ENROLLED
       2024 Legislature                                   CS for SB 168
       
       
       
       
       
       
                                                              2024168er
    1  
    2         An act relating to congenital cytomegalovirus
    3         screenings; amending s. 383.145, F.S.; requiring
    4         certain hospitals to administer congenital
    5         cytomegalovirus screenings on newborns admitted to the
    6         hospital under specified circumstances; requiring that
    7         the screenings be initiated within a specified
    8         timeframe; providing construction; providing coverage
    9         under the Medicaid program for the screenings and any
   10         medically necessary follow-up reevaluations; requiring
   11         that newborns diagnosed with congenital
   12         cytomegalovirus be referred to a primary care
   13         physician for medical management, treatment, and
   14         follow-up services; requiring that children diagnosed
   15         with a congenital cytomegalovirus infection without
   16         hearing loss be referred to the Children’s Medical
   17         Services Early Intervention Program and be deemed
   18         eligible for evaluation and any medically necessary
   19         follow-up reevaluations and monitoring under the
   20         program; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraphs (a), (k), and (l) of subsection (3)
   25  of section 383.145, Florida Statutes, are amended to read:
   26         383.145 Newborn and infant hearing screening.—
   27         (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
   28  COVERAGE; REFERRAL FOR ONGOING SERVICES.—
   29         (a)1. Each hospital or other state-licensed birthing
   30  facility that provides maternity and newborn care services shall
   31  ensure that all newborns are, before discharge, screened for the
   32  detection of hearing loss to prevent the consequences of
   33  unidentified disorders. If a newborn fails the screening for the
   34  detection of hearing loss, the hospital or other state-licensed
   35  birthing facility must administer a test approved by the United
   36  States Food and Drug Administration or another diagnostically
   37  equivalent test on the newborn to screen for congenital
   38  cytomegalovirus before the newborn becomes 21 days of age or
   39  before discharge, whichever occurs earlier.
   40         2. Each hospital that provides neonatal intensive care
   41  services shall administer a test approved by the United States
   42  Food and Drug Administration or another diagnostically
   43  equivalent test to screen for congenital cytomegalovirus in each
   44  newborn admitted to the hospital as a result of a premature
   45  birth occurring before 35 weeks’ gestation, for cardiac care, or
   46  for medical or surgical treatment requiring an anticipated stay
   47  of 3 weeks or longer. Such screening must be initiated before
   48  the newborn becomes 21 days of age.
   49         3. If a newborn requires transfer to another hospital for a
   50  higher level of care, the receiving hospital must initiate the
   51  congenital cytomegalovirus screening if it was not already
   52  performed by the transferring hospital or birthing facility. For
   53  newborns transferred or admitted for intensive and prolonged
   54  care, the congenital cytomegalovirus screening must be initiated
   55  regardless of whether the newborn failed a hearing screening.
   56         (k) The initial procedures procedure for the congenital
   57  cytomegalovirus screening and the hearing screening of the
   58  newborn or infant and any medically necessary follow-up
   59  reevaluations leading to diagnosis are shall be a covered
   60  benefits benefit for Medicaid patients covered by a fee-for
   61  service program. For Medicaid patients enrolled in HMOs,
   62  providers must shall be reimbursed directly by the Medicaid
   63  Program Office at the Medicaid rate. This service is may not be
   64  considered a covered service for the purposes of establishing
   65  the payment rate for Medicaid HMOs. All health insurance
   66  policies and health maintenance organizations as provided under
   67  ss. 627.6416, 627.6579, and 641.31(30), except for supplemental
   68  policies that only provide coverage for specific diseases,
   69  hospital indemnity, or Medicare supplement, or to the
   70  supplemental policies, must shall compensate providers for the
   71  covered benefit at the contracted rate. Nonhospital-based
   72  providers are eligible to bill Medicaid for the professional and
   73  technical component of each procedure code.
   74         (l) A child who is diagnosed as having permanent hearing
   75  loss or a congenital cytomegalovirus infection must be referred
   76  to the primary care physician for medical management, treatment,
   77  and follow-up services. Furthermore, in accordance with Part C
   78  of the Individuals with Disabilities Education Act, Pub. L. No.
   79  108-446, Infants and Toddlers with Disabilities, any child from
   80  birth to 36 months of age who is diagnosed as having hearing
   81  loss that requires ongoing special hearing services must be
   82  referred to the Children’s Medical Services Early Intervention
   83  Program serving the geographical area in which the child
   84  resides. A child diagnosed with a congenital cytomegalovirus
   85  infection without hearing loss must be referred to the
   86  Children’s Medical Services Early Intervention Program and be
   87  deemed eligible for a baseline evaluation and any medically
   88  necessary follow-up reevaluations and monitoring.
   89         Section 2. This act shall take effect July 1, 2024.