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PRINTER'S NO. 1890
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1609
Session of
2023
INTRODUCED BY HANBIDGE, HOHENSTEIN, CIRESI, SANCHEZ, GUENST,
D. WILLIAMS, MADDEN, HOWARD, SCHLOSSBERG, SAPPEY, McNEILL,
BURGOS, KINSEY, FIEDLER, HILL-EVANS, FLEMING, DEASY, FREEMAN,
KINKEAD, KHAN, CERRATO, N. NELSON, OTTEN, O'MARA, ROZZI,
BOROWSKI, T. DAVIS, HARKINS, WEBSTER, KIM, SHUSTERMAN,
PIELLI, HADDOCK, BRENNAN, DELLOSO AND PROBST, AUGUST 8, 2023
REFERRED TO COMMITTEE ON INSURANCE, AUGUST 8, 2023
AN ACT
Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
act relating to insurance; amending, revising, and
consolidating the law providing for the incorporation of
insurance companies, and the regulation, supervision, and
protection of home and foreign insurance companies, Lloyds
associations, reciprocal and inter-insurance exchanges, and
fire insurance rating bureaus, and the regulation and
supervision of insurance carried by such companies,
associations, and exchanges, including insurance carried by
the State Workmen's Insurance Fund; providing penalties; and
repealing existing laws," in casualty insurance, further
providing for hearing aid coverage.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 635 of the act of May 17, 1921 (P.L.682,
No.284), known as The Insurance Company Law of 1921, is amended
to read:
Section 635. Hearing Aid Coverage.--(a) Any insurer that
underwrites Medicare or Medicaid insurance for insureds residing
in this Commonwealth shall provide coverage in such insurance
for a hearing aid sold in accordance with section 403 of the act
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of November 24, 1976 (P.L.1182, No.262), known as the "Hearing
Aid Sales Registration Law."
(b) A health insurance policy or government program shall
provide coverage for a hearing aid sold in accordance with
section 403 of the "Hearing Aid Sales Registration Law," subject
to any applicable copay, coinsurance or deductible.
(c) The health insurance policy shall make available,
starting with the first year of enrollment and every three years
thereafter, no less than a two thousand five hundred dollar
benefit toward coverage for a hearing aid. The benefit may be
used by the insured with an entity in the business of selling
hearing aids and fitters that are contracted with the health
insurance policy.
(d) As used in this section:
(1) "Business of selling hearing aids" means as defined in
section 103 of the "Hearing Aid Sales Registration Law."
(2) "Fitter" means as defined in section 103 of the "Hearing
Aid Sales Registration Law."
(3) "Government program" includes the following:
(i) The Commonwealth's medical assistance program
established under Subarticle (f) of Article IV of the act of
June 13, 1967 (P.L.31, No.21), known as the "Human Services
Code."
(ii) The Children's Health Insurance Program established
under Article XXIII-A of this act.
(4) "Health insurance policy":
(i) Means an individual or group health insurance policy,
contract or plan that provides medical or health care coverage
by a health care facility or licensed health care provider on an
expense-incurred service or prepaid basis that is offered by or
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is governed under any of the following:
(A) This act, including section 630 and Article XXIV.
(B) The act of December 29, 1972 (P.L.1701, No.364), known
as the "Health Maintenance Organization Act."
(C) A nonprofit corporation subject to 40 Pa.C.S. Ch. 61
(relating to hospital plan corporations) or 63 (relating to
professional health services plan corporations).
(ii) Does not include any of the following policies:
(A) Accident only.
(B) Credit only.
(C) Long-term care or disability income.
(D) Specified disease.
(E) Medicare supplement.
(F) TRICARE, including a Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) supplement.
(G) Fixed indemnity.
(H) Dental only.
(I) Vision only.
(J) Workers' compensation.
(K) Automobile medical payment insurance.
(L) Hospital indemnity.
(M) Limited benefit.
Section 2. This act shall apply as follows:
(1) For health insurance policies for which either rates
or forms are required to be filed with the Federal Government
or the Insurance Department, this act shall apply to any
policy for which a form or rate is first filed on or after
the effective date of this section.
(2) For health insurance policies for which neither
rates nor forms are required to be filed with the Federal
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Government or the Insurance Department, this act shall apply
to any policy issued or renewed on or after 180 days after
the effective date of this section.
Section 3. This act shall take effect in 90 days.
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