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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.