Oregon Statutes 743A.141 – Hearing aids and assistive listening devices
(1) As used in this section:
Terms Used In Oregon Statutes 743A.141
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(a) ‘Assistive listening device’ means devices used with or without hearing aids or cochlear implants to provide access to sound or improve the ability of a user with hearing loss to hear in various listening situations, such as being located a distance from a speaker, in an environment with competing background noise or in a room with poor acoustics or reverberation.
(b) ‘Hearing aid’ means any nondisposable, wearable instrument or device designed to aid or compensate for impaired human hearing and any necessary ear mold, part, attachments or accessory for the instrument or device, except batteries and cords.
(2) A health benefit plan, as defined in ORS § 743B.005, shall provide payment, coverage or reimbursement for:
(a) One hearing aid per hearing impaired ear if:
(A) Prescribed, fitted and dispensed by a licensed audiologist with the approval of a licensed physician; and
(B) Medically necessary for the treatment of hearing loss in an enrollee in the plan who is:
(i) 18 years of age or younger; or
(ii) 19 to 25 years of age and enrolled in a secondary school or an accredited educational institution.
(b) Ear molds and replacement ear molds:
(A) As medically necessary and at least four times per plan year for enrollees who are younger than eight years of age; and
(B) As medically necessary and at least once per year for enrollees who are:
(i) Eight to 18 years of age; or
(ii) 19 to 25 years of age and enrolled in a secondary school or an accredited educational institution.
(c) One box of replacement batteries per year for each hearing aid.
(d) Necessary diagnostic and treatment services at least twice per year for enrollees who are younger than four years of age and at least once per year for enrollees who are four years of age or older, including:
(A) Hearing tests appropriate for an enrollee’s age or developmental need;
(B) Hearing aid checks and conformity evaluations; and
(C) Aided testing.
(e) Bone conduction sound processors, if necessary for appropriate amplification of the hearing loss.
(f) Assistive listening devices for an enrollee who is younger than 19 years of age, if necessary to provide access to sound and provide appropriate amplification of the hearing loss.
(g) Other components required for a hearing device to function properly and effectively, including but not limited to:
(A) Bone-conducting sound processor headbands; and
(B) Prosthetic device parts.
(h) The cost of repair or replacement parts for a hearing aid or other assistive listening device if the repair or parts are not covered by a warranty and are necessary for the device to be functional for the user, regardless of the age of the user.
(3) An insurer may not impose any financial or contractual penalty upon an audiologist if an enrollee elects to purchase a hearing aid or other device priced higher than the benefit amount by paying the difference between the benefit amount and the price of the hearing aid or other device.
(4) A health benefit plan shall provide the benefits described in subsection (2)(a), (e) and (f) of this section:
(a) Every 36 months; or
(b) For hearing aids, more frequently than every 36 months if modifications to an existing hearing aid will not meet the needs of an enrollee who is:
(A) Under 19 years of age; or
(B) 19 to 25 years of age and enrolled in a secondary school or an accredited educational institution.
(5) An insurer must contract with pediatric audiologists in sufficient numbers and geographic locations in this state to comply with ORS § 743B.202 and 743B.505.
(6) Insurance producers shall ensure that enrollees have access to navigators or other assisters to facilitate the diagnosis of hearing loss and needed amplification and ensure that technologies are available to treat hearing loss in enrollees who are 19 years of age or younger. Upon receiving a claim for reimbursement for the diagnosis of hearing loss, an insurer shall provide notice of the coverage limits to the enrollee or to the parent or legal guardian of the enrollee. With respect to enrollees with hearing loss who are younger than 19 years of age, an insurer shall provide educational materials to the parent or legal guardian of the enrollee and shall have a process in place to ensure that appropriate technologies are available.
(7) The payment, coverage or reimbursement required under this section may be subject to provisions of the health benefit plan that apply to other durable medical equipment benefits covered by the plan, including but not limited to provisions relating to coinsurance and prior authorization, but may not be subject to deductibles except as provided in ORS § 742.008.
(8) A health benefit plan shall reimburse the costs described in this section when prescribed by a licensed health professional even if over-the-counter items and services are available without a prescription.
(9) This section is exempt from ORS § 743A.001. [2009 c.553 § 2; 2011 c.500 § 42a; 2015 c.515 § 26; 2018 c.9 § 2; 2023 c.424 § 4]
743A.141 was added to and made a part of the Insurance Code by legislative action but was not added to ORS Chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.
[2007 c.374 § 2; 2016 c.11 § 4; repealed by 2017 c.206 § 16]