By:  Moncrief                                          S.B. No. 458
         99S0049/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the establishment of a newborn and infant hearing
 1-2     screening, tracking, and intervention program.
 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 47 to read as follows:
 1-6              CHAPTER 47.  HEARING LOSS IN NEWBORNS AND INFANTS
 1-7           Sec. 47.001.  PURPOSES.  The purposes of this chapter are to:
 1-8                 (1)  provide detection of hearing loss in newborns
 1-9     during their birth admission;
1-10                 (2)  prevent delays in language and communication
1-11     caused by late-identified hearing loss that lead to academic
1-12     failure and illiteracy;
1-13                 (3)  provide the department with the information
1-14     necessary to plan, establish, and evaluate a comprehensive system
1-15     of appropriate services for newborns and infants who have hearing
1-16     loss; and
1-17                 (4)  provide the department with the information
1-18     necessary to track the incidence and prevalence of hearing loss
1-19     within the state to improve public health.
1-20           Sec. 47.002.  DEFINITIONS.  In this chapter:
1-21                 (1)  "Birth admission" means the time after birth that
1-22     a newborn remains in the birthing hospital nursery prior to
1-23     discharge.
1-24                 (2)  "Health insurance policy" means a group health
 2-1     insurance policy, contract, or plan, or an individual policy,
 2-2     contract, or plan, with dependent coverage for children that
 2-3     provides medical coverage on an expense-incurred service or prepaid
 2-4     basis.  The term includes:
 2-5                       (A)  a health insurance policy or contract issued
 2-6     by a nonprofit corporation or fraternal benefit society;
 2-7                       (B)  a health service plan operating as a health
 2-8     maintenance organization, a preferred provider organization, an
 2-9     exclusive provider organization, or any other managed care plan, as
2-10     those terms are described in state law; or
2-11                       (C)  an employee welfare benefit plan as defined
2-12     in Section 3(1), Employee Retirement Income Security Act of 1974
2-13     (29 U.S.C. Section 1002(1)).
2-14                 (3)  "Hearing loss" means a hearing loss of 30 dB HL or
2-15     greater in the frequency region important for speech recognition
2-16     and comprehension in one or both ears (approximately 500 through
2-17     4,000 Hz).  However, as technological advances permit the detection
2-18     of less severe hearing loss, the department shall have the
2-19     authority to modify this definition by rule.
2-20                 (4)  "Infant" means a child 30 days to 24 months old.
2-21                 (5)  "Intervention or follow-up care" means the early
2-22     intervention services described in Subchapter III, Individuals with
2-23     Disabilities Education Act (20 U.S.C. Section 1431-1445), as
2-24     amended by Pub. L. No. 105-17.
2-25                 (6)  "Newborn" means a child from birth to 29 days old.
2-26                 (7)  "Parent" means a natural parent, stepparent,
 3-1     adoptive parent, legal guardian, or other legal custodian of a
 3-2     child.
 3-3                 (8)  "Program" means a newborn and infant hearing
 3-4     screening, tracking, and intervention program.
 3-5           Sec. 47.003.  NEWBORN AND INFANT HEARING SCREENING, TRACKING,
 3-6     AND INTERVENTION PROGRAM.  (a)  A birthing hospital, through a
 3-7     program certified by the department, shall offer the parents of a
 3-8     newborn a hearing screening for the newborn for the identification
 3-9     of hearing loss.  The screening shall be offered during the birth
3-10     admission.
3-11           (b)  The department or its designee shall approve program
3-12     protocols.
3-13           (c)  The department shall begin its implementation phase on
3-14     September 1, 1999, for birthing hospitals with 1,000 births or more
3-15     per year.
3-16           (d)  By April 1, 2001, all birthing hospitals shall offer the
3-17     hearing screening during the birth admission.
3-18           (e)  The department shall maintain data and information on
3-19     all newborns and infants who receive services under a program.
3-20           (f)  The department shall ensure that appropriate follow-up
3-21     care is available to families throughout the state, including
3-22     diagnostic evaluation and referral to intervention service programs
3-23     for all newborns and infants who require follow-up services.
3-24     Children identified as having hearing loss will be managed by
3-25     existing state programs, as required by the Individuals with
3-26     Disabilities Education Act (20 U.S.C. Section 1400 et seq.).
 4-1           Sec. 47.004.  CERTIFICATION OF BIRTHING HOSPITALS.  (a)  The
 4-2     department or its designee shall establish certification criteria
 4-3     that a birthing hospital must meet in implementing a newborn
 4-4     hearing screening program.
 4-5           (b)  In order to be certified the birthing hospital shall:
 4-6                 (1)  provide competent hearing screening;
 4-7                 (2)  utilize appropriate staff and physiological
 4-8     equipment for hearing screening;
 4-9                 (3)  maintain and report data electronically as
4-10     required by the department;
4-11                 (4)  provide effective family and physician education;
4-12     and
4-13                 (5)  refer newborns and infants with abnormal screening
4-14     results for appropriate follow-up services.
4-15           (c)  The department shall designate birthing hospitals that
4-16     meet and maintain certification criteria as qualified newborn
4-17     hearing screening providers.
4-18           (d)  The department shall recertify birthing hospitals as
4-19     qualified newborn hearing screening providers on a periodic basis
4-20     in order to assure quality services to newborns, infants, and
4-21     families.
4-22           Sec. 47.005.  INFORMATION CONCERNING SCREENING RESULTS AND
4-23     FOLLOW-UP CARE. A birthing hospital shall prepare for the parents
4-24     of all newborns and infants who are screened written information on
4-25     the screening results and the necessary steps for follow-up care.
4-26           Sec. 47.006.  INSURANCE COVERAGE.  (a)  Except as otherwise
 5-1     provided by this section, a health insurance policy that is
 5-2     delivered, issued for delivery, renewed, extended, or modified in
 5-3     this state by a health care insurer shall provide coverage for an
 5-4     initial newborn hearing screening and for necessary diagnostic
 5-5     follow-up care related to the screening.
 5-6           (b)  Except as otherwise provided by this section, if a
 5-7     health insurance policy provides coverage or benefits to a resident
 5-8     of this state, the policy shall be deemed to be delivered in this
 5-9     state within the meaning of this chapter regardless of whether the
5-10     health care insurer issuing or delivering the policy is located
5-11     within or outside this state.
5-12           (c)  Benefits for a newborn and infant hearing screening test
5-13     and any necessary audiological follow-up care shall be subject to
5-14     copayment and coinsurance provisions of a health insurance policy
5-15     to the extent that other medical services covered by the policy are
5-16     subject to those provisions, except that benefits for the screening
5-17     test shall be exempt from deductible or dollar-limit provisions in
5-18     the health insurance policy.  This exemption must be explicitly
5-19     provided for in the policy.
5-20           (d)  Notwithstanding Subsections (a) and (b), this section
5-21     shall not be construed to require a health insurance policy to
5-22     include coverage for a newborn and infant hearing screening test
5-23     for an individual who is a resident of this state if the individual
5-24     is employed outside this state and the individual's employer
5-25     maintains a health insurance policy for the individual as an
5-26     employment benefit.
 6-1           Sec. 47.007.  RULES.  The commissioner of insurance shall
 6-2     adopt rules necessary for the implementation of this chapter.  The
 6-3     commissioner of insurance may consult with the commissioner and
 6-4     other appropriate entities in adopting rules under this section.
 6-5           Sec. 47.008.  TECHNICAL ASSISTANCE BY DEPARTMENT.  The
 6-6     department shall establish the infrastructure to provide technical
 6-7     assistance and consultation to birthing hospitals with regard to
 6-8     preimplementation and implementation planning, information
 6-9     management, ongoing program performance, and follow-up services.
6-10           Sec. 47.009.  INFORMATION MANAGEMENT, REPORTING, AND TRACKING
6-11     SYSTEM.  (a)  The department shall provide all birthing hospitals
6-12     with the appropriate information management, reporting, and
6-13     tracking software for the program.  The information management,
6-14     reporting, and tracking system shall be capable of providing the
6-15     department with information and data necessary to plan, monitor,
6-16     and evaluate the program, including the program's screening,
6-17     follow-up, diagnostic, and intervention components.
6-18           (b)  All qualified newborn hearing screening providers,
6-19     hospitals, audiologists, and intervention specialists, as specified
6-20     by the department, shall have access to the information management,
6-21     reporting, and tracking system to provide information to the
6-22     department including:
6-23                 (1)  newborns born in each birthing hospital;
6-24                 (2)  newborns screened during birth admission;
6-25                 (3)  newborns passing the birth admission screening;
6-26                 (4)  families refusing the birth admission screening;
 7-1                 (5)  newborns who need follow-up care;
 7-2                 (6)  infants who receive follow-up care;
 7-3                 (7)  infants identified with hearing loss;
 7-4                 (8)  infants at risk for progressive hearing loss;
 7-5                 (9)  infants who are referred for intervention
 7-6     services; and
 7-7                 (10)  case level information necessary to report
 7-8     required statistics to the Maternal and Child Health Bureau on an
 7-9     annual basis.
7-10           Sec. 47.010.  CONFIDENTIALITY AND GENERAL ACCESS TO DATA.
7-11     (a)  The information management, reporting, and tracking system
7-12     required by this chapter must meet confidentiality requirements in
7-13     accordance with required state and federal privacy guidelines.
7-14           (b)  Data obtained through the information management,
7-15     reporting, and tracking system under this chapter are for the
7-16     confidential use of the department, its designee, and the persons
7-17     or public or private entities that the department determines are
7-18     necessary to carry out the functions of the tracking system.
7-19           Sec. 47.011.  IMMUNITY FROM LIABILITY.  A health facility, a
7-20     clinical laboratory, an audiologist, a physician, a registered
7-21     nurse, or any other officer or employee of a health facility
7-22     laboratory, a physician, or an audiologist shall not be criminally
7-23     or civilly liable for furnishing information to the department or
7-24     its designee pursuant to the requirements of this chapter.
7-25           SECTION 2.  This Act takes effect September 1, 1999, and
7-26     applies to all insurance policies, individual and otherwise,
 8-1     subscriber contracts, and group insurance certificates issued under
 8-2     any group master policy that are delivered, issued for delivery, or
 8-3     renewed on or after January 1, 2000.  A policy delivered, issued
 8-4     for delivery, or renewed before January 1, 2000, is governed by the
 8-5     law as it existed immediately before the effective date of this
 8-6     Act, and that law is continued in effect for this purpose.
 8-7           SECTION 3.  The importance of this legislation and the
 8-8     crowded condition of the calendars in both houses create an
 8-9     emergency and an imperative public necessity that the
8-10     constitutional rule requiring bills to be read on three several
8-11     days in each house be suspended, and this rule is hereby suspended.