Texas 2011 - 82nd Regular

Texas Senate Bill SB229 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R25851 NAJ-D
2	2	By: Nelson S.B. No. 229
3	3	(King of Taylor, Naishtat)
4	4	Substitute the following for S.B. No. 229: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to newborn hearing screenings and hearing services for
10	10	certain children.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subdivision (2), Section 47.001, Health and
13	13	Safety Code, is amended to read as follows:
14	14	(2) "Birthing facility" means:
15	15	(A) a hospital licensed under Chapter 241 that
16	16	offers obstetrical services [and is located in a county with a
17	17	population of more than 50,000]; [or]
18	18	(B) a birthing center licensed under Chapter 244;
19	19	(C) a children's hospital; or
20	20	(D) a facility, maintained or operated by this
21	21	state or an agency of this state, that provides obstetrical
22	22	services [that is located in a county with a population of more than
23	23	50,000 and that has 100 or more births per year].
24	24	SECTION 2. Chapter 47, Health and Safety Code, is amended by
25	25	adding Section 47.0035 to read as follows:
26	26	Sec. 47.0035. REFERRAL TO PROGRAM BY MIDWIFE. (a) In this
27	27	section, "midwife" has the meaning assigned by Section 203.002,
28	28	Occupations Code.
29	29	(b) A midwife who attends the birth of a newborn:
30	30	(1) is not required to offer the parents of a newborn a
31	31	hearing screening for the newborn for the identification of hearing
32	32	loss; and
33	33	(2) shall refer the parents of the newborn to a
34	34	birthing facility or a provider that participates in the program.
35	35	SECTION 3. Section 47.007, Health and Safety Code, is
36	36	amended by amending Subsections (a) and (c) and adding Subsections
37	37	(d) through (g) to read as follows:
38	38	(a) The department shall provide each birthing facility
39	39	that provides newborn hearing screening under the state's medical
40	40	assistance program provided under Chapter 32, Human Resources Code,
41	41	with access to the appropriate information management, reporting,
42	42	and tracking system [software] for the program. The information
43	43	management, reporting, and tracking system must be capable of
44	44	providing the department with information and data necessary to
45	45	plan, monitor, and evaluate the program, including the program's
46	46	screening, follow-up, diagnostic, and intervention components.
47	47	(c) A birthing facility described by Subsection (a) shall
48	48	report the resulting information in the format and within the time
49	49	frame specified by the department.
50	50	(d) A qualified hearing screening provider, audiologist,
51	51	intervention specialist, educator, or other person who receives a
52	52	referral from a program under this chapter shall:
53	53	(1) provide the services needed by the child or refer
54	54	the child to a person who provides the services needed by the child;
55	55	and
56	56	(2) provide, with the consent of the child's parent,
57	57	the following information to the department or the department's
58	58	designee:
59	59	(A) results of follow-up care;
60	60	(B) results of audiologic testing of infants
61	61	identified with hearing loss; and
62	62	(C) reports on the initiation of intervention
63	63	services.
64	64	(e) A qualified hearing screening provider, audiologist,
65	65	intervention specialist, educator, or other person who provides
66	66	services to infants who are diagnosed with hearing loss shall
67	67	provide, with the consent of the infant's parent, the following
68	68	information to the department or the department's designee:
69	69	(1) results of follow-up services;
70	70	(2) results of audiologic testing of infants
71	71	identified with hearing loss; and
72	72	(3) reports on the initiation of intervention
73	73	services.
74	74	(f) A hospital that provides services under this chapter
75	75	shall use the information management, reporting, and tracking
76	76	system, which the department has provided the hospital with access
77	77	to, to report, with the consent of the infant's parent, the
78	78	following information to the department or the department's
79	79	designee:
80	80	(1) results of all follow-up services for infants who
81	81	do not pass the birth admission screening if the hospital provides
82	82	the follow-up services; or
83	83	(2) the name of the provider or facility where the
84	84	hospital refers an infant who does not pass the birth admission
85	85	screening for follow-up services.
86	86	(g) The department shall ensure that the written consent of
87	87	a parent is obtained before any information individually
88	88	identifying the newborn or infant is released through the
89	89	information management, reporting, and tracking system.
90	90	SECTION 4. Section 47.002, Health and Safety Code, is
91	91	repealed.
92	92	SECTION 5. Notwithstanding Subdivision (2), Section
93	93	47.001, Health and Safety Code, as amended by this Act, the change
94	94	in law made by this Act applies only to a birth admission at a
95	95	birthing facility on or after September 1, 2012.
96	96	SECTION 6. This Act takes effect September 1, 2011.