CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1222
Chapter 245, Laws of 2023
68TH LEGISLATURE
2023 REGULAR SESSION
HEARING INSTRUMENTS—GROUP HEALTH PLAN COVERAGE
EFFECTIVE DATE: July 23, 2023
Passed by the House April 13, 2023
  Yeas 88  Nays 8
LAURIE JINKINS

Speaker of the House of Representatives
Passed by the Senate March 31, 2023
  Yeas 48  Nays 0
DENNY HECK

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1222 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN

Chief Clerk
Chief Clerk
Approved May 4, 2023 10:15 AM
FILED
May 4, 2023
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

ENGROSSED SUBSTITUTE HOUSE BILL 1222

AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington
68th Legislature
2023 Regular Session
ByHouse Health Care & Wellness (originally sponsored by Representatives Orwall, Simmons, Reeves, Reed, Leavitt, Kloba, Farivar, Doglio, Morgan, Slatter, Ramel, Goodman, Callan, Fosse, Pollet, Lekanoff, and Macri)
READ FIRST TIME 01/30/23.
AN ACT Relating to requiring coverage for hearing instruments; amending RCW 41.05.830; adding a new section to chapter 48.43 RCW; adding a new section to chapter 41.05 RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. A new section is added to chapter 48.43 RCW to read as follows:
(1) For nongrandfathered group health plans other than small group health plans issued or renewed on or after January 1, 2024, a health carrier shall include coverage for hearing instruments, including bone conduction hearing devices. This section does not include coverage of over-the-counter hearing instruments.
(2) Coverage shall also include the initial assessment, fitting, adjustment, auditory training, and ear molds as necessary to maintain optimal fit. Coverage of the services in this subsection shall include services for enrollees who intend to obtain or have already obtained any hearing instrument, including an over-the-counter hearing instrument.
(3) A health carrier shall provide coverage for hearing instruments as provided in subsection (1) of this section at no less than $3,000 per ear with hearing loss every 36 months.
(4) The services and hearing instruments covered under this section are not subject to the enrollee's deductible unless the health plan is offered as a qualifying health plan for a health savings account. For such a qualifying health plan, the carrier may apply a deductible to coverage of the services covered under this section only at the minimum level necessary to preserve the enrollee's ability to claim tax exempt contributions and withdrawals from the enrollee's health savings account under internal revenue service laws and regulations.
(5) Coverage for a minor under 18 years of age shall be available under this section only after the minor has received medical clearance within the preceding six months from:
(a) An otolaryngologist for an initial evaluation of hearing loss; or
(b) A licensed physician, which indicates there has not been a substantial change in clinical status since the initial evaluation by an otolaryngologist.
(6) For the purposes of this section:
(a) "Hearing instrument" has the same meaning as defined in RCW 18.35.010.
(b) "Over-the-counter hearing instrument" has the same meaning as "over-the-counter hearing aid" in 21 C.F.R. Sec. 800.30 as of December 28, 2022.
Sec. 2. RCW 41.05.830 and 2018 c 159 s 1 are each amended to read as follows:
(1) Subject to appropriation, a health plan offered to employees and their covered dependents under this chapter issued or renewed on or after January 1, 2019, must include coverage for hearing instruments. Coverage must include a new hearing instrument every five years and services and supplies such as the initial assessment, fitting, adjustment, and auditory training.
(2) The hearing instrument must be recommended by a licensed audiologist, hearing aid specialist, or a licensed physician or osteopathic physician who specializes in otolaryngology and dispensed by a licensed audiologist, hearing aid specialist, or a licensed physician or osteopathic physician who specializes in otolaryngology.
(3) For the purposes of this section, "hearing instrument" and "hearing aid specialist" have the same meaning as defined in RCW 18.35.010.
(4) This section expires December 31, 2023.
NEW SECTION.  Sec. 3. A new section is added to chapter 41.05 RCW to read as follows:
A health plan offered to public employees and their covered dependents under this chapter issued or renewed on or after January 1, 2024, is subject to section 1 of this act.
Passed by the House April 13, 2023.
Passed by the Senate March 31, 2023.
Approved by the Governor May 4, 2023.
Filed in Office of Secretary of State May 4, 2023.
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