SRC-JBJ, ARR C.S.S.B. 458 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 458
76R14609 CMR-DBy: Moncrief
Health Services
5/6/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not provide screening, tracking, and intervention
programs for possible hearing loss in newborns.  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. C.S.S.B. 458 would create a newborn hearing screening, tracking,
and intervention program.  

PURPOSE

As proposed, C.S.S.B. 458 creates a newborn and infant hearing screening,
tracking, and intervention program. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 1
(Section 47.003(d), Health and Safety Code); Texas Department of Health in
SECTION 7 (Section 32.024(v), Human Resources Code); and the commissioner
of insurance in SECTION 5 (Sections 4(b) and 7, Article 21.53F, Insurance
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.  DEFINITIONS. Defines "birthing facility," "health care
provider," "hearing loss," "infant," "birth admission," "newborn,"
"parent," "physician," and "program." 

Sec. 47.002.  NEWBORN HEARING SCREENING, TRACKING, AND INTERVENTION
PROGRAM. Authorizes a birthing facility, through a program certified by the
Texas Department of Health (department) under Section 47.003, 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.  Authorizes the department or the department's
designee to approve program protocols.  Authorizes the department to
maintain data and information on each newborn who receives services under a
program.  Requires the department to ensure that intervention is available
to families for a newborn identified as having hearing loss and that the
intervention is managed by state programs operating under 20 U.S.C. Section
1400 et seq. (Individuals with Disabilities Education Act).  Requires the
department to ensure that the intervention is available for a newborn with
hearing loss through the time the child is an infant. 

Sec. 47.003. CERTIFICATION OF SCREENING PROGRAMS.  Requires the department
or its designee to establish certification criteria for implementing a
program.  Sets forth requirements for the criteria.  Authorizes the
department to certify a program on a periodic basis, as established by rule
of the Texas Board of Health, in order to ensure quality services to
newborns and families.  Prohibits a fee from being charged to certify or
recertify a program.   

Sec. 47.004.  INFORMATION CONCERNING SCREENING RESULTS AND FOLLOWUP CARE.
Requires a birthing facility to distribute to the parents of each newborn
who is screened education materials that are standardized by the department
regarding screening results and follow-up care.   Requires the facility to
report the results to the parents, the attending physician, and, if
required, the department.  Provides that infant care should be directed and
coordinated by the physician or health care provider, with support from
ancillary services. 

Sec. 47.005. TECHNICAL ASSISTANCE BY DEPARTMENT. Authorizes the department
to consult with a birthing facility that operates a program and provide to
the facility technical assistance associated with the implementation of the
program. 

Sec. 47.006. INFORMATION MANAGEMENT, REPORTING, AND TRACKING SYSTEM.
Requires the department to provide each birthing facility that provides
newborn screening under the program with appropriate information
management, reporting, and tracking system 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.
Authorizes a qualified hearing screening provider, hospital, audiologist,
or intervention specialist to have access to the system to provide certain
information to the department. 
 
Sec. 47.007. CONFIDENTIALITY AND GENERAL ACCESS TO DATA. Requires the
system provided in accordance with 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. Provides that certain health care
providers or their employees are not criminally or civilly liable for
furnishing information to the department or its designee in accordance with
this chapter. 

SECTION 2.  Amends Section 36.004, Health and Safety Code, by adding
Subsection (i), to provide that a hearing screening is in addition to any
hearing screening test performed under Chapter 47. 

SECTION 3.  Amends Section 32.024, Human Resources Code, by adding
Subsection (v), to require the Health and Human Services Commission to
provide, by rule, a screening test for hearing loss in accordance with
Chapter 47, Health and Safety Code, and any necessary diagnostic follow-up
care related to the screening test to a child younger than 30 days old who
receives medical assistance. 

SECTION 4.  Amends Section 2(b), Article 21.53F, Insurance Code, to provide
that this article does not apply to a plan that provides coverage only for
hospital expenses or a Civilian Health and Medical Program of the Uniformed
Services supplemental policy.  Makes conforming changes. 

SECTION 5.  Amends Article 21.53F, Insurance Code, by amending Sections 3
and 4 and adding Sections 5-7, as follows: 

Sec. 4.  REQUIRED BENEFITS FOR SCREENING TEST FOR HEARING IMPAIRMENT.
Requires certain health benefit plans to provide certain coverages for each
child covered by Section 5. Authorizes the commissioner of insurance
(commissioner) to adopt rules to implement the requirements of this
section.  Sets forth to whom this section does and does not apply.  Makes
conforming changes. 

 Sec. 5.  COVERED CHILDREN.  Makes conforming changes.

Sec. 6.  New heading:  APPLICATION OF DEDUCTIBLE, COPAYMENT, OR COINSURANCE
REQUIREMENT.  Authorizes the benefits to be subject to a deductible
requirement or dollar limit.  Authorizes the requirements of this
subsection to be stated in the coverage document. 

Sec. 7.  RULES.  Authorizes the commissioner to adopt rules as necessary to
implement this article. 

SECTION 6.  Amends the heading to Article 21.53F, Insurance Code, as
follows: 
 
 Art. 21.53F.  New heading:  COVERAGE FOR CERTAIN BENEFITS FOR CHILDREN

SECTION 7.Effective date: September 1, 1999.

SECTION 8.  Requires the Texas Board of Health to adopt the rules under
Section 47.003, Health and Safety Code, by December 1, 1999. 

SECTION 9.  Requires the Health and Human Services Commission (commission)
and each appropriate agency to adopt the rules under Section 32.024(v),
Human Resources Code.  Requires the commission to request the requisite
waiver or authorization from the proper federal agency, until then, the Act
may be delayed. 

SECTION 10. Makes application of this Act prospective.

SECTION 11.Provides that this Act takes effect only if certain H.B. 1
appropriations are provided for. 

SECTION 12.Emergency clause.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends proposed Section 47.002, Chapter 47, Title 2B, Health and Safety
Code, to delete the proposed section regarding purposes, and to add
definitions for "birth facility," "health care provider," and "physician,"
and to delete a definition for "health insurance policy."   

Amends the proposed title to Section 47.002, regarding newborn and infant
hearing screening, tracking, and intervention program. 

 Deletes proposed section regarding implementation requirements, insurance
coverage, and rules. 

SECTIONS 2-3.

Adds proposed Section 36.004(i), Health and Safety Code, and Section
32.024(v), Human Resources Code, to provide that a hearing screening is in
addition certain other screening performed, and to require the Health and
Human Services Commission to adopt certain rules. 

 Redesignates SECTIONS 2-3 as SECTIONS 7 and 12.

SECTIONS 4-6 and 8-11.

Adds proposed SECTIONS 4-6 and 8-11 regarding to whom certain provisions do
not apply; required benefits for screening test for hearing impairment;
covered children; application of deductible, copayment, or coinsurance
requirement; rules; and coverage for certain benefits for children.