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 subse-
quently 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 in-
surance.
Be it enacted by the Senate and House of Representa-
tives 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 PRO-
GRAM. 
Section 8904 of title 5, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) Each health benefits plan under this chapter 
shall include coverage for the provision of at least 2 hear-
ing 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 IN-
SURANCE PLANS. 
(a) ERISA.—
(1) IN GENERAL.—Subpart B of part 7 of sub-
title 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 con-
nection 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 indi-
vidual.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1 of such Act is amended by insert-
ing after the item relating to section 713 the fol-
lowing 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 amend-
ed by inserting after section 2752 the following new sec-
tion: 
‘‘The provisions of section 714 of the Employee Re-
tirement 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 in-
surance 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 cov-
erage furnished in plan years beginning more than 60 days 
after the date of the enactment of this Act.
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