SRC-ARR S.B. 458 76(R) BILL ANALYSIS
Senate Research Center S.B. 458
By: Moncrief
Health Services
4/23/1999
As Filed
DIGEST
Currently, Texas law does not provide screening, tracking, and intervention
programs for possible hearing loss in newborns and infants. Hearing loss
occurs in newborns more frequently than any other health condition for
which newborn screening is currently required. Early detection in hearing
loss in children and early intervention and treatment before six months, of
age has been demonstrated to be highly effective in facilitating a child's
healthy development in a manner consistent with the child's age and
cognitive ability. S.B. 458 would create a newborn and infant hearing
screening, tracking, and intervention program.
PURPOSE
As proposed, S.B. 458 creates a newborn and infant hearing screening,
tracking, and intervention program.
RULEMAKING AUTHORITY
Rulemaking Authority is granted to the commissioner of insurance in SECTION
1 (Section 47.007, Chapter 47, Title 2B, Health and Safety Code) of this
bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2B, Health and Safety Code, by adding Chapter 47,
as follows:
CHAPTER 47. HEARING LOSS IN NEWBORNS AND INFANTS
Sec. 47.001. PURPOSES. Sets forth the purposes of this chapter.
Sec. 47.002. DEFINITIONS. Defines "birth admission," "health insurance
policy," "hearing loss," "infant," "intervention or follow-up care,"
"newborn," "parent," and "program."
Sec. 47.003. NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND
INTERVENTION PROGRAM. Requires a birthing hospital, through a newborn and
infant hearing screening, tracking, and intervention program (program)
certified by the Texas Department of Health (department), to offer the
parents of a newborn a hearing screening for the newborn for the
identification of hearing loss. Requires the screening to be offered
during the birth admission. Requires the department or its designee to
approve program protocols. Requires the department to begin its
implementation phase on September 1, 1999, for birthing hospitals with
1,000 births or more per year. Requires all birthing hospitals to offer the
hearing screening (screening) during the birth admission by April 1, 2001.
Requires the department to maintain data and information on all newborns
and infants who receive services under a program. Requires the department
to ensure that appropriate follow-up care is available to families
throughout the state, including diagnostic evaluation and referral to
intervention service programs for all newborns and infants who require
follow-up services. Provides that children identified as having hearing
loss will be managed by existing state programs, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et
seq.).
Sec. 47.004. CERTIFICATION OF BIRTHING HOSPITALS. Requires the department
or its designee to establish certification criteria that a birthing
hospital must meet in implementing a program. Provides that in order to be
certified the birthing hospital must meet certain criteria. Requires the
department to designate birthing hospitals that meet and maintain
certification criteria as qualified screening providers. Requires the
department to recertify birthing hospitals as qualified screening providers
on a periodic basis in order to assure quality services to newborns,
infants, and families.
Sec. 47.005. INFORMATION CONCERNING SCREENING RESULTS AND FOLLOWUP CARE.
Requires a birthing hospital to prepare for the parents of all newborns and
infants who are screened written information on the screening results and
the necessary steps for follow-up care.
Sec. 47.006. INSURANCE COVERAGE. Requires a health insurance policy that is
delivered, issued for delivery, renewed, extended, or modified in this
state by a health care insurer to provide coverage for an initial screening
and for necessary diagnostic follow-up care related to the screening.
Requires the policy to be deemed to be delivered in this state within the
meaning of this chapter regardless of whether the health care insurer
issuing or delivering the policy is located within or outside this state,
if the health insurance policy provides coverage or benefits to a resident
of this state. Requires benefits for a screening test and any necessary
audiological follow-up care to be subjected to copayment and coinsurance
provisions of a health insurance policy to the extent that other medical
services covered by the policy are subject to those provisions, except that
benefits for the screening test are to be exempt from deductible or
dollar-limit provisions in the health insurance policy. Requires the
exemption to be explicitly provided for in the policy. Prohibits this
section from being construed to require a health insurance policy to
include coverage for a screening test for an individual who is a resident
of this state if the individual is employed outside this state and the
individual's employer maintains a health insurance policy for the
individual as an employment benefit.
Sec. 47.007. RULES. Requires the commissioner of insurance to adopt rules
necessary for the implementation of this chapter. Authorizes the
commissioner of insurance to consult with the commissioner of health and
other appropriate entities in adopting rules under this section.
Sec. 47.008. TECHNICAL ASSISTANCE BY DEPARTMENT. Requires the department to
establish the infrastructure to provide technical assistance and
consultation to birthing hospitals with regard to preimplementation and
implementation planning, information management, ongoing program
performance, and follow-up services.
Sec. 47.009. INFORMATION MANAGEMENT, REPORTING, AND TRACKING SYSTEM.
Requires the department to provide all birthing hospitals with the
appropriate information management, reporting, and tracking software for
the program. Requires the information management, reporting, and tracking
system (system) to be capable of providing the department with information
and data necessary to plan, monitor and evaluate the program, including the
program's screening, follow-up, diagnostic, and intervention components.
Requires all qualified screening providers, hospitals, audiologists, and
intervention specialists, as specified by the department, to have access to
the system to provide certain information to the department.
Sec. 47.010. CONFIDENTIALITY AND GENERAL ACCESS TO DATA. Requires the
system required by this chapter to meet confidentiality requirements in
accordance with required state and federal privacy guidelines. Provides
that data obtained through the system are for the confidential use of the
department.
Sec. 47.011. IMMUNITY FROM LIABILITY. Prohibits any employee of the health
facility from being criminally or civilly liable for furnishing information
to the department or its designee pursuant to the requirements for this
chapter.
SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective to January 1, 2000.
SECTION 3. Emergency clause.