FL
Florida House Bill H1073

Florida 2022 Regular Session

Florida House Bill H1073 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to newborn screenings; amending s. 2
1616 383.145, F.S.; providing and revising definitions; 3
1717 requiring hospitals and other state -licensed birthing 4
1818 facilities to test for congenital cytomegalovirus in 5
1919 newborns within a specified timeframe under certain 6
2020 circumstances; revising the timeframe within which 7
2121 health care providers attending home births must make 8
22-referrals; providing that a newborn's primary health 9
23-care provider is responsible for coordinating such 10
24-referrals under certain circumstances; requiring a 11
25-newborn's primary health care provider to refer the 12
26-newborn for testing for congenital cytomegalovirus 13
27-under certain circumstances; revising the ti meframe 14
28-within which hospitals must complete newborn hearing 15
29-screenings that were not completed before discharge 16
30-due to scheduling or temporary staffing limitations; 17
31-requiring that certain test results be reported to the 18
32-Department of Health within a speci fied timeframe; 19
33-removing a requirement that the parents of certain 20
34-newborns be instructed on and provided specified 21
35-information; removing obsolete language; removing a 22
36-requirement that certain uninsured persons be provided 23
37-a list of specified providers; pr oviding an effective 24
38-date. 25
22+certain referrals; requiring certain health ca re 9
23+providers practicing in the primary care setting to 10
24+screen newborns in their care for hearing loss within 11
25+a specified timeframe; requiring such providers to 12
26+test such newborns for congenital cytomegalovirus 13
27+within a specified timeframe under certain 14
28+circumstances; revising the timeframe within which 15
29+hospitals must complete newborn hearing screenings 16
30+that were not completed before discharge due to 17
31+scheduling or temporary staffing limitations; 18
32+requiring that certain test results be reported to the 19
33+Department of Health within a specified timeframe; 20
34+removing a requirement that the parents of certain 21
35+newborns be instructed on and provided specified 22
36+information; removing obsolete language; removing a 23
37+requirement that certain uninsured persons be provided 24
38+a list of specified providers; providing an effective 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- 26
52-Be It Enacted by the Legislature of the State of Florida: 27
53- 28
54- Section 1. Section 383.145, Florida Statutes, is amended 29
55-to read: 30
56- 383.145 Newborn and infant hearing screening. — 31
57- (1) LEGISLATIVE INTENT. —It is the intent of the 32
58-Legislature this section is to provide a statewide comprehensive 33
59-and coordinated interdisciplinary program of early hearing loss 34
60-impairment screening, identification, and follow-up followup 35
61-care for newborns. The goal is to screen all newborns for 36
62-hearing loss impairment in order to alleviate the adverse 37
63-effects of hearing loss on speech and language development, 38
64-academic performance, and cognitive development. It is further 39
65-the intent of the Legislature that the provisions of this 40
66-section act only be implemented to the extent that funds are 41
67-specifically included in the General Appropriations Act for 42
68-carrying out the purposes of this section. 43
69- (2) DEFINITIONS.—As used in this section, the term: 44
70- (a) "Audiologist" means a person licensed under part I of 45
71-chapter 468 to practice audiology. 46
72- (a) "Agency" means the Agency for Health Care 47
73-Administration. 48
74- (b) "Department" means the Department of Health. 49
75- (c) "Hearing loss impairment" means a hearing loss of 30 50
51+date. 26
52+ 27
53+Be It Enacted by the Legislature of the State of Florida: 28
54+ 29
55+ Section 1. Section 383.145, Florida Statutes, is amended 30
56+to read: 31
57+ 383.145 Newborn and infant hearing screening. — 32
58+ (1) LEGISLATIVE INTENT.—It is the intent of the 33
59+Legislature this section is to provide a statewide comprehensive 34
60+and coordinated interdisciplinary program of early hearing loss 35
61+impairment screening, identification, and follow-up followup 36
62+care for newborns. The goal is to s creen all newborns for 37
63+hearing loss impairment in order to alleviate the adverse 38
64+effects of hearing loss on speech and language development, 39
65+academic performance, and cognitive development. It is further 40
66+the intent of the Legislature that the provisions of this 41
67+section act only be implemented to the extent that funds are 42
68+specifically included in the General Appropriations Act for 43
69+carrying out the purposes of this section. 44
70+ (2) DEFINITIONS.—As used in this section, the term: 45
71+ (a) "Audiologist" means a pers on licensed under part I of 46
72+chapter 468 to practice audiology. 47
73+ (a) "Agency" means the Agency for Health Care 48
74+Administration. 49
75+ (b) "Department" means the Department of Health. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-dB HL or greater in the frequency region impor tant for speech 51
89-recognition and comprehension in one or both ears, approximately 52
90-500 through 4,000 hertz. 53
91- (d) "Hospital" means a facility as defined in s. 54
92-395.002(13) and licensed under chapter 395 and part II of 55
93-chapter 408. 56
94- (e)(d) "Infant" means an age range from 30 days through 12 57
95-months. 58
96- (f)(e) "Licensed health care provider" means a physician 59
97-or physician assistant licensed under pursuant to chapter 458; 60
98-an osteopathic physician or physician assistant licensed under 61
99-or chapter 459; an advanced practice registered nurse, a 62
100-registered nurse, or a licensed practical nurse licensed under 63
101-part I of pursuant to chapter 464; a midwife licensed under 64
102-chapter 467; or a speech -language pathologist , or an audiologist 65
103-licensed under part I of pursuant to chapter 468, rendering 66
104-services within the scope of his or her license . 67
105- (g)(f) "Management" means the habilitation of the hearing-68
106-impaired child with hearing loss. 69
107- (h)(g) "Newborn" means an age range from birth through 29 70
108-days. 71
109- (i) "Physician" means a person licensed under chapter 458 72
110-to practice medicine or chapter 459 to practice osteopathic 73
111-medicine. 74
112- (j)(h) "Screening" means a test or battery of tests 75
88+ (c) "Hearing loss impairment" means a hearing loss of 30 51
89+dB HL or greater in the frequency region important for speech 52
90+recognition and comprehension in one or both ears, approximately 53
91+500 through 4,000 hertz. 54
92+ (d) "Hospital" means a facility as defined in s. 55
93+395.002(13) and licensed under chapter 395 and part II of 56
94+chapter 408. 57
95+ (e)(d) "Infant" means an age range from 30 days through 12 58
96+months. 59
97+ (f)(e) "Licensed health care provider" means a physician 60
98+or physician assistant licensed under pursuant to chapter 458; 61
99+an osteopathic physician or physician assistant licensed under 62
100+or chapter 459; an advanced practice registered nurse, a 63
101+registered nurse, or a licensed practical nurse licensed under 64
102+part I of pursuant to chapter 464; a midwife licensed under 65
103+chapter 467; or a speech -language pathologist , or an audiologist 66
104+licensed under part I of pursuant to chapter 468, rendering 67
105+services within the scope of his or her license . 68
106+ (g)(f) "Management" means the habilitation of the hearing-69
107+impaired child with hearing loss. 70
108+ (h)(g) "Newborn" means an age range from birth through 29 71
109+days. 72
110+ (i) "Physician" means a person licensed under chapter 458 73
111+to practice medicine or chapter 459 to practice osteopathic 74
112+medicine. 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-administered to determine the need for an in -depth hearing 76
126-diagnostic evaluation. 77
127- (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE 78
128-COVERAGE; REFERRAL FOR ONGOING SERVICES. — 79
129- (a) Each licensed hospital or other state -licensed 80
130-birthing facility that provides maternity and newborn care 81
131-services shall ensure provide that all newborns are, before 82
132-prior to discharge, screened for the detection of hearing loss , 83
133-to prevent the consequences of unidentified disorders. If a 84
134-newborn fails the screening for the detection of hearing loss, 85
135-the hospital or other state -licensed birthing facility must 86
136-administer a test approved by the United States Food and Drug 87
137-Administration or another diagnostically equivalent test on the 88
138-newborn to screen for congenital cytomegalovirus before the 89
139-newborn becomes 21 days of age or before discharge, whic hever 90
140-occurs earlier. 91
141- (b) Each licensed birth center that provides maternity and 92
142-newborn care services shall ensure provide that all newborns 93
143-are, before prior to discharge, referred to an a licensed 94
144-audiologist, a physician licensed under chapter 458 or chapter 95
145-459, or a hospital, or another other newborn hearing screening 96
146-provider, for screening for the detection of hearing loss , to 97
147-prevent the consequences of unidentified disorders. The referral 98
148-for appointment must shall be made within 7 30 days after 99
149-discharge. Written documentation of the referral must be placed 100
125+ (j)(h) "Screening" means a test or battery of tests 76
126+administered to determine the need for an in -depth hearing 77
127+diagnostic evaluation. 78
128+ (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE 79
129+COVERAGE; REFERRAL FOR ONGOING SERVICES. — 80
130+ (a) Each licensed hospital or other state -licensed 81
131+birthing facility that provides maternity and newborn care 82
132+services shall ensure provide that all newborns are, before 83
133+prior to discharge, screened for the detection of hearing loss , 84
134+to prevent the consequences of unidentified disorders. If a 85
135+newborn fails the screening for the detection of hearing loss, 86
136+the hospital or other state -licensed birthing facility must 87
137+administer a test approved by the United States Food and Drug 88
138+Administration or another diagnostically equivalent test on the 89
139+newborn to screen for congenital cytomegalovirus before the 90
140+newborn becomes 21 days of age or before discharge, whic hever 91
141+occurs earlier. 92
142+ (b) Each licensed birth center that provides maternity and 93
143+newborn care services shall ensure provide that all newborns 94
144+are, before prior to discharge, referred to an a licensed 95
145+audiologist, a physician licensed under chapter 458 or chapter 96
146+459, or a hospital, or another other newborn hearing screening 97
147+provider, for screening for the detection of hearing loss , to 98
148+prevent the consequences of unidentified disorders. The referral 99
149+for appointment shall be made within 30 days after discha rge. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-in the newborn's medical chart. 101
163- (c) If the parent or legal guardian of the newborn objects 102
164-to the screening, the screening must not be completed. In such 103
165-case, the physician, midwife, or ot her person who is attending 104
166-the newborn shall maintain a record that the screening has not 105
167-been performed and attach a written objection that must be 106
168-signed by the parent or guardian. 107
169- (d) For home births, the health care provider in 108
170-attendance is respons ible for coordination and referral to an a 109
171-licensed audiologist, a hospital, or another other newborn 110
172-hearing screening provider. The health care provider in 111
173-attendance must make the referral for appointment shall be made 112
174-within 7 30 days after the birth. In cases in which the home 113
175-birth is not attended by a primary health care provider, the 114
176-newborn's primary health care provider is responsible for 115
177-coordinating the a referral to a licensed audiologist, physician 116
178-licensed pursuant to chapter 458 or chapter 4 59, hospital, or 117
179-other newborn hearing screening provider must be made by the 118
180-health care provider within the first 3 months after the child's 119
181-birth. 120
182- (e) For home births and births in a licensed birth center, 121
183-if a newborn is referred to a newborn hearing screening provider 122
184-and the newborn fails the screening for the detection of hearing 123
185-loss, the newborn's primary health care provider must refer the 124
186-newborn for administration of a test approved by the United 125
162+Written documentation of the referral must be placed in the 101
163+newborn's medical chart. 102
164+ (c) If the parent or legal guardian of the newborn objects 103
165+to the screening, the screening must not be completed. In such 104
166+case, the physician, midwife, or other per son who is attending 105
167+the newborn shall maintain a record that the screening has not 106
168+been performed and attach a written objection that must be 107
169+signed by the parent or guardian. 108
170+ (d) For home births, the health care provider in 109
171+attendance is responsible fo r coordination and referral to an a 110
172+licensed audiologist, a physician, a hospital, or another other 111
173+newborn hearing screening provider. The referral for appointment 112
174+must shall be made within 7 30 days after the birth. In cases in 113
175+which the home birth is no t attended by a primary health care 114
176+provider, a referral to a licensed audiologist, physician 115
177+licensed pursuant to chapter 458 or chapter 459, hospital, or 116
178+other newborn hearing screening provider must be made by the 117
179+health care provider within the first 3 months after the child's 118
180+birth. 119
181+ (e) Licensed health care providers practicing in the 120
182+primary care setting must ensure that newborns in their care are 121
183+screened for hearing loss within 21 days after the birth. If a 122
184+newborn fails the screening for the dete ction of hearing loss, 123
185+the licensed health care provider must administer a test 124
186+approved by the United States Food and Drug Administration or 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-States Food and Drug Administration or another diagnostically 126
200-equivalent test on the newborn to screen for congenital 127
201-cytomegalovirus. 128
199+another diagnostically equivalent test on the newborn to screen 126
200+for congenital cytomegalovirus before the newborn becomes 21 127
201+days of age. 128
202202 (f)(e) All newborn and infant hearing screenings must 129
203203 shall be conducted by an a licensed audiologist, a physician 130
204204 licensed under chapter 458 or chapter 459 , or an appropriately 131
205205 supervised individual who has completed documented t raining 132
206206 specifically for newborn hearing screening. Every licensed 133
207207 hospital that provides maternity or newborn care services shall 134
208208 obtain the services of an a licensed audiologist, a physician 135
209209 licensed pursuant to chapter 458 or chapter 459 , or another 136
210210 other newborn hearing screening provider, through employment or 137
211211 contract or written memorandum of understanding, for the 138
212212 purposes of appropriate staff training, screening program 139
213213 supervision, monitoring the scoring and interpretation of test 140
214214 results, rendering of appropriate recommendations, and 141
215215 coordination of appropriate follow-up followup services. 142
216216 Appropriate documentation of the screening completion, results, 143
217217 interpretation, and recommendations must be placed in the 144
218218 medical record within 24 hours after completion of the screening 145
219219 procedure. 146
220220 (g)(f) The screening of a newborn's hearing must should be 147
221221 completed before the newborn is discharged from the hospital. 148
222222 However, if the screening is not completed before discharge due 149
223223 to scheduling or temporary st affing limitations, the screening 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 must be completed within 21 30 days after the birth discharge. 151
237237 Screenings completed after discharge or performed because of 152
238238 initial screening failure must be completed by an audiologist 153
239239 licensed in the state , a physician licensed under chapter 458 or 154
240240 chapter 459, or a hospital, or another other newborn hearing 155
241241 screening provider. 156
242242 (h)(g) Each hospital shall formally designate a lead 157
243243 physician responsible for programmatic oversight for newborn 158
244244 hearing screening. Each birth center shall designate a licensed 159
245245 health care provider to provide such programmatic oversight and 160
246246 to ensure that the appropriate referrals are being completed. 161
247247 (i)(h) When ordered by the treating physician, screening 162
248248 of a newborn's hearing must include a uditory brainstem 163
249249 responses, or evoked otoacoustic otacoustic emissions, or 164
250250 appropriate technology as approved by the United States Food and 165
251251 Drug Administration. 166
252252 (j) The results of any test conducted pursuant to this 167
253253 section, including, but not limited t o, newborn hearing loss 168
254254 screening, congenital cytomegalovirus testing, and any related 169
255255 diagnostic testing, must be reported to the department within 7 170
256256 days after receipt of such results. 171
257257 (i) Newborn hearing screening must be conducted on all 172
258258 newborns in hospitals in this state on birth admission. When a 173
259259 newborn is delivered in a facility other than a hospital, the 174
260260 parents must be instructed on the importance of having the 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 hearing screening performed and must be given information to 176
274274 assist them in having t he screening performed within 3 months 177
275275 after the child's birth. 178
276276 (k)(j) The initial procedure for screening the hearing of 179
277277 the newborn or infant and any medically necessary follow-up 180
278278 followup reevaluations leading to diagnosis shall be a covered 181
279279 benefit for, reimbursable under Medicaid as an expense 182
280280 compensated supplemental to the per diem rate for Medicaid 183
281281 patients enrolled in MediPass or Medicaid patients covered by a 184
282282 fee-for-service fee for service program. For Medicaid patients 185
283283 enrolled in HMOs, provid ers shall be reimbursed directly by the 186
284284 Medicaid Program Office at the Medicaid rate. This service may 187
285285 not be considered a covered service for the purposes of 188
286286 establishing the payment rate for Medicaid HMOs. All health 189
287287 insurance policies and health mainten ance organizations as 190
288288 provided under ss. 627.6416, 627.6579, and 641.31(30), except 191
289289 for supplemental policies that only provide coverage for 192
290290 specific diseases, hospital indemnity, or Medicare supplement, 193
291291 or to the supplemental polices, shall compensate pro viders for 194
292292 the covered benefit at the contracted rate. Nonhospital -based 195
293293 providers are shall be eligible to bill Medicaid for the 196
294294 professional and technical component of each procedure code. 197
295295 (l)(k) A child who is diagnosed as having a permanent 198
296296 hearing loss must impairment shall be referred to the primary 199
297297 care physician for medical management, treatment, and follow-up 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 followup services. Furthermore, in accordance with Part C of the 201
311311 Individuals with Disabilities Education Act, Pub. L. No. 108 -202
312312 446, Infants and Toddlers with Disabilities, any child from 203
313313 birth to 36 months of age who is diagnosed as having a hearing 204
314314 loss impairment that requires ongoing special hearing services 205
315315 must be referred to the Children's Medical Services Early 206
316316 Intervention Program serving the geographical area in which the 207
317317 child resides. 208
318318 (l) Any person who is not covered through insurance and 209
319319 cannot afford the costs for testing shall be given a list of 210
320320 newborn hearing screening providers who provide the necess ary 211
321321 testing free of charge. 212
322322 Section 2. This act shall take effect January 1, 2023. 213