Florida Senate - 2012                                    SB 1052
       
       
       
       By Senator Ring
       
       
       
       
       32-00926-12                                           20121052__
    1                        A bill to be entitled                      
    2         An act relating to newborn screening for congenital
    3         heart disease; creating s. 383.146, F.S.; providing
    4         definitions; providing requirements for screening
    5         newborns for congenital heart disease; providing for
    6         certain insurance and managed care coverage; providing
    7         for referral for ongoing services; authorizing the
    8         Department of Health to adopt rules to implement the
    9         screening; providing powers and duties of the
   10         department; providing an effective date.
   11  
   12         WHEREAS, congenital heart disease is the most common birth
   13  defect in infants, affecting 8 out of every 1,000 newborn
   14  babies, and
   15         WHEREAS, early detection of congenital heart disease is
   16  crucial to the health of a newborn baby because, if the
   17  condition goes undiagnosed, it can cause major problems later in
   18  the child’s life, and
   19         WHEREAS, pulse oximetry is a noninvasive method of
   20  monitoring the oxygen level in the blood and is recommended as a
   21  method of screening a patient for congenital heart disease, and
   22         WHEREAS, physical exertion and participation in sports can
   23  cause excess stress on the heart and, if the disease is not
   24  detected and is severe enough, participation in strenuous
   25  activity can result in death, NOW, THEREFORE,
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 383.146, Florida Statutes, is created to
   30  read:
   31         383.146 Newborn screening for congenital heart disease.—
   32         (1) DEFINITIONS.—As used in this section, the term:
   33         (a) “Department” means the Department of Health.
   34         (b) “Newborn” means an age range from birth through 29
   35  days.
   36         (c) “Screening” means a test or battery of tests
   37  administered to determine whether a newborn has congenital heart
   38  disease.
   39         (2) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
   40  COVERAGE; REFERRAL FOR ONGOING SERVICES.—
   41         (a) Each licensed hospital or other state-licensed birthing
   42  facility that provides maternity and newborn care services shall
   43  provide that all newborns are, prior to discharge, screened for
   44  congenital heart disease.
   45         (b) Each licensed birth center that provides maternity and
   46  newborn care services shall provide that all newborns are, prior
   47  to discharge, referred to a physician licensed under chapter 458
   48  or chapter 459 or a hospital for screening for the detection of
   49  congenital heart disease. The referral for appointment shall be
   50  made within 10 days after discharge. Written documentation of
   51  the referral must be placed in the newborn’s medical chart.
   52         (c) If the parent or legal guardian of the newborn objects
   53  to the screening, the screening must not be completed
   54  notwithstanding any other provision of this section. In such
   55  case, the physician, midwife, or other person who is attending
   56  the newborn shall maintain a record that the screening has not
   57  been performed and attach a written objection that must be
   58  signed by the parent or guardian.
   59         (d) For home births, the health care provider in attendance
   60  is responsible for the coordination and referral to a physician
   61  licensed under chapter 458 or chapter 459 or a hospital. The
   62  referral for appointment shall be made within 10 days after the
   63  birth. In cases in which the home birth is not attended by a
   64  primary health care provider, a referral to a physician licensed
   65  pursuant to chapter 458 or chapter 459 or a hospital must be
   66  made by the health care provider within 10 days after the
   67  child’s birth.
   68         (e) All newborn and infant screenings shall be conducted by
   69  a physician licensed under chapter 458 or chapter 459.
   70  Appropriate documentation of the screening completion, results,
   71  interpretation, and recommendations must be placed in the
   72  medical record within 24 hours after completion of the screening
   73  procedure.
   74         (f) The screening of a newborn for congenital heart disease
   75  must be completed before the newborn is discharged from the
   76  hospital.
   77         (g) Each hospital shall formally designate a lead physician
   78  responsible for programmatic oversight for newborn congenital
   79  heart disease screening. Each licensed birth center shall
   80  designate a licensed health care provider to provide such
   81  programmatic oversight and to ensure that the appropriate
   82  referrals are being completed.
   83         (h) By October 1, 2012, congenital heart disease screening
   84  must be conducted on all newborns in hospitals in this state on
   85  birth admission. When a newborn is delivered in a facility other
   86  than a hospital, the parents must be instructed on the
   87  importance of having the screening performed and must be given
   88  information to assist them in having the screening performed
   89  within 10 days after the child’s birth.
   90         (i) The initial procedure for screening of the newborn for
   91  congenital heart disease and any medically necessary followup
   92  reevaluations leading to diagnosis shall be a covered benefit,
   93  reimbursable under Medicaid as an expense compensated
   94  supplemental to the per diem rate for Medicaid patients enrolled
   95  in MediPass or Medicaid patients covered by a fee for service
   96  program. For Medicaid patients enrolled in health maintenance
   97  organizations, providers shall be reimbursed directly by the
   98  Medicaid Program Office at the Medicaid rate. This service may
   99  not be considered a covered service for the purposes of
  100  establishing the payment rate for Medicaid health maintenance
  101  organizations. All health insurance policies and health
  102  maintenance organizations as provided under ss. 627.6416,
  103  627.6579, and 641.31(30), except for supplemental policies that
  104  only provide coverage for specific diseases, hospital indemnity,
  105  or Medicare supplement, or to the supplemental polices, shall
  106  compensate providers for the covered benefit at the contracted
  107  rate. Nonhospital-based providers shall be eligible to bill
  108  Medicaid for the professional and technical component of each
  109  procedure code.
  110         (3) RULES.—After consultation with the Genetics and Newborn
  111  Screening Advisory Council, the department shall adopt and
  112  enforce rules requiring that every newborn in this state be
  113  subjected to a test for congenital heart disease. The department
  114  shall adopt such additional rules as are necessary for the
  115  administration of this section, including rules providing
  116  definitions of terms, rules relating to the methods used and
  117  time or times for testing as accepted medical practice
  118  indicates, rules relating to charging and collecting fees for
  119  the administration of the newborn screening program authorized
  120  by this section, rules for processing requests and releasing
  121  test and screening results, and rules requiring mandatory
  122  reporting of the results of tests and screenings for this
  123  condition to the department.
  124         (4) POWERS AND DUTIES OF THE DEPARTMENT.—The department
  125  shall administer and provide services authorized pursuant to
  126  this section and shall:
  127         (a) Ensure the availability and quality of the necessary
  128  laboratory tests and materials.
  129         (b) Furnish all physicians, county health departments,
  130  perinatal centers, birthing centers, and hospitals forms on
  131  which the results of tests for congenital heart disease shall be
  132  reported to the department.
  133         (c) Have the authority to charge and collect fees
  134  sufficient to administer the newborn screening program
  135  authorized under this section.
  136         Section 2. This act shall take effect July 1, 2012.