STATE OF NEW YORK ________________________________________________________________________ 2561 2023-2024 Regular Sessions IN SENATE January 23, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance 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 39 to read as follows: 5 (39) (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, 20 but shall only be allowed reimbursement up to the amount provided in 21 clause (i) of this subparagraph. 22 (B)(i) For the purposes of this paragraph "hearing aid" shall mean any 23 wearable instrument or devices designed for hearing and any parts, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07151-01-3
S. 2561 2 1 attachments or accessories but excluding batteries and cords or accesso- 2 ries thereto. 3 (ii) For the purposes of this section, services for recasing, reshell- 4 ing and acquiring new molds shall be included as part of the policies. 5 (C) Coverage provided pursuant to this paragraph shall not be subject 6 to deductibles, coinsurance or copayments. 7 § 3. Section 3221 of the insurance law is amended by adding a new 8 subsection (u) to read as follows: 9 (u) (1) (A) Every group health insurance policy issued or delivered in 10 this state shall provide coverage for hearing aids purchased from a 11 hearing aid dispenser registered under article thirty-seven-A of the 12 general business law or an audiologist licensed under article one 13 hundred fifty-nine of the education law for an insured person who is 14 less than sixteen years of age, such insured person shall be entitled to 15 reimbursement of up to one thousand dollars for each hearing aid every 16 two years for expenses related to the purchase of up to two hearing 17 aids. When it is demonstrated that (i) the insured child's hearing has 18 changed significantly within a two year period and (ii) the existing 19 hearing aid will no longer correct the child's hearing loss, such 20 insured person shall be entitled to reimbursement for additional hearing 21 aid expenses. 22 (B) For the purposes of this subsection, the insured person shall be 23 entitled to spend more than one thousand dollars on each hearing aid, 24 but shall only be allowed reimbursement up to the amount provided in 25 subparagraph (A) of this paragraph. 26 (2)(A) For the purposes of this subsection, "hearing aid" shall mean 27 any wearable instrument or devices designed for hearing and any parts, 28 attachments or accessories but excluding batteries and cords or accesso- 29 ries thereto. 30 (B) For the purposes of this section, services for recasing, reshell- 31 ing and acquiring new molds shall be included as part of the policies. 32 (3) Coverage provided pursuant to this subsection shall not be subject 33 to deductibles, coinsurance or copayments. 34 § 4. Section 4303 of the insurance law is amended by adding a new 35 subsection (uu) to read as follows: 36 (uu) (1) (A) Every contract issued or delivered in this state by a 37 health service corporation or hospital service corporation shall provide 38 coverage for hearing aids purchased from a hearing aid dispenser regis- 39 tered under article thirty-seven-A of the general business law or an 40 audiologist licensed under article one hundred fifty-nine of the educa- 41 tion law for an insured person who is less than sixteen years of age, 42 such insured person shall be entitled to reimbursement of up to one 43 thousand dollars for each hearing aid every two years for expenses 44 related to the purchase of up to two hearing aids. When it is demon- 45 strated that (i) the insured child's hearing has changed significantly 46 within a two year period and (ii) the existing hearing aid will no long- 47 er correct the child's hearing loss, such insured person shall be enti- 48 tled to reimbursement for additional hearing aid expenses. 49 (B) For the purposes of this subsection, the insured person shall be 50 entitled to spend more than one thousand dollars on each hearing aid, 51 but shall only be allowed reimbursement up to the amount provided in 52 subparagraph (A) of this paragraph. 53 (2)(A) For the purposes of this subsection, "hearing aid" shall mean 54 any wearable instrument or devices designed for hearing and any parts, 55 attachments or accessories but excluding batteries and cords or accesso- 56 ries thereto.
S. 2561 3 1 (B) For the purposes of this section, services for recasing, reshell- 2 ing and acquiring new molds shall be included as part of the policies. 3 (3) Coverage provided pursuant to this subsection shall not be subject 4 to deductibles, coinsurance or copayments. 5 § 5. Subdivision 6 of section 2511 of the public health law is amended 6 by adding a new paragraph (c-1) to read as follows: 7 (c-1) standards requiring coverage for medically necessary hearing 8 aids in accordance with subsection (u) of section three thousand two 9 hundred twenty-one of the insurance law; 10 § 6. Subdivision 2 of section 365-a of the social services law is 11 amended by adding a new paragraph (kk) to read as follows: 12 (kk) the purchase of medically necessary hearing aids from a hearing 13 aid dispenser registered under article thirty-seven-A of the general 14 business law or an audiologist licensed under article one hundred 15 fifty-nine of the education law for any child who is less than sixteen 16 years of age. Such assistance shall be limited to one thousand dollars 17 for each hearing aid every two years for up to two hearing aids. 18 § 7. This act shall take effect July 1, 2023 and sections two, three 19 and four of this act shall apply to all policies issued, modified or 20 renewed on and after such date.