S03379 Summary:

BILL NOS03379A
 
SAME ASNo same as
 
SPONSORMCDONALD
 
COSPNSRLANZA
 
MLTSPNSR
 
Add SS3216, 3221 & 4303, Ins L; amd S2511, Pub Health L; amd S365-a, Soc Serv L
 
Enacts "Isabella's law" to require all health insurance policies and medical assistance to provide insurance coverage for the cost of medically necessary hearing aids for children under the age of 16.
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S03379 Actions:

BILL NOS03379A
 
02/17/2011REFERRED TO INSURANCE
01/04/2012REFERRED TO INSURANCE
03/30/2012AMEND AND RECOMMIT TO INSURANCE
03/30/2012PRINT NUMBER 3379A
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S03379 Floor Votes:

There are no votes for this bill in this legislative session.
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S03379 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3379--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    February 17, 2011
                                       ___________
 
        Introduced  by  Sens. McDONALD, LANZA -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Insurance  --
          recommitted  to  the  Committee on Insurance in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 

        AN  ACT to amend the insurance law, the public health law and the social
          services law, in relation to requiring coverage for  the  purchase  of
          medically necessary hearing aids for children under the age of sixteen
          years
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Isabella's law".
     3    § 2. Subsection (i) of section 3216 of the insurance law is amended by
     4  adding a new paragraph 29 to read as follows:
     5    (29) (A) (i) Every health insurance policy issued or delivered in this
     6  state  shall  provide  coverage  for  medically  necessary  hearing aids
     7  purchased from a hearing aid dispenser registered under article  thirty-

     8  seven-A  of  the  general  business law or an audiologist licensed under
     9  article one hundred fifty-nine of  the  education  law  for  an  insured
    10  person  who is less than sixteen years of age, such insured person shall
    11  be entitled to reimbursement of up to  one  thousand  dollars  for  each
    12  hearing  aid  every two years for expenses related to the purchase of up
    13  to two hearing aids.   When it is  demonstrated  that  (1)  the  insured
    14  child's  hearing  has changed significantly within a two year period and
    15  (2) the existing hearing aid will no longer correct the child's  hearing
    16  loss,  such  insured person shall be entitled to reimbursement for addi-
    17  tional hearing aid expenses.

    18    (ii) for the purposes of this paragraph, the insured person  shall  be
    19  entitled  to  spend  more than one thousand dollars on each hearing aid,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06999-04-2

        S. 3379--A                          2
 
     1  but shall only be allowed reimbursement up to  the  amount  provided  in
     2  clause (i) of this subparagraph.
     3    (B)(i) For the purposes of this paragraph "hearing aid" shall mean any
     4  wearable  instrument  or  devices  designed  for  hearing and any parts,
     5  attachments or accessories but excluding batteries and cords or accesso-
     6  ries thereto.

     7    (ii) For the purposes of this section, services for recasing, reshell-
     8  ing and acquiring new molds shall be included as part of the policies.
     9    (C) Coverage provided pursuant to this paragraph shall not be  subject
    10  to deductibles, coinsurance or copayments.
    11    §  3.  Section  3221  of  the insurance law is amended by adding a new
    12  subsection (s) to read as follows:
    13    (s) (1) (A) Every group health insurance policy issued or delivered in
    14  this state shall provide coverage for  hearing  aids  purchased  from  a
    15  hearing  aid  dispenser  registered  under article thirty-seven-A of the
    16  general business law  or  an  audiologist  licensed  under  article  one
    17  hundred  fifty-nine  of  the  education law for an insured person who is

    18  less than sixteen years of age, such insured person shall be entitled to
    19  reimbursement of up to one thousand dollars for each hearing  aid  every
    20  two  years  for  expenses  related  to the purchase of up to two hearing
    21  aids.  When it is demonstrated that (i) the insured child's hearing  has
    22  changed  significantly  within  a  two year period and (ii) the existing
    23  hearing aid will no  longer  correct  the  child's  hearing  loss,  such
    24  insured person shall be entitled to reimbursement for additional hearing
    25  aid expenses.
    26    (B)  For  the purposes of this subsection, the insured person shall be
    27  entitled to spend more than one thousand dollars on  each  hearing  aid,
    28  but  shall  only  be  allowed reimbursement up to the amount provided in

    29  subparagraph (A) of this paragraph.
    30    (2)(A) For the purposes of this subsection, "hearing aid"  shall  mean
    31  any  wearable  instrument or devices designed for hearing and any parts,
    32  attachments or accessories but excluding batteries and cords or accesso-
    33  ries thereto.
    34    (B) For the purposes of this section, services for recasing,  reshell-
    35  ing and acquiring new molds shall be included as part of the policies.
    36    (3) Coverage provided pursuant to this subsection shall not be subject
    37  to deductibles, coinsurance or copayments.
    38    §  4.  Section  4303  of  the insurance law is amended by adding a new
    39  subsection (ii) to read as follows:
    40    (ii) (1) (A) Every contract issued or delivered in  this  state  by  a

    41  health service corporation or hospital service corporation shall provide
    42  coverage  for hearing aids purchased from a hearing aid dispenser regis-
    43  tered under article thirty-seven-A of the general  business  law  or  an
    44  audiologist  licensed under article one hundred fifty-nine of the educa-
    45  tion law for an insured person who is less than sixteen  years  of  age,
    46  such  insured  person  shall  be  entitled to reimbursement of up to one
    47  thousand dollars for each hearing  aid  every  two  years  for  expenses
    48  related  to  the  purchase of up to two hearing aids.  When it is demon-
    49  strated that (i) the insured child's hearing has  changed  significantly
    50  within a two year period and (ii) the existing hearing aid will no long-

    51  er  correct the child's hearing loss, such insured person shall be enti-
    52  tled to reimbursement for additional hearing aid expenses.
    53    (B) For the purposes of this subsection, the insured person  shall  be
    54  entitled  to  spend  more than one thousand dollars on each hearing aid,
    55  but shall only be allowed reimbursement up to  the  amount  provided  in
    56  subparagraph (A) of this paragraph.

        S. 3379--A                          3
 
     1    (2)(A)  For  the purposes of this subsection, "hearing aid" shall mean
     2  any wearable instrument or devices designed for hearing and  any  parts,
     3  attachments or accessories but excluding batteries and cords or accesso-
     4  ries thereto.

     5    (B)  For the purposes of this section, services for recasing, reshell-
     6  ing and acquiring new molds shall be included as part of the policies.
     7    (3) Coverage provided pursuant to this subsection shall not be subject
     8  to deductibles, coinsurance or copayments.
     9    § 5. Subdivision 6 of section 2511 of the public health law is amended
    10  by adding a new paragraph (c-1) to read as follows:
    11    (c-1) standards requiring coverage  for  medically  necessary  hearing
    12  aids  in  accordance  with  subsection (s) of section three thousand two
    13  hundred twenty-one of the insurance law;
    14    § 6. Subdivision 2 of section 365-a of  the  social  services  law  is
    15  amended by adding a new paragraph (w) to read as follows:
    16    (w)  the  purchase  of medically necessary hearing aids from a hearing

    17  aid dispenser registered under article  thirty-seven-A  of  the  general
    18  business  law  or  an  audiologist  licensed  under  article one hundred
    19  fifty-nine of the education law for any child who is less  than  sixteen
    20  years  of  age. Such assistance shall be limited to one thousand dollars
    21  for each hearing aid every two years for up to two hearing aids.
    22    § 7. This act shall take effect July 1, 2014 and sections  two,  three
    23  and  four  of  this  act shall apply to all policies issued, modified or
    24  renewed on and after such date.
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