BILL ANALYSIS

S.B. 793

By: Deuell

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recent legislation that sought to address confidentiality concerns about how newborn screening information is disclosed by the Department of State Health Services (DSHS) included a requirement for birthing facilities to perform newborn hearing screenings either directly or through a transfer agreement. Interested parties report that many midwives and owners or operators of birthing facilities have raised concerns that the transfer agreement requirement was not appropriate. According to these parties, a group of stakeholders, including the Texas Hospital Association, that was organized by DSHS to address the transfer agreement language agreed with this assessment and recommended that the language simply reference a referral process. S.B. 793 seeks to revise certain requirements relating to newborn hearing screenings.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 793 amends the Health and Safety Code to specify that the newborn hearing screening required to be performed by a birthing facility through a program certified by the Department of State Health Services (DSHS) must be performed either directly or through a referral to another program certified by DSHS, rather than directly or through a transfer agreement. The bill includes among the exceptions to this screening requirement that the newborn was discharged from the birthing facility not more than 10 hours after birth and a referral for the newborn was made to a DSHS-certified program at another birthing facility or operated by a physician or health care provider.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.