1-1     By:  Naishtat, et al. (Senate Sponsor - Moncrief)      H.B. No. 714
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on Health
 1-4     Services; May 14, 1999, reported favorably, as amended, by the
 1-5     following vote:  Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
 1-7           Amend H.B. No. 714, adding an appropriately numbered SECTION
 1-8     to read as follows:
 1-9           "SECTION 10.  This Act takes effect only if a specific
1-10     appropriation for the implementation of this Act is provided in
1-11     H.B. No. 1 (General Appropriations Act), Acts of the 76th
1-12     Legislature, Regular Session, 1999.  If no specific appropriation
1-13     is provided in H.B. No. 1, the General Appropriations Act, this Act
1-14     has no effect."
1-15           Renumber subsequent section.
1-16                            A BILL TO BE ENTITLED
1-17                                   AN ACT
1-18     relating to the establishment of a newborn hearing screening,
1-19     tracking, and intervention program.
1-20           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21           SECTION 1.  Subtitle B, Title 2, Health and Safety Code, is
1-22     amended by adding Chapter 47 to read as follows:
1-23                    CHAPTER 47.  HEARING LOSS IN NEWBORNS
1-24           Sec. 47.001.  DEFINITIONS.  In this chapter:
1-25                 (1)  "Birth admission" means the time after birth that
1-26     a newborn remains in the birthing facility before the newborn is
1-27     discharged.
1-28                 (2)  "Birthing facility" means:
1-29                       (A)  a hospital licensed under Chapter 241 that
1-30     offers obstetrical services and is located in a county with a
1-31     population of more than 50,000; or
1-32                       (B)  a birthing center licensed under Chapter 244
1-33     that is located in a county with a population of more than 50,000
1-34     and that has 100 or more births per year.
1-35                 (3)  "Health care provider" means a registered nurse
1-36     recognized as an advanced practice nurse by the Board of Nurse
1-37     Examiners or a physician assistant licensed by the Texas State
1-38     Board of Physician Assistant Examiners.
1-39                 (4)  "Hearing loss" means a hearing loss of 30 dB HL or
1-40     greater in the frequency region important for speech recognition
1-41     and comprehension in one or both ears, approximately 500 through
1-42     4,000 Hz.  As technological advances permit the detection of less
1-43     severe hearing loss, the department may modify this definition by
1-44     rule.
1-45                 (5)  "Infant" means a child who is at least 30 days but
1-46     who is younger than 24 months old.
1-47                 (6)  "Intervention or follow-up care" means the early
1-48     intervention services described in Part C, Individuals with
1-49     Disabilities Education Act (20 U.S.C. Sections 1431-1445), as
1-50     amended by Pub. L. No. 105-17.
1-51                 (7)  "Newborn" means a child younger than 30 days old.
1-52                 (8)  "Parent" means a natural parent, stepparent,
1-53     adoptive parent, legal guardian, or other legal custodian of a
1-54     child.
1-55                 (9)  "Physician" means a person licensed to practice
1-56     medicine by the Texas State Board of Medical Examiners.
1-57                 (10)  "Program" means a newborn hearing screening,
1-58     tracking, and intervention program certified by the department
1-59     under this chapter.
1-60           Sec. 47.002.  APPLICABILITY OF CHAPTER.  This chapter does
1-61     not apply to a facility operated by a midwife as defined by Section
1-62     1, Texas Midwifery Act (Article 4512i, Vernon's Texas Civil
1-63     Statutes).
 2-1           Sec. 47.003.  NEWBORN HEARING SCREENING, TRACKING, AND
 2-2     INTERVENTION PROGRAM.  (a)  A birthing facility, through a program
 2-3     certified by the department under Section 47.004, shall offer the
 2-4     parents of a newborn a hearing screening for the newborn for the
 2-5     identification of hearing loss.  The screening shall be offered
 2-6     during the birth admission, and the parents shall be informed that
 2-7     information may be provided to the department upon their written
 2-8     consent if hearing loss is identified.
 2-9           (b)  The department or the department's designee shall
2-10     approve program protocols.
2-11           (c)  The department may maintain data and information on each
2-12     newborn who receives services under a program.
2-13           (d)  The department shall ensure that intervention is
2-14     available to families for a newborn identified as having hearing
2-15     loss and that the intervention is managed by state programs
2-16     operating under the Individuals with Disabilities Education Act (20
2-17     U.S.C. Section 1400 et seq.).
2-18           (e)  The department shall ensure that the intervention
2-19     described by Subsection (d) is available for a newborn identified
2-20     as having hearing loss through the time the child is an infant.
2-21           Sec. 47.004.  CERTIFICATION OF SCREENING PROGRAMS.  (a)  The
2-22     department or the department's designee shall establish
2-23     certification criteria for implementing a program.
2-24           (b)  In order to be certified, the program must:
2-25                 (1)  provide hearing screening using equipment
2-26     recommended by the department;
2-27                 (2)  use appropriate staff to provide the screening;
2-28                 (3)  maintain and report data electronically as
2-29     required by the department;
2-30                 (4)  distribute family, health care provider, and
2-31     physician educational materials standardized by the department; and
2-32                 (5)  provide information, upon the parents' consent, as
2-33     recommended by the department, on follow-up services for newborns
2-34     and infants with abnormal screening results.
2-35           (c)  The department may certify a program that meets and
2-36     maintains the certification criteria.
2-37           (d)  The department may renew the certification of a program
2-38     on a periodic basis as established by board rule in order to ensure
2-39     quality services to newborns and families.
2-40           (e)  A fee may not be charged to certify or recertify a
2-41     program.
2-42           Sec. 47.005.  INFORMATION CONCERNING SCREENING RESULTS AND
2-43     FOLLOW-UP CARE.  (a)  A birthing facility that operates a program
2-44     shall distribute to the parents of each newborn who is screened
2-45     educational materials that are standardized by the department
2-46     regarding screening results and follow-up care.
2-47           (b)  A birthing facility that operates a program shall report
2-48     screening results to the parents, the newborn's attending physician
2-49     or health care provider, and the department.
2-50           (c)  Appropriate and necessary care for the infant who needs
2-51     follow-up care should be directed and coordinated by the infant's
2-52     physician or health care provider, with support from appropriate
2-53     ancillary services.
2-54           Sec. 47.006.  TECHNICAL ASSISTANCE BY DEPARTMENT.  The
2-55     department may consult with a birthing facility and provide to the
2-56     facility technical assistance associated with the implementation of
2-57     a certified program.
2-58           Sec. 47.007.  INFORMATION MANAGEMENT, REPORTING, AND TRACKING
2-59     SYSTEM.  (a)  The department shall provide each birthing facility
2-60     that provides newborn hearing screening under the state's medical
2-61     assistance program provided under Chapter 32, Human Resources Code,
2-62     with the appropriate information management, reporting, and
2-63     tracking software for the program.  The information management,
2-64     reporting, and tracking system must be capable of providing the
2-65     department with information and data necessary to plan, monitor,
2-66     and evaluate the program, including the program's screening,
2-67     follow-up, diagnostic, and intervention components.
2-68           (b)  A qualified hearing screening provider, hospital,
2-69     audiologist, or intervention specialist may access the information
 3-1     management, reporting, and tracking system to provide information,
 3-2     where available, to the department, including information relating
 3-3     to:
 3-4                 (1)  infants who receive follow-up care;
 3-5                 (2)  infants identified with hearing loss;
 3-6                 (3)  infants who are referred for intervention
 3-7     services; and
 3-8                 (4)  case level information necessary to report
 3-9     required statistics to the Maternal and Child Health Bureau on an
3-10     annual basis.
3-11           (c)  The department shall ensure that the written consent of
3-12     a parent is obtained before a newborn is included in the
3-13     information management, reporting, and tracking system or any
3-14     information relating to the newborn or infant is released through
3-15     the system.
3-16           Sec. 47.008.  CONFIDENTIALITY AND GENERAL ACCESS TO DATA.
3-17     (a)  The information management, reporting, and tracking system
3-18     provided in accordance with this chapter must meet confidentiality
3-19     requirements in accordance with required state and federal privacy
3-20     guidelines.
3-21           (b)  Data obtained through the information management,
3-22     reporting, and tracking system under this chapter are for the
3-23     confidential use of the department, the department's designee, and
3-24     the persons or public or private entities that the department
3-25     determines are necessary to carry out the functions of the tracking
3-26     system.
3-27           (c)  The department by rule shall develop guidelines to
3-28     protect the confidentiality of patients in accordance with Section
3-29     5.08, Medical Practice Act (Article 4495b, Vernon's Texas Civil
3-30     Statutes), and require the written consent of a parent or guardian
3-31     of a patient before any information is provided to the department
3-32     as set out in this chapter.  The department shall permit a parent
3-33     or guardian at any time to withdraw information provided to the
3-34     department under this chapter.
3-35           Sec. 47.009.  IMMUNITY FROM LIABILITY.  A birthing facility,
3-36     a clinical laboratory, an audiologist, a health care provider, a
3-37     physician, a registered nurse, or any other officer or employee of
3-38     a birthing facility, a laboratory, a physician, or an audiologist
3-39     is not criminally or civilly liable for furnishing information in
3-40     good faith to the department or its designee as required by this
3-41     chapter.  This section does not apply to information gathered and
3-42     furnished after a parent of a newborn or infant declined screening
3-43     offered through a program.
3-44           SECTION 2.  Section 36.004, Health and Safety Code, is
3-45     amended by adding Subsection (i) to read as follows:
3-46           (i)  A hearing screening performed under this section is in
3-47     addition to any hearing screening test performed under Chapter 47.
3-48           SECTION 3.  Section 32.024, Human Resources Code, is amended
3-49     by adding Subsection (v) to read as follows:
3-50           (v)  The department by rule shall provide a screening test
3-51     for hearing loss in accordance with Chapter 47, Health and Safety
3-52     Code, and any necessary diagnostic follow-up care related to the
3-53     screening test to a child younger than 30 days old who receives
3-54     medical assistance.
3-55           SECTION 4.  Article 21.53F, Insurance Code, as added by
3-56     Chapter 683, Acts of the 75th Legislature, Regular Session, 1997,
3-57     is amended by amending Sections 3 and 4 and adding Sections 5, 6,
3-58     and 7 to read as follows:
3-59           Sec. 3.  REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS.  [(a)]
3-60     A health benefit plan that provides benefits for a family member of
3-61     the insured shall provide coverage for each covered child described
3-62     by Section 5 of this article [Subsection (b) of this section], from
3-63     birth through the date the child is six years of age, for:
3-64                 (1)  immunization against:
3-65                       (A)  diphtheria;
3-66                       (B)  haemophilus influenzae type b;
3-67                       (C)  hepatitis B;
3-68                       (D)  measles;
3-69                       (E)  mumps;
 4-1                       (F)  pertussis;
 4-2                       (G)  polio;
 4-3                       (H)  rubella;
 4-4                       (I)  tetanus; and
 4-5                       (J)  varicella; and
 4-6                 (2)  any other immunization that is required by law for
 4-7     the child.
 4-8           Sec. 4.  REQUIRED BENEFITS FOR SCREENING TEST FOR HEARING
 4-9     IMPAIRMENT.  (a)  A health benefit plan that provides benefits for
4-10     a family member of the insured shall provide coverage for each
4-11     covered child described by Section 5 of this article for:
4-12                 (1)  a screening test for hearing loss from birth
4-13     through the date the child is 30 days old, as provided by Chapter
4-14     47, Health and Safety Code; and
4-15                 (2)  necessary diagnostic follow-up care related to the
4-16     screening test from birth through the date the child is 24 months
4-17     old.
4-18           (b)  The commissioner may adopt rules to implement the
4-19     requirement of this section.
4-20           (c)  This section applies to any health benefit plan that
4-21     provides coverage or benefits to a resident of this state, without
4-22     regard to whether the issuer of the health benefit plan is located
4-23     within or outside this state. This section does not require the
4-24     issuer of a health benefit plan to provide coverage under this
4-25     section for the child of a resident of this state who:
4-26                 (1)  is employed outside of this state; and
4-27                 (2)  is covered under a health benefit plan maintained
4-28     for the individual by the individual's employer as an employment
4-29     benefit.
4-30           Sec. 5.  COVERED CHILDREN.  [(b)]  A child is entitled to
4-31     benefits under this article [section] if the child, as a result of
4-32     the child's relationship to an enrollee in the health benefit plan,
4-33     would be entitled to benefits under an accident and sickness
4-34     insurance policy under Subsection (K), (L), or (M), Section 2,
4-35     Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,
4-36     Vernon's Texas Insurance Code).
4-37           Sec. 6 [4].  APPLICATION OF DEDUCTIBLE, COPAYMENT, OR
4-38     COINSURANCE REQUIREMENT [FIRST DOLLAR COVERAGE REQUIRED].  (a)
4-39     Benefits required under Section 3 of this article may not be made
4-40     subject to a deductible, copayment, or coinsurance requirement.
4-41     This subsection [(b) Subsection (a) of this section] does not
4-42     prohibit the application of a deductible, copayment, or coinsurance
4-43     requirement to another service provided at the same time as the
4-44     immunization.
4-45           (b)  Benefits required under Section 4 of this article may be
4-46     subject to copayment and coinsurance requirements, but may not be
4-47     subject to a deductible requirement or dollar limit.  The
4-48     requirements of this subsection must be stated in the coverage
4-49     document.
4-50           Sec. 7.  RULES.  The commissioner may adopt rules as
4-51     necessary to implement this article.
4-52           SECTION 5.  The heading of Article 21.53F, Insurance Code, as
4-53     added by Chapter 683, Acts of the 75th Legislature, Regular
4-54     Session, 1997, is amended to read as follows:
4-55           Art. 21.53F.  COVERAGE FOR CERTAIN BENEFITS FOR CHILDREN
4-56     [CHILDHOOD IMMUNIZATIONS]
4-57           SECTION 6.  (a)  This Act takes effect September 1, 1999.
4-58           (b)  Not later than May 1, 2000, each birthing facility that
4-59     operates a program with at least 1,000 births in a year shall offer
4-60     newborn hearing screening during the birth admission as provided by
4-61     Section 47.003, Health and Safety Code, as added by this Act.
4-62           (c)  Not later than April 1, 2001, each birthing facility
4-63     that operates a program shall offer the hearing screening during
4-64     the birth admission in accordance with Section 47.003, Health and
4-65     Safety Code, as added by this Act.
4-66           SECTION 7.  The Texas Board of Health shall adopt the rules
4-67     required by Section 47.004, Health and Safety Code, as added by
4-68     this Act, not later than December 1, 1999.
4-69           SECTION 8.  (a)  Except as provided by Subsection (b) of this
 5-1     section, not later than January 1, 2000, the Health and Human
 5-2     Services Commission and each appropriate health and human services
 5-3     agency that operates part of the state medical assistance program
 5-4     under Chapter 32, Human Resources Code, shall adopt the rules
 5-5     required by Section 32.024(v), Human Resources Code, as added by
 5-6     this Act.
 5-7           (b)  If, before implementing Section 32.024(v), Human
 5-8     Resources Code, as added by this Act, the Health and Human Services
 5-9     Commission determines that a waiver or authorization from a federal
5-10     agency is necessary  for implementation, the commission shall
5-11     request the waiver or authorization and may delay implementing that
5-12     provision until the waiver or authorization is granted.
5-13           SECTION 9.  The change in law made by Section 4 of this Act
5-14     applies only to a health benefit plan that is delivered, issued for
5-15     delivery, or renewed on or after January 1, 2000.  A health benefit
5-16     plan that is delivered, issued for delivery, or renewed before
5-17     January 1, 2000, is governed by the law as it existed immediately
5-18     before the effective date of this Act, and that law is continued in
5-19     effect for that purpose.
5-20           SECTION 10.  The importance of this legislation and the
5-21     crowded condition of the calendars in both houses create an
5-22     emergency and an imperative public necessity that the
5-23     constitutional rule requiring bills to be read on three several
5-24     days in each house be suspended, and this rule is hereby suspended.
5-25                                  * * * * *