To amend chapter 89 of title 5, United States Code, and the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to require coverage of hearing aids under the Federal Employees Health Benefits Program and private group and individual insurance.

April 28, 2004

Mr. LYNCH introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend chapter 89 of title 5, United States Code, and the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to require coverage of hearing aids under the Federal Employees Health Benefits Program and private group and individual insurance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Helping America Hear Act of 2004'.

SEC. 2. COVERAGE OF HEARING AIDS UNDER FEHBP PROGRAM.

Section 8904 of title 5, United States Code, is amended by adding at the end the following new subsection:

`(c) Each health benefits plan under this chapter shall include coverage for the provision of at least 2 hearing aids every 3 years, except that this subsection shall not be construed as requiring the payment under such plan in any 3-year period of more than $2,000 on hearing aids with respect to any individual.'.

SEC. 3. COVERAGE OF HEARING AIDS UNDER PRIVATE INSURANCE PLANS.

(a) ERISA-

(1) IN GENERAL- Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section:

`SEC. 714. REQUIRING COVERAGE OF HEARING AIDS.

`If a group health plan provides benefits with respect to hospital and surgical expenses, the plan (and any health insurance issuer offering health insurance coverage in connection with such a plan) shall provide coverage for the provision of at least 2 hearing aids every 3 years, except that this section shall not be construed as requiring the payment under such plan in any 3-year period of more than $2,000 on hearing aids with respect to any individual.'.

(2) CLERICAL AMENDMENT- The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item:

`Sec. 714. Requiring coverage of hearing aids.'.

(b) INDIVIDUAL HEALTH INSURANCE- (1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section:

`The provisions of section 714 of the Employee Retirement Income Security Act of 1974 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.'.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall apply to coverage furnished in plan years beginning more than 60 days after the date of the enactment of this Act.

END