFIT PAYABLE UNDER THIS
SUBSECTION TO FOUR THOUSAND DOLLARS PER HEARING AID FOR EACH HEARING-IM-
PAIRED 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 SKILLS IN THE ENVIRONMENT COMMON-
LY EXPERIENCED BY CHILDREN.
(2) EVERY POLICY WHICH PROVIDES HOSPITAL, MEDICAL OR SURGICAL COVERAGE
SHALL PROVIDE COVERAGE FOR HEARING AIDS IF SUCH 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 EVALUATION
MEDICALLY APPROPRIATE TO THE AGE OF THE CHILD, PROVIDED AN ENTITY
SUBJECT TO THIS SUBSECTION MAY LIMIT THE BENEFIT PAYABLE UNDER THIS
SUBSECTION TO FOUR THOUSAND DOLLARS PER HEARING AID FOR EACH HEARING-IM-
PAIRED 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.