House Bill 0399
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 399
By Representatives Prieguez and Wasserman Schultz
1 A bill to be entitled
2 An act relating to newborn hearing screening;
3 providing legislative intent; providing
4 definitions; providing requirements for
5 screening newborns for hearing impairment;
6 providing for education of parents of newborns;
7 providing for certain insurance and managed
8 care coverage; providing for referral for
9 ongoing services; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Newborn hearing screening.--
14 (1) LEGISLATIVE INTENT.--The intent of this section is
15 to provide a statewide comprehensive and coordinated
16 interdisciplinary program of early hearing impairment
17 screening, identification, and followup care for newborns. The
18 goal is to screen all newborns for hearing impairment in order
19 to alleviate the adverse effects of hearing loss on speech and
20 language development, academic performance, and cognitive
21 development.
22 (2) DEFINITIONS.--
23 (a) "Agency" means the Agency for Health Care
24 Administration.
25 (b) "Department" means the Department of Health.
26 (c) "Hearing impairment" means a hearing loss of 30 dB
27 HL or greater in the frequency region important for speech
28 recognition and comprehension in one or both ears,
29 approximately 500 through 4,000 hertz.
30 (d) "Infant" means an age range from 30 days through
31 12 months.
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Florida House of Representatives - 2000 HB 399
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1 (e) "Licensed health care provider" means a physician,
2 nurse, or audiologist licensed in the state rendering services
3 within the scope of his or her license.
4 (f) "Management" means the habilitation of the
5 hearing-impaired child.
6 (g) "Newborn" means an age range from birth through 29
7 days.
8 (h) "Screening" means a test or battery of tests
9 administered to determine the need for an in-depth hearing
10 diagnostic evaluation.
11 (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
12 COVERAGE; REFERRAL FOR ONGOING SERVICES.--
13 (a) Each licensed hospital or other state-licensed
14 birthing facility that provides maternity and newborn care
15 services shall provide that all newborns are, prior to
16 discharge, screened for the detection of hearing loss, to
17 prevent the consequences of unidentified disorders.
18 (b) Each licensed birth center that provides maternity
19 and newborn care services shall provide that all newborns are,
20 prior to discharge, referred to a licensed audiologist, or to
21 a hospital or other newborn hearing screening provider, for
22 screening for the detection of hearing loss, to prevent the
23 consequences of unidentified disorders. The referral for
24 appointment shall be made within 30 days after discharge.
25 Written documentation of the referral must be placed in the
26 newborn's medical chart.
27 (c) If the parents or legal guardians of the newborn
28 object to the screening, the screening must not be completed.
29 In such case, the physician, midwife, or other person who is
30 attending the newborn shall maintain a record that the
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Florida House of Representatives - 2000 HB 399
708-107C-00
1 screening has not been performed and attach a written
2 objection that must be signed by the parent or guardian.
3 (d) For home births, the health care provider in
4 attendance is responsible for coordination and referral to a
5 licensed audiologist, hospital, or other newborn hearing
6 screening provider. The referral for appointment shall be made
7 within 30 days after the birth. In cases in which the home
8 birth is not attended by a primary health care provider, a
9 referral to a licensed audiologist, hospital, or other newborn
10 hearing screening provider must be made by the health care
11 provider within the first 3 months after the child's birth.
12 (e) All newborn and infant hearing screenings shall be
13 conducted by a licensed audiologist, licensed physician, or
14 appropriately supervised individual who has completed
15 documented training specifically for newborn hearing
16 screening. Every licensed hospital shall obtain the services
17 of a licensed audiologist or other newborn hearing screening
18 provider, through employment or contract or written memorandum
19 of understanding, for the purposes of appropriate staff
20 training, screening program supervision, monitoring the
21 scoring and interpretation of test results, rendering of
22 appropriate recommendations, and coordination of appropriate
23 followup services. Appropriate documentation of the screening
24 completion, results, interpretation, and recommendations must
25 be placed in the medical record within 24 hours after
26 completion of the screening procedure.
27 (f) The screening of a newborn's hearing should be
28 completed before the newborn is discharged from the hospital.
29 If the screening is not completed before discharge due to
30 scheduling or temporary staffing limitations, the screening
31 must be completed within 30 days after discharge. Screenings
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Florida House of Representatives - 2000 HB 399
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1 completed after discharge or performed because of initial
2 screening failure must be completed by an audiologist licensed
3 in the state, or by a hospital or other newborn hearing
4 screening provider.
5 (g) Each hospital shall formally designate a lead
6 physician responsible for programmatic oversight for newborn
7 hearing screening. Each birth center shall designate a
8 licensed health care provider to provide such programmatic
9 oversight and to ensure that the appropriate referrals are
10 being completed.
11 (h) Each screening of a newborn's hearing must include
12 auditory brainstem responses, or evoked otocoustic emissions,
13 or appropriate technology as approved by the United States
14 Food and Drug Administration.
15 (i) By October 1, 2000, newborn hearing screening must
16 be conducted on all newborns in hospitals in this state on
17 birth admission. When a newborn is delivered in a facility
18 other than a hospital, the parents must be instructed on the
19 importance of having the hearing screening performed and must
20 be given information to assist them in having the screening
21 performed within 3 months after the child's birth.
22 (j) On or after October 1, 2000, every hospital in the
23 state shall educate the parents of newborns, in lay terms, on
24 the importance of screening the hearing of newborns and of
25 receiving followup care. The educational information shall
26 include a description of the normal auditory, speech, and
27 language development processes in children.
28 (k) The initial procedure for screening the hearing of
29 the newborn or infant and any medically necessary followup
30 reevaluations leading to diagnosis shall be a covered benefit,
31 reimbursable under Medicaid, under all health insurance
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Florida House of Representatives - 2000 HB 399
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1 policies and health maintenance organizations as defined in
2 chapters 627 and 641, Florida Statutes, except for
3 supplemental policies that only provide coverage for specific
4 diseases, hospital indemnity, or Medicare supplement, or to
5 the supplemental policies.
6 (l) Any child who is diagnosed as having a permanent
7 hearing impairment shall be referred to the primary care
8 physician for medical management, treatment, and followup
9 services. Furthermore, in accordance with Pub. L. No. 105-17,
10 The Infants and Toddlers Program, Individuals with
11 Disabilities Education Act, any child from birth to 36 months
12 of age who is diagnosed as having a hearing impairment that
13 requires ongoing special hearing services must be referred to
14 the Children's Medical Services Early Intervention Program
15 serving the geographical area in which the child resides.
16 (m) Any person who is not covered through insurance
17 and cannot afford the costs for testing shall be given a list
18 of newborn hearing screening providers who provide the
19 necessary testing free of charge.
20 Section 2. This act shall take effect July 1, 2000.
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23 HOUSE SUMMARY
24
Provides requirements and procedures for the screening of
25 newborns for hearing impairment. Provides legislative
intent and definitions. Provides responsibilities of
26 hospitals, birth centers, and health care providers
attending home births. Provides for the conduct of
27 screenings by certain providers. Specifies timeframes for
newborn hearing screenings. Requires certain education of
28 parents of newborns on the importance of screening and
followup care. Provides for certain insurance and managed
29 care coverage, including Medicaid coverage. Provides for
referral for ongoing care under certain conditions.
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