HB 159 – AS INTRODUCED
2005 SESSION
01/09
HOUSE BILL 159
AN ACT relative to insurance coverage for persons having deafness and hearing loss.
SPONSORS: Rep. MacKay, Merr 11; Rep. Pilliod, Belk 5; Rep. Batula, Hills 19; Sen. D'Allesandro, Dist 20; Sen. Martel, Dist 18
This bill requires insurance for hearing evaluations, hearing aids, and the dispensing and fitting of hearing aids.
This bill is a result of the task force on deafness and hearing loss established in 2000, 234 as amended by 2001, 177; 2002, 105; and 2003, 117.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0547
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to insurance coverage for persons having deafness and hearing loss.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Coverage for Hearing Aids. Amend RSA 415 by inserting after section 6-k the following new section:
415:6-l Coverage for Hearing Aids. Each insurer that issues or renews any individual policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, shall provide to certificate holders of such insurance, who are residents of this state, coverage for the practice of fitting, dispensing, servicing, or sale of hearing instruments or hearing aids by a hearing instrument dispenser or other hearing care professional. The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the enrolled participant shall not exceed the amount allowed under the contract for the reasonable and customary charge for the service provided. Notwithstanding any provision of law or rule to the contrary, the coverage under this section shall apply to the medical assistance program, pursuant to RSA 161 and RSA 167. In this section:
I. “Hearing care professional” means a person who is a licensed audiologist, a licensed hearing instrument dispenser, or a licensed physician.
II. “Hearing instrument” or “hearing aid” means any instrument or device designed, intended, or offered for the purpose of improving a person’s hearing and any parts, attachments, or accessories, including earmolds. Batteries, cords, and individual or group auditory training devices and any instrument or device used by a public utility in providing telephone or other communication services are excluded.
III. “Hearing instrument dispenser” means a person who is a hearing care professional that engages in the selling, practice of fitting, selecting, recommending, dispensing, or servicing of hearing instruments or the testing for means of hearing instrument selection or who advertises or displays a sign or represents himself or herself as a person who practices the testing, fitting, selecting, servicing, dispensing, or selling of hearing instruments.
IV. “Practice of fitting, dispensing, servicing, or sale of hearing instruments” means the measurement of human hearing with an audiometer, calibrated to the current American National Standard Institute standards, for the purpose of making selections, recommendations, adoptions, services, or sales of hearing instruments including the making of earmolds as a part of the hearing instrument.
V. “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.
2 New Section; Coverage for Hearing Aids. Amend RSA 415 by inserting after section 18-p the following new section:
415:18-q Coverage for Hearing Aids. Each insurer that issues or renews any policy of group or blanket accident or health insurance providing benefits for medical or hospital expenses, shall provide to each group, or to the portion of each group comprised of certificate holders of such insurance who are residents of this state, coverage for the practice of fitting, dispensing, servicing, or sale of hearing instruments or hearing aids by a hearing instrument dispenser or other hearing care professional. The benefits included in this section shall not be subject to any greater deductible than any other benefits provided by the insurer. The coinsurance required by the enrolled participant shall not exceed the amount allowed under the contract for the reasonable and customary charge for the service provided. Notwithstanding any provision of law or rule to the contrary, the coverage under this section shall apply to the medical assistance program, pursuant to RSA 161 and RSA 167. In this section:
I. “Hearing care professional” means a person who is a licensed audiologist, a licensed hearing instrument dispenser, or a licensed physician.
II. “Hearing instrument” or “hearing aid” means any instrument or device designed, intended, or offered for the purpose of improving a person’s hearing and any parts, attachments, or accessories, including earmolds. Batteries, cords, and individual or group auditory training devices and any instrument or device used by a public utility in providing telephone or other communication services are excluded.
III. “Hearing instrument dispenser” means a person who is a hearing care professional that engages in the selling, practice of fitting, selecting, recommending, dispensing, or servicing of hearing instruments or the testing for means of hearing instrument selection or who advertises or displays a sign or represents himself or herself as a person who practices the testing, fitting, selecting, servicing, dispensing, or selling of hearing instruments.
IV. “Practice of fitting, dispensing, servicing, or sale of hearing instruments” means the measurement of human hearing with an audiometer, calibrated to the current American National Standard Institute standards, for the purpose of making selections, recommendations, adoptions, services, or sales of hearing instruments including the making of earmolds as a part of the hearing instrument.
V. “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.
3 Coverage for Hearing Aids. Amend RSA 420-A:2 to read as follows:
420-A:2 Applicable Statutes. Every health service corporation shall be governed by this chapter and the relevant provisions of RSA 161-H, and shall be exempt from this title except for the provisions of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415-A, RSA 415-F, RSA 415:6, II(4), RSA 415:6-g, RSA 415:6-k, RSA 415:18, V, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18-a, RSA 415:18-j, RSA 415:18-o, RSA 415:18-q, RSA 415:22, RSA 417, RSA 417-E, RSA 420-J, and all applicable provisions of title XXXVII wherein such corporations are specifically included. Every health service corporation and its agents shall be subject to the fees prescribed for health service corporations under RSA 400-A:29, VII.
4 Coverage for Hearing Aids. Amend RSA 420-B:20, III to read as follows:
III. The requirements of RSA 400-A:39, RSA 401-B, RSA 402-C, RSA 404-F, RSA 415:6-g, RSA 415:18, VII(g), RSA 415:18, VII-a, RSA 415:18-j, RSA 415:18-q, RSA 415-A, RSA 415-F, RSA 420-G, and RSA 420-J shall apply to health maintenance organizations.
5 Effective Date. This act shall take effect 60 days after its passage.
LBAO
05-0547
1/31/05
HB 159 FISCAL NOTE
AN ACT relative to insurance coverage for persons having deafness and hearing loss.
FISCAL IMPACT:
The Insurance Department has determined this bill may increase state general fund revenue by an indeterminable amount in FY 2006 and each year thereafter. The Association of Counties has determined this bill may increase county expenditures by an indeterminable amount in FY 2006 and each year thereafter. The Municipal Association has determined this bill may increase local expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county and local revenue or state expenditures.
METHODOLOGY:
The Insurance Department states this bill mandates insurance coverage for hearing aids and that to the extent that state, county and local government provide health benefits to their employees through self-insured programs this mandate would not apply. However, if state, county and local governments provide health benefits to their employees through fully insured products, the cost of these programs will increase. Currently, health benefits for state employees are provided through a self-insured program, therefore, there would be no fiscal impact on state expenditures. The Department states it does not have sufficient information to estimate the impact this bill will have on insurance premiums, however, the Department indicated that increased insurance premium prices resulting from this bill will produce an increase in insurance premium tax revenue.
The Association of Counties stated that to the extent a county provides health benefits to its employees through fully insured program this bill would increase premium costs, and therefore, increase county expenditures for health insurance by an indeterminable amount in FY 2006 and each year thereafter.
The Municipal Association stated that to the extent a municipality provides health benefits to its employees through fully insured program this bill would increase premium costs, and therefore, increase local expenditures for health insurance by an indeterminable amount in FY 2006 and each year thereafter.