MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Insurance
By: Senator(s) Chism, Boyd, Parker, Suber, McCaughn, McLendon, Williams, Seymour, Tate
AN ACT TO REQUIRE THAT CERTAIN INSURANCE POLICIES AND CONTRACTS SHALL PROVIDE COVERAGE FOR HEARING AIDS AND SERVICES FOR DEAF AND HEARING IMPAIRED CHILDREN UNDER 21 YEARS OF AGE; TO AMEND SECTION 25-15-7, MISSISSIPPI CODE OF 1972, TO REMOVE HEARING AIDS FROM THE LIST OF BENEFITS EXCLUDED FROM COVERAGE UNDER THE STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE PLAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) All individual and group health insurance policies providing coverage on an expense-incurred basis, individual and group service or indemnity type contracts issued by a nonprofit corporation, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements to the extent not preempted by federal law and all managed health care delivery entities of any type or description that are delivered, issued for delivery, continued or renewed on or after July 1, 2022, and providing coverage to any resident of this state shall provide benefits or coverage for hearing aids and services for deaf and hearing impaired dependent children under twenty-one (21) years of age who are covered under a policy or contract of insurance. Coverage or benefits shall be provided when the prescribing physician has issued a written order stating that the dependent child is deaf or hearing impaired and that the treatment is medically cleared. Coverage or benefits shall be provided for all the hearing examinations and tests that are administered. The coverage required under this section shall meet the requirements set forth in subsection (2) of this section.
(2) A dependent child under twenty-one (21) years of age shall not be required to pay an additional deductible or coinsurance for testing that is greater than an annual deductible or coinsurance established for similar benefits. If the program or contract does not cover a similar benefit, a deductible or coinsurance may not be set at a level that materially diminishes the value of the deaf or hearing impaired treatment required. Reimbursement to health care providers for deaf or hearing impaired treatment provided under this section shall be equal to or greater than reimbursement to health care providers provided under the Medicaid program.
(3) A group health plan or health insurance issuer is not required under this section to provide for a referral to a nonparticipating health care provider unless the plan or issuer does not have an appropriate health care provider that is available and accessible to administer the screening exam and that is a participating health care provider with respect to that treatment.
(4) If a plan or issuer refers a dependent child under twenty-one (21) years of age to a nonparticipating health care provider in accordance with this section, services provided according to the approved screening exam and resulting treatment, if any, shall be provided at no additional cost to the dependent child beyond what the dependent child would otherwise pay for services received by a participating health care provider.
SECTION 2. Section 25-15-7, Mississippi Code of 1972, is amended as follows:
25-15-7. Such health
insurance shall not include expense incurred by or on account of an individual
prior to July 1, 1972, as to him; dental care and treatment, except dental
surgery and appliances to the extent necessary for the correction of damage
caused by accidental injury while covered by the plan, or as a direct result of
disease covered by the plan; eyeglasses, * * * and examinations for the
prescription or fitting thereof; cosmetic surgery or treatment, except to the
extent necessary for correction of damage by accidental injury while covered by
the plan or as a direct result of disease covered by the plan; services
received in a hospital owned or operated by the United States government for
which no charge is made; services received for injury or sickness due to war or
any act of war, whether declared or undeclared, which war or act of war shall
have occurred after July 1, 1972; expense for which the individual is not
required to make payment; expenses to the extent of benefits provided under any
employer group plan other than this plan, in which the state participates in
the cost thereof; and such other expenses as may be excluded by regulations of
the board.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.