Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1057 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1057
5	5	February 2, 2024 - Introduced by Representatives DITTRICH, DUCHOW, ANDRACA,
6	6	SUBECK, MURPHY, GUNDRUM, MURSAU, CONLEY, BRANDTJEN, SINICKI and
7	7	RATCLIFF, cosponsored by Senators JAGLER and TESTIN. Referred to Committee
8	8	on Health, Aging and Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 253.13 (6) of the statutes; relating to: the procedure for adding
11	11	federal newborn screening recommendations to the state-required newborn
12	12	screenings, granting rule-making authority, and providing an exemption from
13	13	emergency rule procedures.
14	14	Analysis by the Legislative Reference Bureau
15	15	In general, under current law, newborns must be tested for certain congenital
16	16	and metabolic disorders as specified in rules promulgated by the Department of
17	17	Health Services. The federal Department of Health and Human Services maintains
18	18	a list of disorders for which it recommends testing in newborns, known as the federal
19	19	Recommended Uniform Screening Panel (RUSP).
20	20	Under this bill, DHS must evaluate each disorder that is included in the RUSP
21	21	as of January 1, 2024, to determine whether newborns in this state should be tested
22	22	for that disorder. This requirement does not apply to any disorder in the RUSP if,
23	23	as of January 1, 2024, the disorder is already included in the list of disorders for
24	24	which newborns must be tested in this state. In addition, the bill requires DHS to
25	25	evaluate any disorder added to the RUSP after January 1, 2024, to determine
26	26	whether newborns in this state should be tested for that newly added disorder. If
27	27	DHS determines newborns should not be tested for the disorder, DHS must annually
28	28	review medical literature and the department's capacity and resources to test for the
29	29	disorder in order to determine whether to reevaluate the inclusion of the disorder in
30	30	newborn testing in this state. If, in any of these evaluations or reevaluations, DHS
31	31	determines that a disorder in the RUSP should be added to the list of disorders for
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37	37	ASSEMBLY BILL 1057
38	38	which newborns must be tested in this state, the bill requires DHS to promulgate
39	39	rules to add that disorder.
40	40	The requirements for evaluations, reviews, and reevaluations under the bill do
41	41	not apply to a disorder in the RUSP if DHS is in the process of adding, by rule, the
42	42	disorder to the list of disorders for which newborns must be tested in this state.
43	43	However, if the rule-making procedure for that disorder does not result in
44	44	promulgation of a rule, then DHS must consider the disorder under the review and
45	45	reevaluation procedures under the bill.
46	46	For further information see the state fiscal estimate, which will be printed as
47	47	an appendix to this bill.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 253.13 (6) of the statutes is created to read:
51	51	253.13 (6) FEDERAL RECOMMENDATIONS; EVALUATION PROCEDURE. (a) Initial
52	52	evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal
53	53	recommended uniform screening panel approved by the federal Department of
54	54	Health and Human Services after January 1, 2024, and that is not included in the
55	55	list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all
56	56	of the following within 18 months after the addition of the disorder:
57	57	a. Conduct an initial evaluation to determine whether the disorder should be
58	58	included in the testing required under this section.
59	59	b. If the department determines that the disorder should be included in the
60	60	testing required under this section, commence rule making to add the disorder to the
61	61	list under s. DHS 115.04, Wis. Adm. Code.
62	62	2. This paragraph does not apply to any disorder included in the federal
63	63	recommended uniform screening panel that will be added to the list of disorders
64	64	under s. 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
65	65	department has commenced rule-making procedures as of the effective date of this
66	66	subdivision .... [LRB inserts date].
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86	86	SECTION 1
87	87	ASSEMBLY BILL 1057
88	88	(b) Annual review. 1. Subject to subd. 2., the department shall do all of the
89	89	following on an annual basis for any disorder the department determines in an initial
90	90	evaluation under par. (a) or a reevaluation under par. (c) should not be included in
91	91	the testing required under this section and for any disorder that was the subject of
92	92	rule making under par. (a) 2. or 2023 Wisconsin Act .... (this act), section 2 (2), that
93	93	did not result in the promulgation of a rule:
94	94	a. Review the medical literature published on the disorder since the initial
95	95	evaluation or the commencement of rule making under par. (a) 2. or 2023 Wisconsin
96	96	Act .... (this act), section 2 (2), to determine whether new information has been
97	97	identified that would merit a reevaluation of whether testing for the disorder should
98	98	be included in the testing required under this section.
99	99	b. Determine whether the department has the capacity and resources needed
100	100	to include testing for the disorder in the testing required under this section.
101	101	2. This paragraph does not apply to any disorder that is removed from the
102	102	federal recommended uniform screening panel.
103	103	(c) Reevaluation. If the department finds in an annual review under par. (b)
104	104	that new information has been identified that would merit a reevaluation of whether
105	105	testing for a disorder should be included in the testing required under this section
106	106	or that the department has the capacity and resources needed to include testing for
107	107	the disorder in the testing required under this section, the department shall do all
108	108	of the following within 18 months of completing the annual review:
109	109	1. Conduct a reevaluation to determine whether testing for the disorder should
110	110	be included in the testing required under this section.
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135	135	SECTION 1 ASSEMBLY BILL 1057
136	136	2. If the department determines in the reevaluation that testing for a disorder
137	137	should be included in the testing required under this section, commence rule making
138	138	to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
139	139	(d) Emergency rule making. The department may use the procedure under s.
140	140	227.24 to promulgate a rule under this subsection or 2023 Wisconsin Act .... (this act),
141	141	section 2 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is not
142	142	required to provide evidence that promulgating a rule under this paragraph as an
143	143	emergency rule is necessary for the preservation of the public peace, health, safety,
144	144	or welfare and is not required to provide a finding of emergency for a rule
145	145	promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the
146	146	department submits in proposed form a permanent rule to the legislative council
147	147	staff under s. 227.15 (1) within 15 months of the date the statement of scope of the
148	148	emergency rule promulgated under this paragraph is published in the register under
149	149	s. 227.135 (3), the emergency rule remains in effect until the date on which the
150	150	permanent rule takes effect or the date on which the statement of scope expires
151	151	under s. 227.135 (5), whichever occurs first.
152	152	(e) Implementation. The department shall ensure that testing for any disorder
153	153	added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with
154	154	this subsection begins within 6 months after the date of publication, as defined in s.
155	155	227.22 (1), of the rule.
156	156	SECTION 2.0Nonstatutory provisions.
157	157	(1) For any disorder included in the federal recommended uniform screening
158	158	panel approved by the federal Department of Health and Human Services as of
159	159	January 1, 2024, that is not included in the list of disorders under s. DHS 115.04, Wis.
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186	186	SECTION 2
187	187	ASSEMBLY BILL 1057
188	188	Adm. Code, on the effective date of this subsection, the department of health services
189	189	shall do all of the following within 18 months of the effective date of this subsection:
190	190	(a) Evaluate whether the disorder should be included in the testing required
191	191	under s. 253.13 (1).
192	192	(b) If, in its evaluation, the department of health services determines that the
193	193	disorder should be included in the testing required under s. 253.13 (1), commence
194	194	rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
195	195	(2) Subsection (1) does not apply to any disorder included in the federal
196	196	recommended uniform screening panel that will be added to the list of disorders
197	197	under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
198	198	department of health services has commenced the rule-making procedure as of the
199	199	effective date of this subsection.
200	200	(3) The department of health services shall ensure that testing for any disorder
201	201	added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with
202	202	sub. (1) begins within 6 months after the date of publication, as defined in s. 227.22
203	203	(1), of the rule.
204	204	(END)
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