Florida Senate - 2022                                     SB 498
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00760-22                                            2022498__
    1                        A bill to be entitled                      
    2         An act relating to insurance coverage for hearing aids
    3         for children; creating s. 627.6413, F.S.; providing a
    4         definition of the term “hearing aid”; requiring
    5         certain individual health insurance policies to
    6         provide coverage for hearing aids for children 21
    7         years of age or younger under certain circumstances;
    8         specifying health care providers who may prescribe,
    9         fit, and dispense the hearing aids; specifying a
   10         minimum coverage limit within a certain timeframe;
   11         providing an exception; providing that an insured is
   12         responsible for certain costs that exceed the policy
   13         limit; providing applicability; amending s. 641.31,
   14         F.S.; requiring certain individual health maintenance
   15         contracts to provide coverage for hearing aids for
   16         children 21 years of age or younger under certain
   17         circumstances; specifying health care providers who
   18         may prescribe, fit, and dispense the hearing aids;
   19         specifying a minimum coverage limit within a certain
   20         timeframe; providing an exception; providing that a
   21         subscriber is responsible for certain costs that
   22         exceed the contract limit; providing a definition of
   23         the term “hearing aid”; providing applicability;
   24         providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 627.6413, Florida Statutes, is created
   29  to read:
   30         627.6413Coverage for hearing aids for children.—
   31         (1)As used in this section, the term “hearing aid” means
   32  any wearable instrument or device designed for, offered for the
   33  purpose of, or represented as aiding persons with or
   34  compensating for, impaired hearing.
   35         (2)A health insurer issuing an individual policy that
   36  provides major medical or similar comprehensive coverage to an
   37  insured or a family member of an insured must provide coverage
   38  for a hearing aid for an insured child 21 years of age or
   39  younger who is diagnosed with hearing loss by a licensed
   40  physician or a licensed audiologist and for whom the hearing aid
   41  is prescribed as medically necessary. Coverage for a hearing aid
   42  prescribed to a child younger than 18 years of age must require
   43  the hearing aid to be prescribed, fitted, and dispensed by a
   44  licensed physician or a licensed audiologist. Coverage for a
   45  hearing aid prescribed to a child between 18 and 21 years of
   46  age, inclusive, must require the hearing aid to be fitted and
   47  dispensed by a licensed physician, a licensed audiologist, or a
   48  licensed hearing aid specialist.
   49         (3)The policy must provide a minimum coverage limit of
   50  $3,500 per ear within a 24-month period. However, if a child
   51  experiences a significant and unexpected change in his or her
   52  hearing or a medical condition requiring an unexpected change in
   53  the hearing aid before the existing 24-month period expires, and
   54  if alterations to the existing hearing aid do not or cannot meet
   55  the needs of the child, a new 24-month period must begin with
   56  full benefits and coverage.
   57         (4)An insured is responsible for the cost of hearing aids
   58  and related services which exceeds the coverage limit provided
   59  by his or her policy.
   60         (5)This section applies to a policy issued or renewed on
   61  or after January 1, 2023.
   62         Section 2. Subsection (48) is added to section 641.31,
   63  Florida Statutes, to read:
   64         641.31 Health maintenance contracts.—
   65         (48)(a)A health maintenance organization issuing an
   66  individual contract that provides major medical or similar
   67  comprehensive coverage to a subscriber or a family member of a
   68  subscriber must provide coverage for a hearing aid for a covered
   69  child 21 years of age or younger who is diagnosed with hearing
   70  loss by a licensed physician or a licensed audiologist and for
   71  whom the hearing aid is prescribed as medically necessary.
   72  Coverage for a hearing aid prescribed to a child younger than 18
   73  years of age must require the hearing aid to be prescribed,
   74  fitted, and dispensed by a licensed physician or a licensed
   75  audiologist. Coverage for a hearing aid prescribed to a child
   76  between 18 and 21 years of age, inclusive, must require the
   77  hearing aid to be fitted and dispensed by a licensed physician,
   78  a licensed audiologist, or a licensed hearing aid specialist.
   79         (b)The contract must provide a minimum coverage limit of
   80  $3,500 per ear within a 24-month period. However, if a child
   81  experiences a significant and unexpected change in his or her
   82  hearing or a medical condition requiring an unexpected change in
   83  the hearing aid before the existing 24-month period expires, and
   84  if alterations to the existing hearing aid do not or cannot meet
   85  the needs of the child, a new 24-month period must begin with
   86  full benefits and coverage.
   87         (c)A subscriber is responsible for the cost of hearing
   88  aids and related services which exceeds the coverage limit
   89  provided by his or her contract.
   90         (d)As used in this subsection, the term “hearing aid”
   91  means any wearable instrument or device designed for, offered
   92  for the purpose of, or represented as aiding persons with or
   93  compensating for impaired hearing.
   94         (e)This subsection applies to a contract issued or renewed
   95  on or after January 1, 2023.
   96         Section 3. This act shall take effect January 1, 2023.