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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1057
February 2, 2024 - Introduced by Representatives DITTRICH, DUCHOW, ANDRACA,
SUBECK, MURPHY, GUNDRUM, MURSAU, CONLEY, BRANDTJEN, SINICKI and
RATCLIFF, cosponsored by Senators JAGLER and TESTIN. Referred to Committee
on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 253.13 (6) of the statutes; relating to: the procedure for adding
federal newborn screening recommendations to the state-required newborn
screenings, granting rule-making authority, and providing an exemption from
emergency rule procedures.
Analysis by the Legislative Reference Bureau
In general, under current law, newborns must be tested for certain congenital
and metabolic disorders as specified in rules promulgated by the Department of
Health Services. The federal Department of Health and Human Services maintains
a list of disorders for which it recommends testing in newborns, known as the federal
Recommended Uniform Screening Panel (RUSP).
Under this bill, DHS must evaluate each disorder that is included in the RUSP
as of January 1, 2024, to determine whether newborns in this state should be tested
for that disorder. This requirement does not apply to any disorder in the RUSP if,
as of January 1, 2024, the disorder is already included in the list of disorders for
which newborns must be tested in this state. In addition, the bill requires DHS to
evaluate any disorder added to the RUSP after January 1, 2024, to determine
whether newborns in this state should be tested for that newly added disorder. If
DHS determines newborns should not be tested for the disorder, DHS must annually
review medical literature and the department's capacity and resources to test for the
disorder in order to determine whether to reevaluate the inclusion of the disorder in
newborn testing in this state. If, in any of these evaluations or reevaluations, DHS
determines that a disorder in the RUSP should be added to the list of disorders for
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which newborns must be tested in this state, the bill requires DHS to promulgate
rules to add that disorder.
The requirements for evaluations, reviews, and reevaluations under the bill do
not apply to a disorder in the RUSP if DHS is in the process of adding, by rule, the
disorder to the list of disorders for which newborns must be tested in this state.
However, if the rule-making procedure for that disorder does not result in
promulgation of a rule, then DHS must consider the disorder under the review and
reevaluation procedures under the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 253.13 (6) of the statutes is created to read:
253.13 (6) FEDERAL RECOMMENDATIONS; EVALUATION PROCEDURE. (a) Initial
evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal
recommended uniform screening panel approved by the federal Department of
Health and Human Services after January 1, 2024, and that is not included in the
list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all
of the following within 18 months after the addition of the disorder:
a. Conduct an initial evaluation to determine whether the disorder should be
included in the testing required under this section.
b. If the department determines that the disorder should be included in the
testing required under this section, commence rule making to add the disorder to the
list under s. DHS 115.04, Wis. Adm. Code.
2. This paragraph does not apply to any disorder included in the federal
recommended uniform screening panel that will be added to the list of disorders
under s. 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
department has commenced rule-making procedures as of the effective date of this
subdivision .... [LRB inserts date].
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(b) Annual review. 1. Subject to subd. 2., the department shall do all of the
following on an annual basis for any disorder the department determines in an initial
evaluation under par. (a) or a reevaluation under par. (c) should not be included in
the testing required under this section and for any disorder that was the subject of
rule making under par. (a) 2. or 2023 Wisconsin Act .... (this act), section 2 (2), that
did not result in the promulgation of a rule:
a. Review the medical literature published on the disorder since the initial
evaluation or the commencement of rule making under par. (a) 2. or 2023 Wisconsin
Act .... (this act), section 2 (2), to determine whether new information has been
identified that would merit a reevaluation of whether testing for the disorder should
be included in the testing required under this section.
b. Determine whether the department has the capacity and resources needed
to include testing for the disorder in the testing required under this section.
2. This paragraph does not apply to any disorder that is removed from the
federal recommended uniform screening panel.
(c) Reevaluation. If the department finds in an annual review under par. (b)
that new information has been identified that would merit a reevaluation of whether
testing for a disorder should be included in the testing required under this section
or that the department has the capacity and resources needed to include testing for
the disorder in the testing required under this section, the department shall do all
of the following within 18 months of completing the annual review:
1. Conduct a reevaluation to determine whether testing for the disorder should
be included in the testing required under this section.
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2. If the department determines in the reevaluation that testing for a disorder
should be included in the testing required under this section, commence rule making
to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
(d) Emergency rule making. The department may use the procedure under s.
227.24 to promulgate a rule under this subsection or 2023 Wisconsin Act .... (this act),
section 2 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is not
required to provide evidence that promulgating a rule under this paragraph as an
emergency rule is necessary for the preservation of the public peace, health, safety,
or welfare and is not required to provide a finding of emergency for a rule
promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the
department submits in proposed form a permanent rule to the legislative council
staff under s. 227.15 (1) within 15 months of the date the statement of scope of the
emergency rule promulgated under this paragraph is published in the register under
s. 227.135 (3), the emergency rule remains in effect until the date on which the
permanent rule takes effect or the date on which the statement of scope expires
under s. 227.135 (5), whichever occurs first.
(e) Implementation. The department shall ensure that testing for any disorder
added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with
this subsection begins within 6 months after the date of publication, as defined in s.
227.22 (1), of the rule.
SECTION 2.0Nonstatutory provisions.
(1) For any disorder included in the federal recommended uniform screening
panel approved by the federal Department of Health and Human Services as of
January 1, 2024, that is not included in the list of disorders under s. DHS 115.04, Wis.
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SECTION 2
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Adm. Code, on the effective date of this subsection, the department of health services
shall do all of the following within 18 months of the effective date of this subsection:
(a) Evaluate whether the disorder should be included in the testing required
under s. 253.13 (1).
(b) If, in its evaluation, the department of health services determines that the
disorder should be included in the testing required under s. 253.13 (1), commence
rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
(2) Subsection (1) does not apply to any disorder included in the federal
recommended uniform screening panel that will be added to the list of disorders
under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
department of health services has commenced the rule-making procedure as of the
effective date of this subsection.
(3) The department of health services shall ensure that testing for any disorder
added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with
sub. (1) begins within 6 months after the date of publication, as defined in s. 227.22
(1), of the rule.
(END)
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