SECTION 1. Chapter 1367,
Insurance Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. HEARING AIDS
AND COCHLEAR IMPLANTS
Sec. 1367.251.
APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a health
benefit plan, including a small employer health benefit plan written under
Chapter 1501 or coverage provided through a health group cooperative under
Subchapter B of that chapter, that provides benefits for medical or
surgical expenses incurred as a result of a health condition, accident, or
sickness, including an individual, group, blanket, or franchise insurance
policy or insurance agreement, a group hospital service contract, or an
individual or group evidence of coverage or similar coverage document that
is offered by:
(1) an insurance company;
(2) a group hospital
service corporation operating under Chapter 842;
(3) a fraternal benefit
society operating under Chapter 885;
(4) a Lloyd's plan
operating under Chapter 941;
(5) a stipulated premium
insurance company operating under Chapter 884;
(6) a reciprocal exchange
operating under Chapter 942;
(7) a health maintenance
organization operating under Chapter 843;
(8) a multiple employer
welfare arrangement that holds a certificate of authority under Chapter
846; or
(9) an approved nonprofit
health corporation that holds a certificate of authority under Chapter 844.
(b) This subchapter
applies to coverage under a group health benefit plan described by
Subsection (a) provided to a resident of this state, regardless of whether
the group policy, agreement, or contract is delivered, issued for delivery,
or renewed within or outside this state.
(c) This subchapter applies to group health coverage made
available by a school district in accordance with Section 22.004, Education
Code.
(d) This subchapter
applies to a self-funded health benefit plan sponsored by a professional
employer organization under Chapter 91, Labor Code.
(e) Notwithstanding
Section 22.409, Business Organizations Code, or any other law, this
subchapter applies to health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business Organizations Code.
(f) Notwithstanding Sections 157.008 and 157.106, Local
Government Code, or any other law, this subchapter applies to a county
employee health benefit plan provided under Chapter 157, Local Government
Code.
(g) Notwithstanding
Section 75.104, Health and Safety Code, or any other law, this subchapter
applies to a regional or local health care program operated under that
section.
(h) Notwithstanding Section 172.014, Local Government Code, or
any other law, this subchapter applies to health and accident coverage
provided by a risk pool created under Chapter 172, Local Government Code.
(See Sec. 1367.251(j)
below)
(i) Notwithstanding any
provision in Chapter 1551, 1575, 1579, or 1601 or any other law, this
subchapter applies to:
(1) a basic coverage plan
under Chapter 1551;
(2) a basic plan under
Chapter 1575;
(3) a primary care
coverage plan under Chapter 1579; and
(4) basic coverage under
Chapter 1601.
(j) Notwithstanding any
other law, a standard health benefit plan provided under Chapter 1507 must
provide the coverage required by this subchapter.
Sec. 1367.252.
EXCEPTION.
Sec. 1367.253. COVERAGE
REQUIRED. (a) A health benefit plan must provide coverage for the cost of
a medically necessary hearing aid or cochlear implant and related services
and supplies for a covered individual who is 18 years of age or younger.
(b) Coverage required
under this section:
(1) must include:
(A) fitting and
dispensing services and the provision of ear molds as necessary to maintain
optimal fit of hearing aids;
(B) any treatment related
to hearing aids and cochlear implants, including coverage for habilitation
and rehabilitation as necessary for educational gain; and
(C) for a cochlear
implant, an external speech processor and controller with necessary
components replacement every three years; and
(2) is limited to:
(A) one hearing aid in
each ear every three years; and
(B) one cochlear implant
in each ear with internal replacement as medically or audiologically
necessary.
(c) Except as provided by
Subsection (b), coverage required under this section:
(1) may not be less
favorable than coverage for physical illness generally under the plan;
(2) must be subject to
durational limits and coinsurance factors no less favorable than coverage
provided for physical illness generally under the plan; and
(3) may not be subject to a deductible requirement or dollar
limit.
(d) This section does not
apply to a qualified health plan defined by 45 C.F.R. Section 155.20 if a
determination is made under 45 C.F.R. Section 155.170 that:
(1) this subchapter
requires the plan to offer benefits in addition to the essential health
benefits required under 42 U.S.C. Section 18022(b); and
(2) this state must make
payments to defray the cost of the additional benefits mandated by this
subchapter.
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SECTION 1. Chapter 1367,
Insurance Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. HEARING
AIDS AND COCHLEAR IMPLANTS
Sec. 1367.251.
APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a health
benefit plan, including a small employer health benefit plan written under
Chapter 1501 or coverage provided through a health group cooperative under
Subchapter B of that chapter, that provides benefits for medical or
surgical expenses incurred as a result of a health condition, accident, or
sickness, including an individual, group, blanket, or franchise insurance
policy or insurance agreement, a group hospital service contract, or an
individual or group evidence of coverage or similar coverage document that
is offered by:
(1) an insurance company;
(2) a group hospital
service corporation operating under Chapter 842;
(3) a fraternal benefit
society operating under Chapter 885;
(4) a Lloyd's plan
operating under Chapter 941;
(5) a stipulated premium
insurance company operating under Chapter 884;
(6) a reciprocal exchange
operating under Chapter 942;
(7) a health maintenance
organization operating under Chapter 843;
(8) a multiple employer
welfare arrangement that holds a certificate of authority under Chapter
846; or
(9) an approved nonprofit
health corporation that holds a certificate of authority under Chapter 844.
(b) This subchapter
applies to coverage under a group health benefit plan described by
Subsection (a) provided to a resident of this state, regardless of whether
the group policy, agreement, or contract is delivered, issued for delivery,
or renewed within or outside this state.
(c) This subchapter
applies to a self-funded health benefit plan sponsored by a professional
employer organization under Chapter 91, Labor Code.
(d) Notwithstanding
Section 22.409, Business Organizations Code, or any other law, this
subchapter applies to health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business Organizations Code.
(e) Notwithstanding
Section 75.104, Health and Safety Code, or any other law, this subchapter
applies to a regional or local health care program operated under that
section.
(f) Notwithstanding any
other law, a standard health benefit plan provided under Chapter 1507 must
provide the coverage required by this subchapter.
(g) Notwithstanding any
provision in Chapter 1551, 1575, 1579, or 1601 or any other law, this
subchapter applies to:
(1) a basic coverage plan
under Chapter 1551;
(2) a basic plan under
Chapter 1575;
(3) a primary care
coverage plan under Chapter 1579; and
(4) basic coverage under
Chapter 1601.
(See Sec. 1367.251(f)
above)
Sec. 1367.252.
EXCEPTION.
Sec. 1367.253. COVERAGE
REQUIRED. (a) A health benefit plan must provide coverage for the cost of
a medically necessary hearing aid or cochlear implant and related services
and supplies for a covered individual who is 18 years of age or younger.
(b) Coverage required
under this section:
(1) must include:
(A) fitting and
dispensing services and the provision of ear molds as necessary to maintain
optimal fit of hearing aids;
(B) any treatment related
to hearing aids and cochlear implants, including coverage for habilitation
and rehabilitation as necessary for educational gain; and
(C) for a cochlear
implant, an external speech processor and controller with necessary
components replacement every three years; and
(2) is limited to:
(A) one hearing aid in
each ear every three years; and
(B) one cochlear implant
in each ear with internal replacement as medically or audiologically
necessary.
(c) Except as provided by
Subsection (b), coverage required under this section:
(1) may not be less
favorable than coverage for physical illness generally under the plan; and
(2) must be subject to
durational limits and coinsurance factors no less favorable than coverage
provided for physical illness generally under the plan.
(d) This section does not
apply to a qualified health plan defined by 45 C.F.R. Section 155.20 if a
determination is made under 45 C.F.R. Section 155.170 that:
(1) this subchapter
requires the plan to offer benefits in addition to the essential health
benefits required under 42 U.S.C. Section 18022(b); and
(2) this state must make
payments to defray the cost of the additional benefits mandated by this
subchapter.
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