Health insurance; mandated coverage for hearing aids for minors and services.
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SB 423 — Health insurance; mandated coverage for hearing aids for minors and services.
Last action — Approved by Governor-Chapter 1094 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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18 sponsors
1 primary, 17 co-sponsors signed on.
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Mixed recorded votes
12 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when an otolaryngologist recommends such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.
Bill Text
What changed in the latest version
7 added · 209 removedPlain-language change summary
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to health insurance coverage for hearing aids for children 18 years of age or younger.
[S 423] Approved Be it enacted by the General Assembly of Virginia:
1.
That § 38.2-4319 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 38.2-3418.18 as follows:
§ 38.2-3418.18.
Coverage for hearing aids and related services.
A.
As used in this section:
"Hearing aid" means any wearable, nondisposable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords.
Hearing aids are not to be considered durable medical equipment.
"Related services" includes earmolds, initial batteries, and other necessary equipment, maintenance, and adaptation training.
B.
Notwithstanding the provisions of § 38.2-3419, each insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis;
each corporation providing individual or group accident and sickness subscription contracts;
and each health maintenance organization providing a health care plan for health care services shall provide coverage for hearing aids and related services for children 18 years of age or younger under any policy, contract, or plan delivered, issued for delivery, or renewed in the Commonwealth.
The coverage shall include payment of the cost of one hearing aid per hearing-impaired ear every 24 months, up to $1,500 per hearing aid.
The insured may choose a higher-priced hearing aid and may pay the difference in cost above $1,500, with no financial or contractual penalty to the insured or to the provider of the hearing aid.
C.
No insurer, corporation, or health maintenance organization shall impose upon any person receiving benefits pursuant to this section any copayment or fee, and no condition may be applied to the person that is not equally imposed upon all individuals in the same benefit category.
D.
Coverage shall be available under this section only for services and equipment recommended by an otolaryngologist.
Such recommended services and equipment may be provided or dispensed by an otolaryngologist, licensed audiologist, or licensed hearing aid specialist.
E.
The provisions of this section shall apply to any policy, contract, or plan delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2021.
F.
The provisions of this section shall not apply to short-term travel, accident-only, limited or specified disease policies, or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under state or federal governmental plans or to short-term nonrenewable policies of not more than six months' duration.
§ 38.2-4319.
Statutory construction and relationship to other laws.
A.
No provisions of this title except this chapter and, insofar as they are not inconsistent with this chapter, §§ 38.2-100, 38.2-136, 38.2-200, 38.2-203, 38.2-209 through 38.2-213, 38.2-216, 38.2-218 through 38.2-225, 38.2-229, 38.2-232, 38.2-305, 38.2-316, 38.2-316.1, 38.2-322, 38.2-325, 38.2-326, 38.2-400, 38.2-402 through 38.2-413, 38.2-500 through 38.2-515, 38.2-600 through 38.2-620, Chapter 9 (§ 38.2-900 et seq.), §§ 38.2-1016.1 through 38.2-1023, 38.2-1057, 38.2-1306.1, Article 2 (§ 38.2-1306.2 et seq.), § 38.2-1315.1, Articles 3.1 (§ 38.2-1316.1 et seq.), 4 (§ 38.2-1317 et seq.), 5 (§ 38.2-1322 et seq.), 5.1 (§ 38.2-1334.3 et seq.), and 5.2 (§ 38.2-1334.11 et seq.) of Chapter 13, Articles 1 (§ 38.2-1400 et seq.), 2 (§ 38.2-1412 et seq.), and 4 (§ 38.2-1446 et seq.) of Chapter 14, Chapter 15 (§ 38.2-1500 et seq.), Chapter 17 (§ 38.2-1700 et seq.), §§ 38.2-1800 through 38.2-1836, 38.2-3401, 38.2-3405, 38.2-3405.1, 38.2-3406.1, 38.2-3407.2 through 38.2-3407.6:1, 38.2-3407.9 through 38.2-3407.20, 38.2-3411, 38.2-3411.2, 38.2-3411.3, 38.2-3411.4, 38.2-3412.1, 38.2-3414.1, 38.2-3418.1 through 38.2-3418.17 38.2-3418.18, 38.2-3419.1, 38.2-3430.1 through 38.2-3454, Article 8 (§ 38.2-3461 et seq.) of Chapter 34, 38.2-3500, subdivision 13 of § 38.2-3503, subdivision 8 of § 38.2-3504, §§ 38.2-3514.1, 38.2-3514.2, 38.2-3522.1 through 38.2-3523.4, 38.2-3525, 38.2-3540.1, 38.2-3540.2, 38.2-3541.2, 38.2-3542, 38.2-3543.2, Article 5 (§ 38.2-3551 et seq.) of Chapter 35, Chapter 35.1 (§ 38.2-3556 et seq.), Chapter 52 (§ 38.2-5200 et seq.), Chapter 55 (§ 38.2-5500 et seq.), and Chapter 58 (§ 38.2-5800 et seq.) shall be applicable to any health maintenance organization granted a license under this chapter.
This chapter shall not apply to an insurer or health services plan licensed and regulated in conformance with the insurance laws or Chapter 42 (§ 38.2-4200 et seq.) except with respect to the activities of its health maintenance organization.
B.
For plans administered by the Department of Medical Assistance Services that provide benefits pursuant to Title XIX or Title XXI of the Social Security Act, as amended, no provisions of this title except this chapter and, insofar as they are not inconsistent with this chapter, §§ 38.2-100, 38.2-136, 38.2-200, 38.2-203, 38.2-209 through 38.2-213, 38.2-216, 38.2-218 through 38.2-225, 38.2-229, 38.2-232, 38.2-322, 38.2-325, 38.2-400, 38.2-402 through 38.2-413, 38.2-500 through 38.2-515, 38.2-600 through 38.2-620, Chapter 9 (§ 38.2-900 et seq.), §§ 38.2-1016.1 through 38.2-1023, 38.2-1057, 38.2-1306.1, Article 2 (§ 38.2-1306.2 et seq.), § 38.2-1315.1, Articles 3.1 (§ 38.2-1316.1 et seq.), 4 (§ 38.2-1317 et seq.), 5 (§ 38.2-1322 et seq.), 5.1 (§ 38.2-1334.3 et seq.), and 5.2 (§ 38.2-1334.11 et seq.) of Chapter 13, Articles 1 (§ 38.2-1400 et seq.), 2 (§ 38.2-1412 et seq.), and 4 (§ 38.2-1446 et seq.) of Chapter 14, §§ 38.2-3401, 38.2-3405, 38.2-3407.2 through 38.2-3407.5, 38.2-3407.6, 38.2-3407.6:1, 38.2-3407.9, 38.2-3407.9:01, and 38.2-3407.9:02, subdivisions F 1, F 2, and F 3 of § 38.2-3407.10, §§ 38.2-3407.11, 38.2-3407.11:3, 38.2-3407.13, 38.2-3407.13:1, 38.2-3407.14, 38.2-3411.2, 38.2-3418.1, 38.2-3418.2, 38.2-3419.1, 38.2-3430.1 through 38.2-3437, 38.2-3500, subdivision 13 of § 38.2-3503, subdivision 8 of § 38.2-3504, §§ 38.2-3514.1, 38.2-3514.2, 38.2-3522.1 through 38.2-3523.4, 38.2-3525, 38.2-3540.1, 38.2-3540.2, 38.2-3541.2, 38.2-3542, 38.2-3543.2, Chapter 52 (§ 38.2-5200 et seq.), Chapter 55 (§ 38.2-5500 et seq.), and Chapter 58 (§ 38.2-5800 et seq.) shall be applicable to any health maintenance organization granted a license under this chapter.
This chapter shall not apply to an insurer or health services plan licensed and regulated in conformance with the insurance laws or Chapter 42 (§ 38.2-4200 et seq.) except with respect to the activities of its health maintenance organization.
Show all 49 changed lines (9 more)
C.
Solicitation of enrollees by a licensed health maintenance organization or by its representatives shall not be construed to violate any provisions of law relating to solicitation or advertising by health professionals.
D.
A licensed health maintenance organization shall not be deemed to be engaged in the unlawful practice of medicine.
All health care providers associated with a health maintenance organization shall be subject to all provisions of law.
E.
Notwithstanding the definition of an eligible employee as set forth in § 38.2-3431, a health maintenance organization providing health care plans pursuant to § 38.2-3431 shall not be required to offer coverage to or accept applications from an employee who does not reside within the health maintenance organization's service area.
F.
For purposes of applying this section, "insurer" when used in a section cited in subsections A and B shall be construed to mean and include "health maintenance organizations" unless the section cited clearly applies to health maintenance organizations without such construction.
Show all 49 changed rows (9 more)
View plain text versions (4)
- Acts of Assembly Chapter text (CHAP1094) View text Current html April 10, 2020
- Bill text as passed Senate and House (SB423ER) View text html March 18, 2020
- Amended Engrossed by Senate as amended SB423E html January 30, 2020
- Impact statement from SCC (SB423) View text html January 07, 2020
Action History
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Approved by Governor-Chapter 1094 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 20, 2020
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Impact statement from SCC (SB423ER)
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Adoption (91-Y 2-N)
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Conference report agreed to by House (91-Y 2-N)
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Conference report agreed to by Senate (38-Y 0-N)
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (39-Y 0-N)
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House requested conference committee
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House insisted on amendments
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House amendments rejected by Senate (0-Y 39-N)
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VOTE: Passage #2 (97-Y 2-N)
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Passed House with amendments (97-Y 2-N)
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Reconsideration of House passage agreed to by House
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VOTE: Passage (95-Y 1-N)
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Passed House with amendments (95-Y 1-N)
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Engrossed by House as amended
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Read third time
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Passed by for the day
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Committee amendments agreed to
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Read third time
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Read second time
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Reported from Appropriations with amendments (21-Y 0-N)
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House committee, floor amendments and substitutes offered
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Impact statement from SCC (SB423E)
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Referred to Committee on Appropriations
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Reported from Labor and Commerce (22-Y 0-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting (7-Y 1-N)
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Assigned L & C sub: Subcommittee #2
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Referred to Committee on Labor and Commerce
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Printed as engrossed 20102201D-E
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Engrossed by Senate as amended SB423E
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Committee amendment agreed to
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Reading of amendment waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (15-Y 0-N)
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Impact statement from SCC (SB423)
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Rereferred to Finance and Appropriations
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Reported from Commerce and Labor with amendment (15-Y 0-N)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/08/20 20102201D
Sponsors
- Bill DeSteph · Primary
- Jennifer B. Boysko · Cosponsor
- L. Louise Lucas · Cosponsor
- David W. Marsden · Cosponsor
- Joseph D. Morrissey · Cosponsor
- Sr. Lionell Spruill · Cosponsor
- Scott A. Surovell · Cosponsor
- Joshua G. Cole · Cosponsor
- Adam P. Ebbin · Cosponsor
- John J. Bell · Cosponsor
- Jill Holtzman Vogel · Cosponsor
- Kenneth R. Plum · Cosponsor
- Norment, Thomas K., Jr. · Cosponsor
- T. Montgomery "Monty" Mason · Cosponsor
- Jennifer A. Kiggans · Cosponsor
- John S. Edwards · Cosponsor
- Cosgrove, John A., Jr. · Cosponsor
- Amanda F. Chase · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 17 co-sponsors · 130 not signed on · 24 voted No
Sponsors (1)
- Bill DeSteph Voted No
Co-sponsors (17)
- Jennifer B. Boysko Voted No
- L. Louise Lucas Voted No
- David W. Marsden Voted No
- Joseph D. Morrissey
- Lionell Spruill, Sr.
- Scott A. Surovell Voted No
- Joshua G. Cole
- Adam P. Ebbin
- Bell, John J. Voted No
- Vogel, Jill Holtzman Voted No
- Plum, Kenneth R.
- Norment, Thomas K., Jr. Voted No
- Mason, T. Montgomery "Monty" Voted No
- Kiggans, Jennifer A. Voted No
- Edwards, John S. Voted No
- Cosgrove, John A., Jr. Voted No
- Chase, Amanda F. Voted No
Not signed on (130)
130 members have not signed on to this bill.
Show all 130 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 90 | 2 | 0 | 7 |
| Total | 90 | 2 | 0 | 7 |
| % of votes cast | 91% | 2% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 94 | 1 | 0 | 4 |
| Total | 94 | 1 | 0 | 4 |
| % of votes cast | 95% | 1% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 39 | 0 | 1 |
| Total | 0 | 39 | 0 | 1 |
| % of votes cast | 0% | 98% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 2 | 0 | 1 |
| Total | 96 | 2 | 0 | 1 |
| % of votes cast | 97% | 2% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Yea |
| Aird, Lashrecse D. | — | Not Voting |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Yea |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rush, Nick | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Ayala, Hala S. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 1 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Nay |
| Alfonso H. Lopez | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Jeion A. Ward | — | Not Voting |
| Michael J. Webert | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Howell, Janet D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Barker, George L. | — | Yea |
| Newman, Stephen D. | — | Yea |
| Edwards, John S. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Adam P. Ebbin | — | Yea |
| David W. Marsden | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| R. Creigh Deeds | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Saslaw, Richard L. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Newman, Stephen D. | — | Yea |
| Edwards, John S. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Bell, John J. | — | Yea |
| Barker, George L. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Adam P. Ebbin | — | Yea |
| David W. Marsden | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| R. Creigh Deeds | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 423 do?
- Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when an otolaryngologist recommends such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.
- Who sponsors SB 423?
- SB 423 is sponsored by Bill DeSteph, Jennifer B. Boysko, L. Louise Lucas, David W. Marsden, Joseph D. Morrissey, Lionell Spruill, Sr., Scott A. Surovell, Joshua G. Cole, Adam P. Ebbin, Bell, John J., Vogel, Jill Holtzman, Plum, Kenneth R., Norment, Thomas K., Jr., Mason, T. Montgomery "Monty", Kiggans, Jennifer A., Edwards, John S., Cosgrove, John A., Jr., and Chase, Amanda F..
- What is the current status of SB 423?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track SB 423?
- Track SB 423 free on One Click Politics — get push/email alerts when it moves.
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