82R25851 NAJ-D
By: Nelson S.B. No. 229
(King of Taylor, Naishtat)
Substitute the following for S.B. No. 229: No.
A BILL TO BE ENTITLED
AN ACT
relating to newborn hearing screenings and hearing services for
certain children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (2), Section 47.001, Health and
Safety Code, is amended to read as follows:
(2) "Birthing facility" means:
(A) a hospital licensed under Chapter 241 that
offers obstetrical services [and is located in a county with a
population of more than 50,000]; [or]
(B) a birthing center licensed under Chapter 244;
(C) a children's hospital; or
(D) a facility, maintained or operated by this
state or an agency of this state, that provides obstetrical
services [that is located in a county with a population of more than
50,000 and that has 100 or more births per year].
SECTION 2. Chapter 47, Health and Safety Code, is amended by
adding Section 47.0035 to read as follows:
Sec. 47.0035. REFERRAL TO PROGRAM BY MIDWIFE. (a) In this
section, "midwife" has the meaning assigned by Section 203.002,
Occupations Code.
(b) A midwife who attends the birth of a newborn:
(1) is not required to offer the parents of a newborn a
hearing screening for the newborn for the identification of hearing
loss; and
(2) shall refer the parents of the newborn to a
birthing facility or a provider that participates in the program.
SECTION 3. Section 47.007, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(d) through (g) to read as follows:
(a) The department shall provide each birthing facility
that provides newborn hearing screening under the state's medical
assistance program provided under Chapter 32, Human Resources Code,
with access to the appropriate information management, reporting,
and tracking system [software] for the program. The information
management, reporting, and tracking system must be capable of
providing the department with information and data necessary to
plan, monitor, and evaluate the program, including the program's
screening, follow-up, diagnostic, and intervention components.
(c) A birthing facility described by Subsection (a) shall
report the resulting information in the format and within the time
frame specified by the department.
(d) A qualified hearing screening provider, audiologist,
intervention specialist, educator, or other person who receives a
referral from a program under this chapter shall:
(1) provide the services needed by the child or refer
the child to a person who provides the services needed by the child;
and
(2) provide, with the consent of the child's parent,
the following information to the department or the department's
designee:
(A) results of follow-up care;
(B) results of audiologic testing of infants
identified with hearing loss; and
(C) reports on the initiation of intervention
services.
(e) A qualified hearing screening provider, audiologist,
intervention specialist, educator, or other person who provides
services to infants who are diagnosed with hearing loss shall
provide, with the consent of the infant's parent, the following
information to the department or the department's designee:
(1) results of follow-up services;
(2) results of audiologic testing of infants
identified with hearing loss; and
(3) reports on the initiation of intervention
services.
(f) A hospital that provides services under this chapter
shall use the information management, reporting, and tracking
system, which the department has provided the hospital with access
to, to report, with the consent of the infant's parent, the
following information to the department or the department's
designee:
(1) results of all follow-up services for infants who
do not pass the birth admission screening if the hospital provides
the follow-up services; or
(2) the name of the provider or facility where the
hospital refers an infant who does not pass the birth admission
screening for follow-up services.
(g) The department shall ensure that the written consent of
a parent is obtained before any information individually
identifying the newborn or infant is released through the
information management, reporting, and tracking system.
SECTION 4. Section 47.002, Health and Safety Code, is
repealed.
SECTION 5. Notwithstanding Subdivision (2), Section
47.001, Health and Safety Code, as amended by this Act, the change
in law made by this Act applies only to a birth admission at a
birthing facility on or after September 1, 2012.
SECTION 6. This Act takes effect September 1, 2011.