Act 1179 of 2009 - Mandatory Offering for Coverage of Hearing Aids
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Arkansas Insurance Department Bulletins and Directives › Act 1179 of 2009 - Mandatory Offering for Coverage of Hearing Aids
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Arkansas Insurance Department
Mike Beebe
Jay Bradford
Governor
Commissioner
BULLETIN NO.
7A - 2009
TO: ALL LICENSED INSURERS, HEALTH MAINTENANCE
ORGANIZATIONS (HMOs), FRATERNAL BENEFIT SOCIETIES,
FARMERS’ MUTUAL AID ASSOCIATIONS OR COMPANIES,
HOSPITAL MEDICAL SERVICE CORPORATIONS, NATIONAL
ASSOCIATION OF INSURANCE COMMISSIONERS, PRODUCER
AND COMPANY TRADE ASSOCIATIONS, AND OTHER
INTERESTED PARTIES.
FROM: ARKANSAS INSURANCE DEPARTMENT
SUBJECT: ACT 1179 OF 2009- MANDATORY OFFERING FOR
COVERAGE OF HEARING AIDS
EFFECTIVE DATE: JANUARY 1, 2010
DATE: November 18, 2009
Bulletin 7A-2009 replaces Bulletin 7-2009 in its entirety.
The Department is issuing this Bulletin to advise all insurance companies and other interested
parties of the requirements set forth in Act 1179 of 2009. This Act requires all individual and
group policies and certificates offered, issued or renewed in Arkansas on or after January 1,
2010, to offer coverage for hearing aids.
The minimum amount of coverage that must be offered cannot be less than one thousand, four
hundred dollars ($1,400) per ear for each three-year period. The benefit for hearing aids cannot
be subject to any deductibles or copayment requirements. However, the benefit may be subject
to co-insurance provisions. The hearing aid must be dispensed by an individual properly
licensed by the State of Arkansas.
This Act will apply to all insurance companies offering, issuing or renewing individual or group
policies or certificates in Arkansas
iod. The benefit for hearing aids cannot
be subject to any deductibles or copayment requirements. However, the benefit may be subject
to co-insurance provisions. The hearing aid must be dispensed by an individual properly
licensed by the State of Arkansas.
This Act will apply to all insurance companies offering, issuing or renewing individual or group
policies or certificates in Arkansas. This Act does not apply to hospital medical service
corporations or health maintenance organizations. In addition, this Act is not applicable to
Medicare supplement policies and certificates, individual limited benefit policies, qualified high
deductible health plans, and long-term care policies and certificates. In regards to individual
major medical policies, the mandatory offering will only apply to policies offered and sold after
January 1, 2010.
1200 West Third Street, Little Rock, AR 72201-1904 · (501) 371-2600 · (501) 371-2618 fax · www.insurance.arkansas.gov
Information (800) 282-9134 · Consumer Services (800) 852-5494 · Seniors (800) 224-6330 · Criminal Inv. (866) 660-0888
Though the Act specifically requires offering coverage for hearing aids only, the Commissioner
understands the need for additional services and accessories related to the purchase and use of a
hearing aid. Insurers at their option may include as a covered benefit these additional services
and accessories. Any benefits paid for these services and accessories may be included in the
maximum amount payable under the hearing aid benefit.
Insurers are directed to furnish a copy of this Bulletin to their appointed producers in Arkansas.
Questions concerning this Bulletin should be directed to the Arkansas Insurance Department
Legal Division at 501-371-2820 or by e-mail to insurance.legal@arkansas.gov.
it-1 V-(9 f
=
ADFO *, COMMISS ON' R
DATE
SAS INSURANCE D PARTMENT
* ALL UNDERLINED LANGUAGE REPRESENTS THE CHANGES MADE TO THE
ORIGINAL BULLETIN.
to furnish a copy of this Bulletin to their appointed producers in Arkansas.
Questions concerning this Bulletin should be directed to the Arkansas Insurance Department
Legal Division at 501-371-2820 or by e-mail to insurance.legal@arkansas.gov.
it-1 V-(9 f
=
ADFO *, COMMISS ON' R
DATE
SAS INSURANCE D PARTMENT
* ALL UNDERLINED LANGUAGE REPRESENTS THE CHANGES MADE TO THE
ORIGINAL BULLETIN.
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 1179 of the Regular Session
State of Arkansas
As Engrossed: H3/25/09 H3/30/09
A Bill
Regular Session, 2009
HOUSE BILL 1930
By: Representative Adcock
For An Act To Be Entitled
AN ACT TO REQUIRE A HEALTH BENEFIT PLAN TO OFFER COVERAGE
FOR HEARING AIDS IN AN AMOUNT OF NOT LESS THAN ONE
THOUSAND FOUR HUNDRED DOLLARS ($1,400) PER EAR EVERY
THREE (3) YEARS; AND FOR OTHER PURPOSES.
Subtitle
TO REQUIRE A HEALTH BENEFIT PLAN TO OFFER COVERAGE
FOR HEARING AIDS IN AN AMOUNT OF NOT LESS THAN ONE
THOUSAND FOUR HUNDRED DOLLARS ($1,400) PER EAR
EVERY THREE (3) YEARS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 23, Chapter 79 is amended to
add an additional subchapter to read as follows:
23-79-1301. Definitions.
As used in this subchapter:
(1)(A) "Health benefit plan" means an individual, blanket,
or group plan, policy, or contract for health care services issued
or delivered by a health care insurer in this state.
(B) "Health benefit plan" includes:
(i) Indemnity and managed care plans; and
(ii)
Governmental plans as defined in 29
U.S.C. § 1002(32), as it existed on January 1, 2009.
87th General Assembly
As Engrossed: H3/25/09 H3/30/09
HB1930
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(C) “Health benefit plan” does not include:
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tract for health care services issued
or delivered by a health care insurer in this state.
(B) "Health benefit plan" includes:
(i) Indemnity and managed care plans; and
(ii)
Governmental plans as defined in 29
U.S.C. § 1002(32), as it existed on January 1, 2009.
87th General Assembly
As Engrossed: H3/25/09 H3/30/09
HB1930
1
(C) “Health benefit plan” does not include:
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(i) Accidental injury insurance plans;
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(ii) Dental insurance plans;
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(iii) Vision insurance plans;
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(iv) Specified disease insurance plans;
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(v) Disability income plans;
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(vi) Credit insurance plans;
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(vii) Insurance coverage issued as a supplement to
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liability insurance;
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(viii) Medical payments under automobile or
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homeowners' insurance plans;
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(ix) Health benefit plans provided under Arkansas
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Constitution, Article 5, Section 32, the Workers' Compensation Law, § 11-9-
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101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et
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seq.;
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(x) Insurance under which benefits are payable with
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or without regard to fault and the benefits that are statutorily required to
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be contained in any liability policy or equivalent self-insurance; and
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(xi) Plans that provide only indemnity for hospital
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confinement; and
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(2) “Hearing aid” means an instrument or device, including
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repair and replacement parts, that:
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(A) Is designed and offered for the purpose of aiding
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persons with or compensating for impaired hearing;
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(B) Is worn in or on the body; and
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(C) Is generally not useful to a person in the absence of a
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hearing impairment.
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23-79-1302. Coverage for hearing aids required.
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ns an instrument or device, including
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repair and replacement parts, that:
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(A) Is designed and offered for the purpose of aiding
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persons with or compensating for impaired hearing;
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(B) Is worn in or on the body; and
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(C) Is generally not useful to a person in the absence of a
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hearing impairment.
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23-79-1302. Coverage for hearing aids required.
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(a) A health benefit plan that is offered, issued, or renewed in this
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state shall offer coverage for a hearing aid or hearing instrument sold on or
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after January 1, 2010, by a professional licensed by the state to dispense a
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hearing aid or hearing instrument.
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(b) The coverage offered for hearing aids under this section:
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(1) Shall not be for less than one thousand four hundred dollars
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($1,400) per ear for each three-year period;
As Engrossed: H3/25/09 H3/30/09
HB1930
1
(2) Shall provide coverage of not less than one thousand four
2 hundred dollars ($1,400) per ear beginning on the first day of coverage; and
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(3) Is not subject to policy deductibles or copayment
4 requirements.
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23-79-1303. Rules.
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The State Insurance Department shall develop and promulgate rules for
8 the implementation and administration of this subchapter.
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/s/ Adcock
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APPROVED: 4/7/2009
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.