By Ellis S.B. No. 240
76R3502 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to hearing screening for newborn children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
1-5 amended by adding Chapter 34 to read as follows:
1-6 CHAPTER 34. HEARING IMPAIRMENTS
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 34.001. DEFINITIONS. In this chapter:
1-9 (1) "Hearing impairment" means an abnormality of
1-10 functioning related to hearing.
1-11 (2) "Screening test" means a rapid procedure to
1-12 determine the need for further diagnostic evaluation.
1-13 (Sections 34.002-34.010 reserved for expansion
1-14 SUBCHAPTER B. NEWBORN SCREENING
1-15 Sec. 34.011. TEST REQUIREMENT. (a) The physician attending
1-16 a newborn child or the person attending the delivery of a newborn
1-17 child that is not attended by a physician shall ensure that the
1-18 child is subjected to a screening test approved by the department
1-19 for hearing impairments before the child is 181 days old.
1-20 (b) The board by rule shall prescribe the screening test
1-21 procedures to be used and the standards of accuracy and precision
1-22 required for each test.
1-23 Sec. 34.012. EXEMPTION. (a) A screening test may not be
1-24 administered to a newborn child whose parent, managing conservator,
2-1 or guardian objects on the ground that the administration of the
2-2 test conflicts with the religious tenets or practices of an
2-3 organized church of which the person is an adherent.
2-4 (b) If a parent, managing conservator, or guardian objects
2-5 to the screening test, the physician or the person attending the
2-6 newborn child that is not attended by a physician shall ensure that
2-7 the objection of the parent, managing conservator, or guardian is
2-8 entered into the medical record of the child. The parent, managing
2-9 conservator, or guardian shall sign the entry.
2-10 Sec. 34.013. LIMITATION ON LIABILITY. A physician,
2-11 technician, or other person administering a screening test required
2-12 by this chapter is not liable or responsible because of the failure
2-13 or refusal of a parent, managing conservator, or guardian to
2-14 consent to the test.
2-15 SECTION 2. Section 36.004, Health and Safety Code, is
2-16 amended by adding Subsection (i) to read as follows:
2-17 (i) A hearing screening performed under this section is in
2-18 addition to any hearing screening test performed under Chapter 34.
2-19 SECTION 3. Section 32.024, Human Resources Code, is amended
2-20 by adding Subsection (v) to read as follows:
2-21 (v) The department by rule shall provide a screening test
2-22 for hearing impairments as required by Texas Board of Health rule
2-23 under Chapter 34, Health and Safety Code, to a child younger than
2-24 181 days old who receives medical assistance.
2-25 SECTION 4. Article 21.53F, Insurance Code, as added by
2-26 Chapter 683, Acts of the 75th Legislature, Regular Session, 1997,
2-27 is amended by amending Sections 3 and 4 and adding Sections 5 and 6
3-1 to read as follows:
3-2 Sec. 3. REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS. [(a)]
3-3 A health benefit plan that provides benefits for a family member of
3-4 the insured shall provide coverage for each covered child described
3-5 by Section 5 of this article [Subsection (b) of this section], from
3-6 birth through the date the child is six years of age, for:
3-7 (1) immunization against:
3-8 (A) diphtheria;
3-9 (B) haemophilus influenzae type b;
3-10 (C) hepatitis B;
3-11 (D) measles;
3-12 (E) mumps;
3-13 (F) pertussis;
3-14 (G) polio;
3-15 (H) rubella;
3-16 (I) tetanus; and
3-17 (J) varicella; and
3-18 (2) any other immunization that is required by law for
3-19 the child.
3-20 Sec. 4. REQUIRED BENEFITS FOR SCREENING TEST FOR HEARING
3-21 IMPAIRMENT. (a) A health benefit plan that provides benefits for
3-22 a family member of the insured shall provide coverage for each
3-23 covered child described by Section 5 of this article, from birth
3-24 through the date the child is 180 days old, for a screening test
3-25 for hearing impairments as required by Texas Board of Health rule
3-26 under Chapter 34, Health and Safety Code.
3-27 (b) The commissioner may adopt rules to implement the
4-1 requirement of this section.
4-2 Sec. 5. COVERED CHILDREN. [(b)] A child is entitled to
4-3 benefits under this article [section] if the child, as a result of
4-4 the child's relationship to an enrollee in the health benefit
4-5 plan, would be entitled to benefits under an accident and sickness
4-6 insurance policy under Subsection (K), (L), or (M), Section 2,
4-7 Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,
4-8 Vernon's Texas Insurance Code).
4-9 Sec. 6 [4]. FIRST DOLLAR COVERAGE REQUIRED. (a) Benefits
4-10 required under Sections [Section] 3 and 4 of this article may not
4-11 be made subject to a deductible, copayment, or coinsurance
4-12 requirement.
4-13 (b) Subsection (a) of this section does not prohibit the
4-14 application of a deductible, copayment, or coinsurance requirement
4-15 to another service provided at the same time as the immunization or
4-16 hearing screening.
4-17 SECTION 5. Article 21.53F, Insurance Code, as added by
4-18 Chapter 683, Acts of the 75th Legislature, Regular Session, 1997,
4-19 is redesignated as Article 21.53J and the heading of that article
4-20 is amended to read as follows:
4-21 Art. 21.53J [21.53F]. COVERAGE FOR CERTAIN BENEFITS FOR
4-22 CHILDREN [CHILDHOOD IMMUNIZATIONS]
4-23 SECTION 6. (a) This Act takes effect September 1, 1999.
4-24 (b) A physician or other person attending the birth of a
4-25 newborn child is not required to comply with Section 34.011, Health
4-26 and Safety Code, as added by this Act, before September 1, 2000.
4-27 SECTION 7. The Texas Board of Health shall adopt the rules
5-1 required by Section 34.011, Health and Safety Code, as added by
5-2 this Act, not later than August 31, 2000.
5-3 SECTION 8. (a) Except as provided by Subsection (b) of this
5-4 section, not later than August 31, 2000, the Health and Human
5-5 Services Commission and each appropriate health and human services
5-6 agency that operates part of the state medical assistance program
5-7 under Chapter 32, Human Resources Code, shall adopt the rules
5-8 required by Section 32.024(v), Human Resources Code, as added by
5-9 this Act.
5-10 (b) If, before implementing Section 32.024(v), Human
5-11 Resources Code, as added by this Act, the Health and Human Services
5-12 Commission determines that a waiver or authorization from a federal
5-13 agency is necessary for implementation, the commission shall
5-14 request the waiver or authorization and may delay implementing that
5-15 provision until the waiver or authorization is granted.
5-16 SECTION 9. The change in law made by Section 4 of this Act
5-17 applies only to a health benefit plan that is delivered, issued for
5-18 delivery, or renewed on or after January 1, 2000. A health benefit
5-19 plan that is delivered, issued for delivery, or renewed before
5-20 January 1, 2000, is governed by the law as it existed immediately
5-21 before the effective date of this Act, and that law is continued in
5-22 effect for that purpose.
5-23 SECTION 10. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended.