[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4532 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4532

 To amend title XXVII of the Public Health Service Act and the Patient 
   Protection and Affordable Care Act to require coverage of hearing 
devices and systems in certain private health insurance plans, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2020

Mrs. Capito (for herself and Ms. Warren) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend title XXVII of the Public Health Service Act and the Patient 
   Protection and Affordable Care Act to require coverage of hearing 
devices and systems in certain private health insurance plans, and for 
                            other purposes.

    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 ``Ally's Act''.

SEC. 2. COVERAGE OF HEARING DEVICES AND SYSTEMS IN CERTAIN PRIVATE 
              HEALTH INSURANCE PLANS.

    (a) In General.--Part A of the Public Health Service Act (42 U.S.C. 
300gg et seq.) is amended by inserting after section 2713 the following 
new section:

``SEC. 2713A. COVERAGE OF HEARING DEVICES AND SYSTEMS.

    ``(a) In General.--Beginning with plan years beginning on or after 
January 1, 2021, a group health plan and a health insurance issuer 
offering group or individual health insurance coverage shall, at a 
minimum provide coverage for and may impose cost-sharing requirements 
in accordance with subsection (b) for an individual that a physician 
(as defined in section 1861(r) of the Social Security Act) or qualified 
audiologist (as defined in section 1861(ll)(4)(B) of such Act) 
determines meets an indication (including unilateral or bilateral 
hearing loss) for an auditory device as approved by the Food and Drug 
Administration for--
            ``(1) auditory implant devices (including auditory 
        osseointegrated (bone conduction) implants and cochlear 
        implants) and external sound processors;
            ``(2) the maintenance of auditory implant devices and 
        external sound processors described in paragraph (1);
            ``(3) every 5 years, the upgrade (or replacement if an 
        upgrade is not available) of auditory implant devices and 
        external sound processors described in paragraph (1);
            ``(4) adhesive adapters and softband headbands;
            ``(5) the repair of auditory implant devices and external 
        sound processors described in paragraph (1);
            ``(6) a comprehensive hearing assessment;
            ``(7) a preoperative medical assessment;
            ``(8) surgery (as appropriate);
            ``(9) postoperative medical appointments for purposes of 
        ensuring appropriate recovery from surgery;
            ``(10) postoperative audiological appointments for 
        activation and fitting of the implant device and external sound 
        processor; and
            ``(11) aural rehabilitation and treatment services (as 
        appropriate).
    ``(b) Cost-Sharing.--Beginning with plan years beginning on or 
after January 1, 2021, the cost-sharing incurred under a plan or 
coverage described in subsection (a)--
            ``(1) for an auditory implant device and external sound 
        processors under this section, shall not exceed a dollar amount 
        that is the highest cost-sharing requirement for the amount of 
        the charges imposed for such device that is provided by a 
        physician or qualified audiologist that has a contractual 
        relationship with such plan or coverage for the providing of 
        such device;
            ``(2) for an item or service under this section, shall not 
        exceed a dollar amount that is imposed for similar items and 
        services under that plan that are provided by a physician or 
        qualified audiologist; and
            ``(3) that has a contractual relationship with such plan or 
        coverage for the providing of such items and services.''.
    (b) Application to Grandfathered Health Plans.--Section 
1251(a)(4)(A) of the Patient Protection and Affordable Care Act (42 
U.S.C. 18011(a)(4)(A)) is amended--
            (1) by striking ``title'' and inserting ``title, or as 
        added after the date of the enactment of this Act)''; and
            (2) by adding at the end the following new clause:
                            ``(v) Section 2713A (relating to hearing 
                        devices and systems).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 2021.
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