86R4408 JG-F
 
  By: Darby H.B. No. 2255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sharing of newborn and infant hearing screening
  results and the provision of information to parents following a
  screening.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 47.0031(b), Health and Safety Code, is
  amended to read as follows:
         (b)  If a newborn or an infant does not pass the screening in
  a follow-up hearing screening, the program that performed the
  follow-up hearing screening on the newborn or infant shall:
               (1)  provide the newborn's or infant's parents with the
  screening results;
               (2)  with the prior written consent of the newborn's or
  infant's parents, provide the screening results to the primary
  statewide resource center established under Section 30.051,
  Education Code;
               (3)  assist in scheduling a diagnostic audiological
  evaluation for the newborn or infant, consistent with the most
  current guidelines in the Joint Committee on Infant Hearing
  Position Statement, or refer the newborn or infant to a licensed
  audiologist who provides diagnostic audiological evaluations for
  newborns or infants that are consistent with the most current
  guidelines in the Joint Committee on Infant Hearing Position
  Statement; and
               (4) [(3)]  refer the newborn or infant to early
  childhood intervention services and the primary statewide resource
  center established under Section 30.051, Education Code.
         SECTION 2.  Section 47.005, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (d) and adding
  Subsection (a-1) to read as follows:
         (a)  A birthing facility that operates a program shall
  simultaneously distribute to the parents of each newborn or infant
  who is screened:
               (1)  the screening results;
               (2)  educational and informational materials that are
  standardized by the department regarding:
                     (A)  [screening results and] follow-up care; and
                     (B)  available public resources, including:
                           (i)  early childhood intervention services
  developed under Chapter 73, Human Resources Code;
                           (ii)  the primary statewide resource center
  established under Section 30.051, Education Code; and
                           (iii)  contact information for Texas Early
  Hearing Detection and Intervention.
         (a-1)  The department shall make available to the public on
  request the educational and informational materials described by
  Subsection (a)(2).
         (b)  A birthing facility that operates a program shall report
  screening results to:
               (1)  the parents;
               (2)  the newborn's or infant's attending physician,
  primary care physician, or other applicable health care provider;
  [and]
               (3)  the department; and
               (4)  the primary statewide resource center established
  under Section 30.051, Education Code.
         (d)  The department may coordinate the diagnostic
  audiological evaluation required under Section 47.0031(b)(3)
  [47.0031(b)(2)]. A diagnostic audiological evaluation must be
  completed on the newborn or infant:
               (1)  not later than the third month after the newborn's
  or infant's birth unless the newborn or infant has been
  hospitalized since birth; or
               (2)  upon referral by the newborn's or infant's primary
  care physician or other applicable health care provider.
         SECTION 3.  Sections 47.007(b) and (h), Health and Safety
  Code, are amended to read as follows:
         (b)  Subject to Section 47.008, a qualified hearing
  screening provider, hospital, health care provider, physician,
  audiologist, or intervention specialist shall access the
  information management, reporting, and tracking system to provide
  information to the department and may obtain information from the
  department relating to:
               (1)  the results of each hearing screening performed
  under Section 47.003(a) or 47.0031(a);
               (2)  the results of each diagnostic audiological
  evaluation required under Section 47.0031(b)(3) [47.0031(b)(2)];
               (3)  infants who receive follow-up care;
               (4)  infants identified with hearing loss;
               (5)  infants who are referred for intervention
  services; and
               (6)  case level information necessary to report
  required statistics to:
                     (A)  the federal Maternal and Child Health Bureau
  on an annual basis; and
                     (B)  the federal Centers for Disease Control and
  Prevention.
         (h)  Subject to Section 47.008, a qualified hearing
  screening provider, hospital, health care provider, physician,
  audiologist, or intervention specialist may obtain information
  from the department relating to:
               (1)  the results of each hearing screening performed
  under Section 47.003(a) or 47.0031(a);
               (2)  the results of each diagnostic audiological
  evaluation required under Section 47.0031(b)(3) [47.0031(b)(2)];
               (3)  infants who receive follow-up care;
               (4)  infants identified with hearing loss; and
               (5)  infants who are referred for intervention
  services.
         SECTION 4.  Section 47.008(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The executive commissioner by rule shall develop
  guidelines to protect the confidentiality of patients in accordance
  with Chapter 159, Occupations Code, and require the written consent
  of a parent or guardian of a patient before any individually
  identifying information is provided to the department or the
  primary statewide resource center established under Section
  30.051, Education Code, as set out in this chapter. The department
  and the primary statewide resource center shall permit a parent or
  guardian at any time to withdraw information provided to the
  department or center under this chapter.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement the
  changes in law made by this Act.
         SECTION 6.  This Act takes effect September 1, 2019.