Did you know?
12.6% of New York's population has some form of hearing loss.
Current consumer protection action
New York SB 1475: This measure requires insurers to provide coverage for hearing aids for children
Summary: This measure requires insurers to provide coverage for hearing aids for children.
The hearing aids must be fitted and dispensed by a licensed audiologist certified by the American Speech-Language-Hearing Association following medical clearance by a physician licensed to practice medicine and an audiological evaluation medically appropriate to the age of the child.
This measure does not prohibit an insurer from providing coverage that is greater or more favorable to an insured or enrolled.
This measure takes effect on the following January 1 after enactment.
Status: 1st Chamber
Outlook: This measure requires insurers to provide coverage for hearing aids for children.
The hearing aids must be fitted and dispensed by a licensed audiologist certified by the American Speech-Language-Hearing Association following medical clearance by a physician licensed to practice medicine and an audiological evaluation medically appropriate to the age of the child.
This measure does not prohibit an insurer from providing coverage that is greater or more favorable to an insured or enrolled.
This measure takes effect on the following January 1 after enactment.
New York SB 1474: This measure requires insurers to provide coverage for hearing aids
Summary: This measure requires insurers to provide coverage for hearing aids.
The hearing aids must be fitted and dispensed by a licensed audiologist certified by the American Speech-Language-Hearing Association following medical clearance by a physician licensed to practice medicine and an audiological evaluation.
This measure does not prohibit an insurer from providing coverage that is greater or more favorable to an insured or enrolled.
This measure takes effect on the following January 1 after enactment.
Status: 1st Chamber
Outlook: This measure has been introduced for the 2023 legislative session and referred to the Senate Insurance Committee.
This measure is eligible for consideration in the committee of referral.
New York SB 1228: This measure adopts the Physical Therapy Licensure Compact, the Occupational Therapy Licensure Compact, and the Audiology and Speech-Language Pathology Interstate Compact
Summary: This measure adopts the Physical Therapy Licensure Compact, the Occupational Therapy Licensure Compact, and the Audiology and Speech-Language Pathology Interstate Compact.
This measure takes effect immediately.
Status: 1st Chamber
Outlook: The enacting clause has been stuck from this measure.
Striking an enacting clause is often used by the Legislature as a method of killing measures. This measure is unlikely to receive further consideration.
According to the sponsor, “The Office of the Deputy under Secretary of Defense recommends this legislation for the Military Community and Family Policy as part of their top ten priorities for States, which are important for the quality of life issues for service members and families. New York is behind when it comes to the adoption of these licensing requirements. Inconsistencies between states and the lack of portable employment opportunities hinder military spouses’ career growth. The anticipated outcome is that states provide alternative certifications and enhance the licensing procedures so that it fits-the needs of working military families. New York can achieve this by providing education and training opportunities, reciprocal licensing agreements, and out-of-state licensing recognition. This would ensure that military spouses are able to practice their profession across state lines. According to the United States Department of Defense-State Liaison Office, this legislation aligns with the ‘best practices’ language that is given by the Department of Defense to partner with States to support military families. “This measure has a companion, AB 4342, under consideration in the Assembly.
New York AB 535: This measure requires health insurance policies to cover hearing aids purchased from dispensers
Summary: This measure requires health insurance policies to provide coverage for hearing aids purchased from hearing aid dispensers registered under article thirty-seven-A of the general business law or audiologists licensed under article one hundred fifty-nine of the education law.
Services for recasting, reshelling, and acquiring new molds are included under this requirement.
This measure takes effect the following January 1 after becoming law.
This measure defines “hearing aid” as any wearable instrument or device designed for hearing and any parts, attachments, or accessories but excluding batteries and cords or accessories thereto. A registered hearing aid dispenser or licensed audiologist will determine the type of device needed to correct the hearing loss.
Status: 1st Chamber
Outlook: This measure has been introduced and referred to the Senate Insurance Committee.
This measure is eligible for consideration in the committee of referral.
Past consumer protection action
January 14, 2022. NAAG Responds to FDA’s Comment Request on New Over-The-Counter Hearing Aid Rules
“In response to a request for comments from the Food and Drug Administration (FDA) regarding new rules regulating over-the-counter hearing aids, NAAG submitted comments encouraging the FDA to take the below steps to ensure that states maintain a role as regulators in this emerging market.”
December 10, 2021. CONSUMER ALERT: Attorney General James Issues Alert to Warn New York Consumers to Be Cautious of Companies Marketing Over-the-Counter Hearing Aids.
“Hearing loss impacts individuals of all ages and backgrounds and I urge all New Yorkers to do their research before shopping for these devices,” said Attorney General James. “Companies that sell over-the-counter hearing devices are not held to the same standards as the licensed professionals who provide these critical devices, and they are not required to inform consumers of the risks associated with their products. While consumers may be tempted to purchase these unregulated and unlawful products because of their low prices, the ultimate price you pay may be further hearing loss.”
Latest 2023 legislative news
AB 9572. Sponsor: Assemblymember Michaelle Solages (D)
This measure requires coverage for hearing aids.
This measure applies to insurers.
This measure is effective 19 days after becoming law.
SB 794. Sponsor: Senator Brad Hoylman (D)
This measure addresses the conduct of healthcare professionals with incarcerated persons and the states regulations of healthcare licensure.
The measure tentatively takes effect January 1, 2023.
SB 8640. Sponsor: Senator Luis Sepulveda (D)
This bill requires insurance plans to cover children's hearing aids.
SB 8684. Sponsor: Senator Roxanne Persaud (D)
This measure requires mandatory coverage of hearing aids by nonprofit healthcare plans, private health insurers and managed care organizations.
This measure applies to insurers.
The effective date is 90 days after enactment.
SB 9235. Sponsor: Senator Robert Ortt (R)
This measure enacts the Physical Therapy Licensure Compact, Occupational Therapy Licensure Compact, and Audiology and Speech-Language Pathology Interstate Compact.
This measure goes into effect immediately.