Florida 2022 2022 Regular Session

Florida House Bill H0079 Analysis / Analysis

Filed 02/16/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0079a.FFS 
DATE: 2/16/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 79    Insurance Coverage for Hearing Aids for Children 
SPONSOR(S): Brannan and others 
TIED BILLS:    IDEN./SIM. BILLS:   
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Finance & Facilities Subcommittee 	18 Y, 0 N Poche Lloyd 
2) Appropriations Committee    
3) Health & Human Services Committee   
SUMMARY ANALYSIS 
 
Approximately 30 million people in the U.S. aged 12 years or older has hearing loss in both ears, based on 
standard hearing examination.  Hearing loss is also one of the most common birth defects in the U.S. – two or 
three out of every 1,000 children are born with a detectable level of hearing loss in one or both ears.  
 
Many people who are deaf or hard-of-hearing have some hearing. In some instances, a hearing aid may help a 
child with hearing loss maximize their residual hearing.  Hearing aids make sounds louder and can be worn by 
people of any age, including infants. Babies with hearing loss may understand sounds better using hearing 
aids. There are many styles of hearing aids that can help many types of hearing loss. A young child is usually 
fitted with behind-the-ear style hearing aids because they are better suited to growing ears. 
 
HB 79 requires individual health insurers and health maintenance organizations (HMOs) to provide hearing aid 
coverage for a covered child from birth through age 18 who has been diagnosed with hearing loss by a 
licensed physician or a licensed audiologist. The bill requires a minimum coverage limit of $3,500 per ear  
within a 24-month period. The insured or subscriber remains responsible for the cost of hearing aids and 
related services that exceed the coverage limit provided for in the policy or contract.  
 
If, however, a child experiences a significant and unexpected change in his or her hearing or experiences a 
medical condition requiring an unexpected change in the hearing aid before the existing 24-month period 
expires, and alterations to the existing hearing aid do not, or cannot, meet the needs of the child, the bill 
requires that a new 24-month period must begin with full benefits and coverage. 
 
The bill may have a significant, indeterminate fiscal impact on state and local governments. 
 
The bill provides an effective date of January 1, 2023, and applies to policies or contracts that are issued or 
renewed on or after that date.   STORAGE NAME: h0079a.FFS 	PAGE: 2 
DATE: 2/16/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
 
Background 
 
Approximately 30 million people in the U.S. aged 12 years or older has hearing loss in both ears, based 
on standard hearing examination.
1
 Hearing loss is also one of the most common birth defects
2
 in the 
U.S. – two or three out of every 1,000 children are born with a detectable level of hearing loss in one or 
both ears.
3
 
 
Many people who are deaf or hard-of-hearing have some hearing. In some instances, a hearing  
aid may help a child with hearing loss maximize their residual hearing.
4
 Hearing aids make sounds 
louder and can be worn by people of any age, including infants. Babies with hearing loss may 
understand sounds better using hearing aids. There are many styles of hearing aids that can help many 
types of hearing loss. A young child is usually fitted with behind-the-ear style hearing aids because they 
are better suited to growing ears.
5
 
 
Hearing loss may be in one ear (unilateral loss) or in both ears (bilateral loss). The degree of  
hearing loss can range from mild to profound:
6
 
 Mild Hearing Loss (26-40 decibels): may hear some speech sounds, but soft sounds are hard  
to hear. 
 Moderate Hearing Loss (41-70 decibels): may hear almost no speech when another person is  
talking at a normal level. 
 Severe Hearing Loss (71-90 decibels): will hear no speech when a person is talking at a  
normal level and only hear some loud sounds. 
 Profound Hearing Loss (91 decibels or more): will not hear any speech and will hear only  
very loud sounds.
7
 
  
Hearing loss can affect a child’s ability to develop communication, language, and social skills.  
Recent research shows that early detection of hearing loss can help infants and children with learning 
and reaching developmental milestones. In the U.S., researchers have reported children have more 
favorable language outcomes, such as greater vocabulary and reading abilities, when hearing loss is 
identified sooner and the child receives hearing aids and interventions at an earlier age.
8
 A second 
study similarly found children who received hearing aids and cochlear implants earlier had better 
language outcomes, comparing language skills with the provision of a hearing aid at three months 
compared to 24 months:
9
 
  
                                                
1
 National Institutes for Health, National Institute on Deafness and Other Communication Disorders, Quick Statistics About Hearing, 
available at https://www.nidcd.nih.gov/health/statistics/quick-statistics-hearing.  
2
 Florida Newborn Screening, Early Hearing and Intervention Program, available at 
https://floridanewbornscreening.com/hearing/early-hearing-and-intervention-programs/.  
3
 Id. 
4
 Centers for Disease Control and Prevention, National Center on Birth Defects and Developmental Disorders (June 8, 2020), available 
at https://www.cdc.gov/ncbddd/hearingloss/treatment.html. The amount of hearing a deaf or hard-of-hearing person has is referred to 
as “residual hearing.” 
5
 Id. A plastic ear mold is connected to a behind-the-ear hearing aid and is fitted for the child’s ear. It directs sound from the hearing aid 
into the ear canal. Each individual’s ear is shaped differently, and a child’s ear will change as he or she grows. An audiologist uses a 
soft material to make a copy of the child’s outer ear canal. This is used to make an ear mold that will fit the child. As the child grows, 
new ear molds can be made and attached to the same hearing aid. 
6
 Florida Department of Health and Children’s Medical Services, A Florida Parent’s Guide to Hearing (Apr. 2020 Edition), 
available at http://floridanewbornscreening.com/wp-content/uploads/Hearing-Guide-English-FINAL-1.pdf.  
7
 Centers for Disease Control and Prevention, National Center on Birth Defects and Developmental Disorders  
(June 8, 2020), available at https://www.cdc.gov/ncbddd/hearingloss/types.html.  
8
 Christine Yoshinaga-Itano, Ph.D., et al, Early Hearing Detection and Vocabulary of Children with Hearing Loss, Pediatrics, (Aug. 
2017, Vol. 140, No. 2), available at https://pediatrics.aappublications.org/content/140/2/e20162964.  
9
 Teresa Y.C. Ching, Ph.D., Age at Intervention for Permanent Hearing Loss and 5-Year Language Outcomes, Pediatrics,  
(Sept. 2017, Vol. 140, Issue 3), available at https://pediatrics.aappublications.org/content/140/3/e20164274.   STORAGE NAME: h0079a.FFS 	PAGE: 3 
DATE: 2/16/2022 
  
The younger the child received intervention, the better the language  
outcome. In addition, more substantial benefits of earlier access to useful  
HAs (hearing aids) and CI (cochlear implants) were obtained by those  
with worse hearing. Earlier intervening, rather than access to UNHS  
(universal newborn hearing screening), improved outcomes.
10
 
 
Florida Newborn Hearing Screening Program 
 
Florida has a universal newborn hearing-screening program
11
 requiring all Florida-licensed  
facilities that provide maternity and newborn care to screen, or refer for screening, all newborns  
prior to discharge for hearing loss, unless a parent objects to the screening.
12
 All test results,  
including recommendations for any referrals or follow-up evaluations by a licensed audiologist,  
a physician licensed under chapters 458 or 459, F.S., or other newborn hearing screening providers in  
the hospital facility, must be placed in the newborn’s medical records within 24 hours after the  
completion of the screening procedure.
13
  
 
For babies born in a facility other than a hospital, the parents are to be instructed on the importance of 
having a screening conducted, information must be provided, and assistance must be given to make an 
appointment within three months.
14
 The initial newborn screening and any necessary follow-up and 
evaluation are covered benefits reimbursable by Medicaid, health insurers, and health maintenance 
organizations, with some limited exceptions.
15
 For those newborns and children found to have a 
permanent hearing loss, the law also provides for referral to the state’s Part C program of the federal 
Individuals with Disabilities Education Act
16
 and Children’s Medical Services’ Early Intervention 
Program, Early Steps.
17
 
 
Hearing Aid Coverage in Public Insurance Programs 
  
Medicaid 
 
Florida Medicaid provides hearing services for eligible recipients under the age of 21, if such  
services are medically necessary to correct or ameliorate a defect, a condition, or a physical or  
mental illness. This coverage includes diagnostic services, treatment, equipment, supplies, and  
other measures described in 42 U.S.C. 1396d(a).
18
 Medicaid recipients under the age of 21 have  
coverage for the following hearing related services: 
 Recipients who have documented, profound, severe hearing loss in one or both ears have  
coverage for: 
o An implanted device for recipients age five years and older; or 
o A non-implanted (softband) device for recipients under age five. 
 Cochlear implants for recipients age 12 months and older who have documented, profound to  
severe, bilateral sensorineural hearing loss. 
 For recipients who have moderate hearing loss or greater, the coverage is: 
o One new, complete, (not refurbished) hearing aid device per ear, every three years, per  
recipient; 
o Up to three pairs of ear molds per year, per recipient; and 
o One fitting and dispensing service per ear, every three years, per recipient. 
                                                
10
 Id. 
11
 Florida’s Early Hearing Detection and Intervention Program (EHDI) is Florida’s newborn hearing-screening program, 
available at https://floridanewbornscreening.com/hearing/early-hearing-and-intervention-programs/.  
12
 S. 383.145, F.S. 
13
 S. 383.145(3)(e), F.S. 
14
 S. 383.145(3)(i), F.S. 
15
 S. 383.145(3)(j), F.S. 
16
 Pub. L. No. 108-446. The Part C program provides benefits and services for infants and toddlers from birth to age 36 months. 
Children’s Medical Services, within the Department of Health, administers Florida’s Part C program, which is  
known as Early Steps. 
17
 The Early Steps program services children with disabilities, developmental delays, or children with a physical or mental  
condition known to create a risk of a developmental delay, http://www.cmskids.com/families/early_steps/early_steps.html.  
18
 Rule 54G-4.110, F.A.C. (2021). The hearing services coverage policy from the Agency for Health Care  
Administration, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06744.   STORAGE NAME: h0079a.FFS 	PAGE: 4 
DATE: 2/16/2022 
  
 
A recipient under the age of 12 months may receive up to two newborn screenings. A second  
screening may be conducted only if the recipient did not pass the test in one or both ears. An eligible 
recipient may receive one hearing assessment every three years for the purposes of determining 
hearing aid candidacy and the most appropriate hearing aid.
19
 Medicaid also covers repairs and 
replacement of both Medicaid and non-Medicaid provided hearing aids, up to two hearing aid repairs 
every 366 days, after the one-year warranty period has expired.
20
 
 
State Children’s Health Insurance Program
21
 
 
The Children’s Health Insurance Program (CHIP) was enacted as part of the Balanced Budget  
Act of 1997, and it created Title XXI of the federal Social Security Act as a joint state-federal  
funding partnership to provide health insurance to children in low to moderate income households.
22
 
The Florida Healthy Kids Corporation
23
 is one component of Florida’s Title XXI program, known as 
Florida KidCare, and is the only program component utilizing a non-Medicaid benefit package.
24
 The 
other program components, Medicaid for children, Medikids, and Children’s Medical Services Network, 
follow the Medicaid benefit package.
25
 
 
In order for health benefits coverage to qualify for premium assistance payments, KidCare  
enrollees must receive hearing screenings as a covered, preventative health service.
26
 
Additionally, s. 409.815(2)(h), F.S., provides the benefits for durable medical equipment include  
within covered services equipment and devices that are medically indicated to assist in the  
treatment of a medical condition, and specifically prescribed as medically necessary. Hearing  
aids are covered only when medically indicated to assist in the treatment of a medical condition.  
There are no out of pocket costs for the well-child hearing screening for subsidized Title XXI  
eligible children.
27
 
 
Hearing Aid Coverage in the Private Health Insurance Market 
 
The Office of Insurance Regulation (OIR) is responsible for the regulation of all activities of  
insurers and other risk-bearing entities that do business in Florida.
28
 Florida law does not require  
health insurance policies or health maintenance organizations contracts to provide coverage for  
hearing aids. According to the OIR, some of the plans offered by UnitedHealthcare (All Savers,  
Neighborhood Health, etc.) cover hearing aids if recommended by a physician, and bone anchored 
hearing aids are covered with some restrictions. Molina and Health First cover implant type hearing 
aids, if medically necessary.
29
 
 
Currently, 24 states appear to mandate health benefit plans to provide coverage for hearing aids  
for children.
30
 Coverage requirements range from authorizing coverage of a hearing aid every  
24 months to every five years. Many states include caps on the amount the insurer must pay.  
These caps range from $1,000 to $4,000.
31
 
 
                                                
19
 Agency for Health Care Administration, Hearing Services Coverage Policy (June 2016), available at 
http://ahca.myflorida.com/medicaid/review/specific_policy.shtml.  
20
 Id. 
21
 42 U.S.C. s. 1397aa-1397mm. 
22
 Pub. L. No. 105-33, 111 Stat. 251 (1997). 
23
 Ss. 624.91-624.915, F.S. 
24
 Ss. 409.810-409.821, F.S. 
25
 S. 409.815(2)(a), F.S., and s. 391.0315, F.S. 
26
 S. 409.815(2)(a), F.S. 
27
 Florida Healthy Kids Corporation, Medical Benefits, available at https://www.healthykids.org/benefits/medical/.  
28
 The Office of Insurance Regulation (OIR) is under the Financial Services Commission, which is composed of the  
Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture, which serves as the  
agency head of the commission. Section 20.121(3), F.S. 
29
 Office of Insurance Regulation correspondence (Dec. 8, 2020). 
30
 Information from the American Speech-Language-Hearing Association, available at 
https://www.asha.org/advocacy/state/issues/ha_reimbursement/.  
31
 Id.  STORAGE NAME: h0079a.FFS 	PAGE: 5 
DATE: 2/16/2022 
  
State Mandated Health Insurance Coverage 
 
Prior to 2012, the OIR identified 18 state mandated benefits.
32
 Subsequently, Florida has not  
enacted any mandated benefits. Examples of benefits mandated under Florida law include: 
 Treatment for temporomandibular joint disorders; 
 Coverage for bone marrow transplants; 
 Coverage for certain cancer drugs; 
 Diabetes treatment services; 
 Osteoporosis; 
 Certain coverage for newborn children; 
 Child health supervision services; and 
 Treatment of cleft lip and cleft palate in children.
33
 
 
Section 624.215, F.S., requires every person or organization seeking consideration of a legislative 
proposal, which would mandate a health coverage or the offering of a health coverage by an insurer, to 
submit to the Agency for Health Care Administration and the legislative committees having jurisdiction, 
a report that assesses the social and financial impacts of the proposed coverage. Proponents 
submitted a report to Senate Banking and Insurance Committee staff in 2021 indicating there are less 
than 7,200 children under the age of 18 in Florida who are deaf.
34
 Hearing aids and the services 
necessary to prescribe, evaluate, fit, and manage children with hearing loss generally cost an average 
of $3,500 per ear depending on the technology and enhancements selected by the audiologist based 
on the individual needs of the child.
35
  
 
Advocates of the bill note that untreated hearing loss may lead to tremendous expense for the  
taxpayer, as described below: 
 Untreated pediatric hearing loss costs $420,000 in special education costs per child and $1 
million dollars over the lifetime of the individual; 
 Longitudinal, peer-reviewed studies have shown that healthcare costs are significantly higher  
for individuals with untreated versus treated hearing loss; 
 Increased costs are not confined to the medical bills in the studies. Medical providers must  
absorb (and pass on via increased overall costs) costs incurred from longer visit times due to  
communication difficulties, increased risk of malpractice lawsuits from communication  
difficulties, and necessary accommodations like interpreter services; 
 Communication difficulties in deaf and hard of hearing patients, which would be mitigated  
by appropriate access to sound, result in more physician visits and overuse of emergency  
rooms and urgent care centers; and 
 Patients with untreated hearing loss are more likely to be misdiagnosed when visiting  
providers for unrelated health issues and are more difficult to treat due to communication  
difficulties.
36
 
Patient Protection and Affordable Care Act 
 
The Patient Protection and Affordable Care Act (PPACA)
37
 does not require health insurance  
policies to cover hearing aids for adults or for children. Under the PPACA, individuals and small  
businesses can obtain health insurance coverage on or off the federal marketplace exchanges.
38
 
                                                
32
 Centers for Medicare & Medicaid Services, Florida – State Required Benefits, available at 
https://downloads.cms.gov/cciio/State%20Required%20Benefits_FL.pdf.  
33
 Id. 
34
 Florida Coalition for Spoken Language Options, 2021 Florida Legislature, SB 1268 Mandate Report. 
35
 Id. 
36
 Id. 
37
 The Patient Protection and Affordable Care Act (PPACA) (Pub. Law No. 111-148) was enacted on March 23. 2010. On  
March 30, 2010, PPACA was amended by Pub. Law No. 111-152, the Health Care and Education Reconciliation Act of  
2010. The two laws are collectively referred to as the ‘‘Patient Protection and Affordable Care Act’’ or ‘‘PPACA.’’ 
38
 Exchanges are entities established under PPACA through which qualified individuals and qualified employers can  
purchase health insurance coverage in qualified health plans (QHPs). Many individuals who enroll in QHPs through  
individual market exchanges are eligible to receive a premium tax credit (PTC) to reduce their costs for health insurance 
premiums and to receive reductions in required cost-sharing payments to reduce out-of-pocket expenses for health care  
services. 42 U.S.C. s. 18031.  STORAGE NAME: h0079a.FFS 	PAGE: 6 
DATE: 2/16/2022 
  
All non-grandfathered health plans
39
 must offer qualified health plans meeting certain federal  
mandates, including the provisions of the following 10 essential health benefits (EHB): 
 Ambulatory services (outpatient care); 
 Emergency services; 
 Hospitalization (inpatient care); 
 Maternity and newborn care; 
 Mental health and substance abuse disorder services; 
 Prescription drugs; 
 Rehabilitative services and rehabilitative services and devices; 
 Laboratory services; 
 Preventive care and chronic disease management; and 
 Pediatric services, including oral and vision care.
40
 
 
States may modify the EHB offered in their states by mandating additional coverage. However,  
states must defray the associated costs such benefits imposed on qualified health plans coverage,  
and those costs should not be included in the percentage of premium attributable to the coverage  
of EHB for calculating the premium tax credit for eligible enrollees
41
 on the exchange.
42
 The  
State of Florida may be required to defray the costs of any additional benefits beyond the  
required EHB put in place after 2011.
43
 
  
For plan years beginning on or after January 1, 2020, each state must identify and report to the  
federal Department of Health and Human Services (DHHS) benefits mandated by state law and  
identify which of those benefits are in addition to EHB. The first annual submission deadline for  
states to notify the DHHS of their state-mandated benefits was July 1, 2021.
44
 Each qualified 
health plan issuer in the state must quantify cost attributable to each additional required benefit  
and then report this to the state.
45
 In May 2020, DHHS clarified existing rules to provide that it  
would also be permissible for issuers to choose to rely on another entity, such as the state, to  
produce the cost analysis, provided the issuer remains responsible for ensuring that the  
quantification complies with existing rules.
46
 Further, the DHHS noted that this calculation should  
be done prospectively to allow for the offset of an enrollee’s share of premium and for purposes  
of calculating the PTC and reduced cost sharing.
47
 
 
Audiologist Scope of Practice and Licensure Requirements 
 
An audiologist is licensed under part I of ch. 468, F.S., to practice audiology.
48
 The practice of  
audiology includes the application of principles, methods, and procedures for the prevention,  
identification, evaluation, consultation, habilitation, rehabilitation, instruction, treatment, and  
research, relative to hearing and the disorders of hearing, and to related language and speech  
disorders.
49
 A licensed audiologist may: 
 Offer, render, plan, direct, conduct, consult, or supervise services to individuals or groups of  
individuals who have or are suspected of having disorders of hearing, including prevention,  
                                                
39
 A “grandfathered health plan” is a plan that maintains coverage that was in place prior to the passage of the PPACA or in which the 
enrollee was enrolled on March 23, 2010, while complying with the consumer protection components of the  
PPACA. If a group health plan enters a new policy, certificate, or contract of insurance, the group must provide the new  
issuer the documentation from the prior plan so it can be determined whether there has been a change sufficient to lose  
grandfather status. S. 627.402, F.S. 
40
 42 U.S.C. s. 18022(b)(1)(A)-(J). 
41
 In Florida, 1,705,902 or 95 percent of the total marketplace exchange enrollees receive premium tax credits. KFF,  
Marketplace Effectuated Enrollment and Financial Assistance (2020), available at https://www.kff.org/other/stateindicator/effectuated-
marketplace-enrollment-and-financialassistance/?currentTimeframe=0&sortModel=%7B”colld”:”Location”,”sort”:”asc”%7D.  
42
 HealthCare.gov, Subsidized Coverage, available at https://www.healthcare.gov/glossary/subsidized-coverage/.  Household income 
must be between 100 percent and 400 percent of the federal poverty level to qualify for a premium tax credit. 
43
 42 U.S.C. s. 18031(d)(3)(B)(ii). 
44
 45 CFR 156.111. 
45
 45 CFR 155.170(c). 
46
 85 Fed. Reg. 29218 (May 14, 2020). 
47
 Id. 
48
 S. 468.1125(1), F.S. 
49
 S. 468.1125(6)(a), F.S.  STORAGE NAME: h0079a.FFS 	PAGE: 7 
DATE: 2/16/2022 
  
identification, evaluation, treatment, consultation, habilitation, rehabilitation, instruction, and  
research; 
 Participate in hearing conservation, evaluation of noise environment, and noise control; 
 Conduct and interpret tests of vestibular function and nystagmus, electrophysiologic 
auditory-evoked potentials, central auditory function, and calibration of measurement  
equipment used for such purposes; 
 Habilitate and rehabilitate, including, but not limited to, hearing aid evaluation, prescription,  
preparation, fitting and dispensing, assistive listening device selection and orientation,  
auditory training, aural habilitation, aural rehabilitation, speech conservation, and  
speechreading; 
 Fabricate ear molds; 
 Evaluate tinnitus; and 
 Include speech and language screening, limited to a pass/fail determination for identifying 
individuals with disorders of communication.
50
 
 
To become licensed as an audiologist, an applicant must: 
 Have earned a doctoral degree in audiology or have completed the academic  
requirements of a doctoral degree program with a major emphasis on audiology at an  
institution that meets specified requirements;
51
 
 Receive a passing score on a national examination;
52
 and 
 Demonstrate a minimum of 11 months of full-time professional employment or practice 
with a provisional license.
53
 
 
An audiologist is required to perform a final fitting for a client to ensure the physical and  
operational comfort of the hearing aid “when indicated.”
54
 
 
Hearing Aid Specialist Scope of Practice and Licensure Requirements 
 
A hearing aid specialist is licensed under part II of ch. 484, F.S., to practice the dispensing of  
hearing aids.
55
 To become a hearing aid specialist, an applicant must: 
 Be a graduate from an accredited high school or its equivalent; 
 Have completed a training program as established by the Board of Hearing Aid Specialists  
that is a minimum of six months in length, or be licensed or certified and have been actively  
practicing for at least 12 months as a licensed in another state; and 
 Pass an examination as established by the Board of Hearing Aid Specialists.
56
 
 
A hearing aid specialist is required to perform a final fitting for all clients to ensure the physical  
and operational comfort of the hearing aid.
57
 
 
Effect of Proposed Changes 
 
HB 79 requires individual health insurers and health maintenance organizations (HMOs) to provide 
hearing aid coverage for a covered child from birth through age 18 who has been diagnosed with 
hearing loss by a licensed physician or a licensed audiologist. The bill requires a minimum coverage 
limit of $3,500 per ear within a 24-month period. The insured or subscriber remains responsible for the 
cost of hearing aids and related services that exceed the coverage limit provided for in the policy or 
contract.  
 
                                                
50
 S. 468.1125(6)(b), F.S. 
51
 S. 468.1155(3)(b), F.S. 
52
 S. 468.1155(1)(a), F.S. 
53
 Id. 
54
 S. 468.1225(3), F.S. 
55
 S. 484.041, F.S. 
56
 S. 484.045, F.S. 
57
 S. 484.0501(3), F.S.  STORAGE NAME: h0079a.FFS 	PAGE: 8 
DATE: 2/16/2022 
  
If, however, a child experiences a significant and unexpected change in his or her hearing or 
experiences a medical condition requiring an unexpected change in the hearing aid before the existing 
24-month period expires, and alterations to the existing hearing aid do not, or cannot, meet the needs 
of the child, the bill requires that a new 24-month period must begin with full benefits and coverage. 
 
For a child younger than 18 years of age, a hearing aid prescribed as medically necessary must 
prescribed, fitted, and dispensed by a licensed physician or a licensed audiologist. Coverage for a 
hearing aid prescribed to a child between ages 18 and 21 years of age, inclusive, must be fitted and 
dispensed by a licensed physician, licensed audiologist, or a licensed hearing aid specialist. 
 
The bill applies to policies or contracts that are issued or renewed on or after January 1, 2023. 
 
The bill provides an effective date of January 1, 2023. 
 
 
B. SECTION DIRECTORY: 
 
 Section 1:  Creates s. 627.6413, F.S., relating to coverage for hearing aids for children. 
 Section 2: Amends s. 641.31, F.S., relating to health maintenance contracts. 
 Section 3: Provides an effective date of January 1, 2023. 
 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
None. 
 
 
2. Expenditures: 
 
PPACA requires states to pay for the cost differential in health insurance premium caused by a 
mandated health benefit.  The total cost of the bill’s coverage mandate for all commercial health 
plans in Florida is unknown; per federal rules, the state may select a new essential health benefits 
(EHB) benchmark plan for plan years beginning on or after January 1, 2020. If the state opts to 
select a new EHB-benchmark plan, including state mandated coverage, the state is required under 
federal rule to submit an actuarial certification and associated actuarial report
58
 affirming that the 
state’s new EHB-benchmark plan provides a scope of benefits that is equal to, or greater than, the 
scope of benefits provided under a typical employer plan
59
 and that it does not exceed the 
generosity of the most generous plans.
60
 The report will detail the amount the state must reimburse 
individuals in the commercial health insurance market for increased premium costs due to state-
mandated benefits. 
 
The bill will also have a likely insignificant, indeterminate fiscal impact on the State Group Insurance 
Program to fund the additional cost of mandated coverage. 
 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
                                                
58
 45 C.F.R. s. 156.111(e)(2)(i) and (ii). 
59
 45 C.F.R. s. 156.111(b)(2)(i). 
60
 45 C.F.R. s. 156.111(b)(2)(ii)(A) and (B).  STORAGE NAME: h0079a.FFS 	PAGE: 9 
DATE: 2/16/2022 
  
None. 
 
 
2. Expenditures: 
 
See Section II.A.2. above for fiscal impacts on local governments that provide health coverage for 
employees. 
 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
 
The bill requires individual health insurers and HMOs to cover hearing aids for insured children aged 21 
years and younger. The costs associated with such mandated coverage will likely result in higher 
insurance premiums to cover associated costs, some of which will be covered by employer-based 
health care coverage. 
 
 
D. FISCAL COMMENTS: 
 
None. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
1. Applicability of Municipality/County Mandates Provision: 
 
Not applicable. The bill does not appear to impact county or municipal governments. 
 
2. Other: 
 
None. 
 
 
   STORAGE NAME: h0079a.FFS 	PAGE: 10 
DATE: 2/16/2022 
  
B. RULE-MAKING AUTHORITY: 
 
The bill provisions do not require additional rule-making authority for implementation. 
 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
 
None. 
 
IV.  AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES