Florida Senate - 2015 SB 632 By Senator Garcia 38-00603-15 2015632__ 1 A bill to be entitled 2 An act relating to newborn adrenoleukodystrophy 3 screening; creating s. 383.147, F.S.; providing 4 definitions; directing the Department of Health to 5 establish requirements for newborn 6 adrenoleukodystrophy screening; providing certain 7 insurance and managed care coverage; providing 8 adrenoleukodystrophy screening as a covered benefit; 9 providing an exemption; providing for documentation of 10 objections to screening by the parent or legal 11 guardian; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 383.147, Florida Statutes, is created to 16 read: 17 383.147 Newborn adrenoleukodystrophy screening.— 18 (1) DEFINITIONS.—As used in this section, the term: 19 (a) “Adrenoleukodystrophy screening” means a test 20 administered to newborns which identifies the presence of 21 adrenoleukodystrophy, a disease of the central nervous system 22 that is inherited as an X-linked recessive trait and is 23 characterized by blindness, deafness, tonic spasms, and mental 24 deterioration. 25 (b) “Agency” means the Agency for Health Care 26 Administration. 27 (c) “Department” means the Department of Health. 28 (d) “Newborn” means an infant ranging in age from birth 29 through 29 days. 30 (2) SCREENING REQUIREMENTS.—The department shall adopt 31 rules requiring a newborn to be screened for 32 adrenoleukodystrophy. Notwithstanding any provision of law, a 33 licensed hospital, birth center, or attending health care 34 provider may release, directly or through the Children’s Medical 35 Services program, the results of an adrenoleukodystrophy 36 screening to the newborn’s primary care physician. 37 (a) A licensed hospital that provides maternity and newborn 38 care services shall provide an adrenoleukodystrophy screening 39 for each newborn within 24 hours after birth or admittance to 40 the hospital and before he or she is discharged. 41 (b) A licensed birth center that provides maternity and 42 newborn care services shall refer each newborn to a physician 43 licensed under chapter 458 or chapter 459 or to a hospital for 44 adrenoleukodystrophy screening within 24 hours after birth or 45 admittance to the birth center and before he or she is 46 discharged. Written documentation of the referral must be placed 47 in the newborn’s medical chart. 48 (c) For a home birth, the health care provider in 49 attendance must refer the newborn to a physician licensed under 50 chapter 458 or chapter 459 or to a hospital for an 51 adrenoleukodystrophy screening within 24 hours after the birth 52 of the newborn. 53 (d) Each hospital shall designate a lead physician who is 54 responsible for programmatic oversight of newborn 55 adrenoleukodystrophy screenings. Each birth center shall 56 designate a licensed health care provider who is responsible for 57 programmatic oversight of referrals for and completion of 58 newborn adrenoleukodystrophy screenings. 59 (3) INSURANCE COVERAGE.—The initial procedure for newborn 60 adrenoleukodystrophy screening is a covered benefit, 61 reimbursable under Medicaid as an expense compensated 62 supplemental to the per diem rate for Medicaid patients enrolled 63 in MediPass or Medicaid patients covered by a fee-for-service 64 program. For Medicaid patients enrolled in health maintenance 65 organizations, providers shall be reimbursed directly by the 66 Medicaid Program Office at the Medicaid rate. 67 Adrenoleukodystrophy screening may not be considered a covered 68 service for the purposes of establishing the payment rate for 69 Medicaid health maintenance organizations. All health insurance 70 policies and health maintenance organizations as provided under 71 ss. 627.6416, 627.6579, and 641.31(30), except for supplemental 72 policies that provide coverage only for specific diseases or 73 hospital indemnity, or as a Medicare supplement, or to the 74 supplemental polices, shall compensate providers for the covered 75 benefit at the contracted rate. Nonhospital-based providers may 76 bill Medicaid for the professional and technical component of 77 each procedure code. 78 (4) OBJECTIONS OF PARENT OR GUARDIAN.—If the parent or 79 legal guardian of a newborn objects to the adrenoleukodystrophy 80 screening, the screening may not be completed. In such case, the 81 licensed hospital, licensed birth center, or, in the case of a 82 home birth, the physician, midwife, or other person attending 83 the newborn, shall maintain a record that the screening has not 84 been performed and attach a written objection that is signed by 85 the parent or legal guardian. 86 Section 2. This act shall take effect July 1, 2015.