Bill H.324

HOUSE DOCKET, NO. 780 FILED ON: 1/19/2011

HOUSE . . . . . . . . . . . . . . . No. 324

The Commonwealth of Massachusetts

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PRESENTED BY:

John W. Scibak

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to provide hearing aid coverage for persons with profound hearing loss.

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PETITION OF:

Name:	District/Address:	Date Added:
Carl M. Sciortino, Jr.	34th Middlesex	1/27/2011
Peter V. Kocot	1st Hampshire	2/1/2011
George T. Ross	2nd Bristol	2/2/2011
James B. Eldridge		2/2/2011
Walter F. Timilty	7th Norfolk	2/3/2011
Martin J. Walsh	13th Suffolk	2/3/2011
Susan C. Fargo		2/3/2011
James J. O'Day	14th Worcester	2/3/2011
David Paul Linsky	5th Middlesex	2/3/2011
Stephen L. DiNatale	3rd Worcester	2/3/2011
David B. Sullivan	6th Bristol	2/4/2011
Denise Provost	27th Middlesex	2/4/2011
Gale D. Candaras		2/4/2011
Christine E. Canavan	10th Plymouth	2/4/2011
Kathi-Anne Reinstein	16th Suffolk	2/4/2011
Joyce A. Spiliotis	12th Essex	1/27/2011
Carlo Basile	1st Suffolk	1/31/2011
Robert M. Koczera	11th Bristol	2/1/2011
Tom Sannicandro	7th Middlesex	2/1/2011
Anne M. Gobi	5th Worcester	2/1/2011
Theodore C. Speliotis	13th Essex	1/28/2011
Bruce J. Ayers	1st Norfolk	1/25/2011
Aaron Michlewitz	3rd Suffolk	2/1/2011
Sean Garballey	23rd Middlesex	2/1/2011

HOUSE DOCKET, NO. 780 FILED ON: 1/19/2011

HOUSE . . . . . . . . . . . . . . . No. 324

By Mr. Scibak of South Hadley, a petition (accompanied by bill, House, No. 324) of Carl M. Sciortino, Jr. and others for legislation to provide hearing aid coverage for persons with profound hearing loss. Financial Services.

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to provide hearing aid coverage for persons with profound hearing loss.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Chapter 118E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 9C the following section:-

Section 9D. (a) Definitions. As used in the section:

(i) “Hearing Aid” shall mean any wearable, non-disposable instrument or device designed to aid or compensate for impaired or diminished human hearing; and any part, attachments, or accessories including earmolds but excluding batteries. In the event that any part of this definition conflicts with the definition of a hearing aid in section 196 of chapter 112 of the General Laws, this definition will take precedent for the purposes of this section.

(ii) “Profound Hearing Loss” shall mean a pure tone average of 91 decibels (dB) or greater at 500Hz, 1000 Hz, and 2000 Hz.

(iii) “Related Services” shall mean those services necessary to assess, select, and appropriately adjust or fit the hearing aid to ensure optimal performance.

(b) A health benefit plan shall provide 80 percent coverage, subject to all applicable co-payments, coinsurance, deductibles, and out-of-pocket limits, in the cost of one hearing aid and all related services per hearing impaired ear, every 24 months for insured individuals with bilateral profound hearing loss, which shall be prescribed by an audiologist or a hearing instrument specialist as defined in section 196 of chapter 12 of the General Laws, and dispensed by an audiologist or a hearing instrument specialist as defined in said section.

(d) A health benefit plan shall not be required to pay a claim filed by its insured for payment of the cost of a hearing aid under the coverage required by subsection (2) of this section if less than 2 years prior to the date of the claim its insured filed a claim for payment of cost of a hearing aid under the required coverage and the claim was paid by any health benefit plan.