                                 CODE OF VIRGINIA

COVERAGE FOR HEARING AIDS AND RELATED SERVICES (§ 38.2-3418.21)

A. As used in this section:
			&#8220;Hearing aid&#8221; means any wearable, nondisposable instrument or
device designed or offered to aid or compensate for impaired human hearing and
any parts, attachments, or accessories, including earmolds, but excluding
batteries and cords. Hearing aids are not to be considered durable medical
equipment.
			&#8220;Related services&#8221; includes earmolds, initial batteries, and
other necessary equipment, maintenance, and adaptation training.

B. Notwithstanding the provisions of &#xA7; 38.2-3419, subdivision A 1 of &#xA7;
38.2-6506, or any other provision of law, each insurer proposing to issue
individual or group accident and sickness insurance policies providing hospital,
medical and surgical, or major medical coverage on an expense-incurred basis;
each corporation providing individual or group accident and sickness
subscription contracts; and each health maintenance organization providing a
health care plan for health care services shall provide coverage for hearing
aids and related services for children 18 years of age or younger under any
policy, contract, or plan delivered, issued for delivery, or renewed in the
Commonwealth. The coverage shall include payment of the cost of one hearing aid
per hearing-impaired ear every 24 months, up to $1,500 per hearing aid. The
insured may choose a higher-priced hearing aid and may pay the difference in
cost above $1,500, with no financial or contractual penalty to the insured or to
the provider of the hearing aid.

C. No insurer, corporation, or health maintenance organization shall impose upon
any person receiving benefits pursuant to this section any copayment or fee, and
no condition may be applied to the person that is not equally imposed upon all
individuals in the same benefit category.

D. Coverage shall be available under this section only for services and
equipment recommended by an otolaryngologist. Such recommended services and
equipment may be provided or dispensed by an otolaryngologist, licensed
audiologist, or licensed hearing aid specialist.

E. The provisions of this section shall apply to any policy, contract, or plan
delivered, issued for delivery, or renewed in the Commonwealth on and after
January 1, 2024.

F. The provisions of this section shall not apply to short-term travel,
accident-only, limited or specified disease policies, or contracts designed for
issuance to persons eligible for coverage under Title XVIII of the Social
Security Act, known as Medicare, or any other similar coverage under state or
federal governmental plans or to short-term nonrenewable policies of not more
than six months&#8217; duration.

G. The Commission shall not use any special fund revenues dedicated to its other
functions and duties, including revenues from utility consumer taxes or fees
from licensees regulated by the Commission or fees paid to the office of the
clerk of the Commission, to fund the defrayal of costs for the coverage provided
pursuant to subsection B as required by 42 U.S.C. &#xA7; 18031 or any successor
provision. The Commission shall not pay any funds beyond the moneys appropriated
for the defrayal of costs related to such coverage. Appropriated funds remaining
at year end shall not revert to the general fund but shall remain with the
Commission for defrayal of costs related to this coverage.

HISTORY: 2023, c. 473.