[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4241 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4241

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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

_______________________________________________________________________

                                 A BILL


 
 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.
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