I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Helping America Hear 

5 Act of 2004’’. 
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1 SEC. 2. COVERAGE OF HEARING AIDS UNDER FEHBP PRO2 GRAM. 

3 Section 8904 of title 5, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(c) Each health benefits plan under this chapter 

7 shall include coverage for the provision of at least 2 hear8 ing aids every 3 years, except that this subsection shall 

9 not be construed as requiring the payment under such 

10 plan in any 3-year period of more than $2,000 on hearing 

11 aids with respect to any individual.’’. 

12 SEC. 3. COVERAGE OF HEARING AIDS UNDER PRIVATE IN13 SURANCE PLANS. 

14 (a) ERISA.—

15 (1) IN GENERAL.—Subpart B of part 7 of sub16 title B of title I of the Employee Retirement Income 

17 Security Act of 1974 is amended by adding at the 

18 end the following new section: 

19 ‘‘SEC. 714. REQUIRING COVERAGE OF HEARING AIDS. 

20 ‘‘If a group health plan provides benefits with respect 

21 to hospital and surgical expenses, the plan (and any health 

22 insurance issuer offering health insurance coverage in con23 nection with such a plan) shall provide coverage for the 

24 provision of at least 2 hearing aids every 3 years, except 

25 that this section shall not be construed as requiring the 

26 payment under such plan in any 3-year period of more 
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1 than $2,000 on hearing aids with respect to any indi2 vidual.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in section 1 of such Act is amended by insert5 ing after the item relating to section 713 the fol6 lowing new item:

‘‘Sec. 714. Requiring coverage of hearing aids.’’.

7 (b) INDIVIDUAL HEALTH INSURANCE.—(1) Part B 

8 of title XXVII of the Public Health Service Act is amend9 ed by inserting after section 2752 the following new sec10 tion: 

11 ‘‘The provisions of section 714 of the Employee Re12 tirement Income Security Act of 1974 2706 shall apply 

13 to health insurance coverage offered by a health insurance 

14 issuer in the individual market in the same manner as they 

15 apply to health insurance coverage offered by a health in16 surance issuer in connection with a group health plan in 

17 the small or large group market.’’. 

18 SEC. 4. EFFECTIVE DATE. 

19 The amendments made by this Act shall apply to cov20 erage furnished in plan years beginning more than 60 days 

21 after the date of the enactment of this Act.

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