§1038. Hearing aid coverage

            A. As used in this Section, "hearing aid" shall mean a nondisposable device that is of a design and circuitry to optimize audibility and listening skills.

            B. This Section shall apply to the following entities:

            (1) Insurers and nonprofit health service plans, including the Office of Group Benefits, that provide hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in this state.

            (2) Health maintenance organizations as defined and licensed pursuant to Subpart I of Part I of Chapter 2 of this Title that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in this state.

            C.(1) Notwithstanding the provisions of R.S. 22:1047 to the contrary, an entity subject to this Section shall provide coverage for hearing aids for a child under the age of eighteen who is covered under a policy or contract of insurance if the hearing aids are fitted and dispensed by a licensed audiologist or licensed hearing aid specialist following medical clearance by a physician licensed to practice medicine and an audiological evaluation medically appropriate to the age of the child.

            (2)(a) An entity subject to this Section may limit the benefit payable under Paragraph (1) of this Subsection to one thousand and four hundred dollars per hearing aid for each ear with hearing loss every thirty-six months.

            (b) An insured or enrolled individual may choose a hearing aid that is priced higher than the benefit payable under this Subsection and may pay the difference between the price of the hearing aid and the benefit payable under this Subsection without financial or contractual penalty to the provider of the hearing aid.

            (c) In the case of a health insurer or health maintenance organization that administers benefits according to contracts with health care providers, hearing aids covered pursuant to this Section shall be obtained from health care providers contracted with the health insurer or health maintenance organization. Such providers shall be subject to the same contracting and credentialing requirements that apply to other contracted health care providers.

            D. This Section does not prohibit an entity subject to the provisions of this Section from providing coverage that is greater or more favorable to an insured or enrolled individual than the coverage required under this Section.

            E. The provisions of this Section shall apply to any new policy, contract, program, or plan issued by an entity subject to the provisions of this Section on or after January 1, 2004. Any such policy, contract, program, or plan in effect prior to January 1, 2004, shall convert to the provisions of this Section on or before the renewal date but in no event later than January 1, 2005. Any policy affected by the provisions of this Section shall apply to an insured or participant under such policy, contract, program, or plan whether or not the hearing loss is a pre-existing condition of the insured or participant.

            F. The provisions of this Section shall not apply to limited benefit health insurance policies or contracts.

            G.(1) Any entity subject to the provisions of this Section that also provides coverage of hearing aids to individuals aged eighteen and over shall be subject to the provisions of this Subsection. Each entity to which this Subsection applies shall allow any covered individual seeking coverage of a covered hearing aid the option to choose a hearing aid priced higher than the benefit payable under the applicable policy, contract, program, or plan. The amount payable by the entity shall be in accordance with that policy, contract, program, or plan. Any additional amounts payable to the hearing aid provider shall be paid by the covered individual.

            (2) The provisions of this Subsection shall apply to any new policy, contract, program, or plan issued by an entity subject to the provisions of this Subsection on or after January 1, 2019. Any such policy, contract, program, or plan in effect prior to January 1, 2019, shall convert to the provisions of this Subsection on or before the renewal date but in no event later than January 1, 2020, but hearing aid providers may offer the option described in this Subsection on or after January 1, 2019.

            Acts 2003, No. 816, §1; Redesignated from R.S. 22:215.25 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 919, §1, eff. Jan. 1, 2011; Acts 2017, No. 146, §5; Acts 2018, No. 151, §1.