Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB962 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 SENATE BILL 962
5	5	January 26, 2024 - Introduced by Senators JAGLER and TESTIN, cosponsored by
6	6	Representatives DITTRICH, DUCHOW, SUBECK, MURPHY, GUNDRUM, MURSAU,
7	7	ANDRACA, CONLEY, BRANDTJEN and SINICKI. Referred to Committee on Health.
8	8	AN ACT to create 253.13 (6) of the statutes; relating to: the procedure for adding
9	9	federal newborn screening recommendations to the state-required newborn
10	10	screenings, granting rule-making authority, and providing an exemption from
11	11	emergency rule procedures.
12	12	Analysis by the Legislative Reference Bureau
13	13	In general, under current law, newborns must be tested for certain congenital
14	14	and metabolic disorders as specified in rules promulgated by the Department of
15	15	Health Services. The federal Department of Health and Human Services maintains
16	16	a list of disorders for which it recommends testing in newborns, known as the federal
17	17	Recommended Uniform Screening Panel (RUSP).
18	18	Under this bill, DHS must evaluate each disorder that is included in the RUSP
19	19	as of January 1, 2024, to determine whether newborns in this state should be tested
20	20	for that disorder. This requirement does not apply to any disorder in the RUSP if,
21	21	as of January 1, 2024, the disorder is already included in the list of disorders for
22	22	which newborns must be tested in this state. In addition, the bill requires DHS to
23	23	evaluate any disorder added to the RUSP after January 1, 2024, to determine
24	24	whether newborns in this state should be tested for that newly added disorder. If
25	25	DHS determines newborns should not be tested for the disorder, DHS must annually
26	26	review medical literature and the department's capacity and resources to test for the
27	27	disorder in order to determine whether to reevaluate the inclusion of the disorder in
28	28	newborn testing in this state. If, in any of these evaluations or reevaluations, DHS
29	29	determines that a disorder in the RUSP should be added to the list of disorders for
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35	35	SENATE BILL 962
36	36	which newborns must be tested in this state, the bill requires DHS to promulgate
37	37	rules to add that disorder.
38	38	The requirements for evaluations, reviews, and reevaluations under the bill do
39	39	not apply to a disorder in the RUSP if DHS is in the process of adding, by rule, the
40	40	disorder to the list of disorders for which newborns must be tested in this state.
41	41	However, if the rule-making procedure for that disorder does not result in
42	42	promulgation of a rule, then DHS must consider the disorder under the review and
43	43	reevaluation procedures under the bill.
44	44	For further information see the state fiscal estimate, which will be printed as
45	45	an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 253.13 (6) of the statutes is created to read:
49	49	253.13 (6) FEDERAL RECOMMENDATIONS; EVALUATION PROCEDURE. (a) Initial
50	50	evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal
51	51	recommended uniform screening panel approved by the federal Department of
52	52	Health and Human Services after January 1, 2024, and that is not included in the
53	53	list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all
54	54	of the following within 18 months after the addition of the disorder:
55	55	a. Conduct an initial evaluation to determine whether the disorder should be
56	56	included in the testing required under this section.
57	57	b. If the department determines that the disorder should be included in the
58	58	testing required under this section, commence rule making to add the disorder to the
59	59	list under s. DHS 115.04, Wis. Adm. Code.
60	60	2. This paragraph does not apply to any disorder included in the federal
61	61	recommended uniform screening panel that will be added to the list of disorders
62	62	under s. 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
63	63	department has commenced rule-making procedures as of the effective date of this
64	64	subdivision .... [LRB inserts date].
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84	84	SECTION 1
85	85	SENATE BILL 962
86	86	(b) Annual review. 1. Subject to subd. 2., the department shall do all of the
87	87	following on an annual basis for any disorder the department determines in an initial
88	88	evaluation under par. (a) or a reevaluation under par. (c) should not be included in
89	89	the testing required under this section and for any disorder that was the subject of
90	90	rule making under par. (a) 2. or 2023 Wisconsin Act .... (this act), section 2 (2), that
91	91	did not result in the promulgation of a rule:
92	92	a. Review the medical literature published on the disorder since the initial
93	93	evaluation or the commencement of rule making under par. (a) 2. or 2023 Wisconsin
94	94	Act .... (this act), section 2 (2), to determine whether new information has been
95	95	identified that would merit a reevaluation of whether testing for the disorder should
96	96	be included in the testing required under this section.
97	97	b. Determine whether the department has the capacity and resources needed
98	98	to include testing for the disorder in the testing required under this section.
99	99	2. This paragraph does not apply to any disorder that is removed from the
100	100	federal recommended uniform screening panel.
101	101	(c) Reevaluation. If the department finds in an annual review under par. (b)
102	102	that new information has been identified that would merit a reevaluation of whether
103	103	testing for a disorder should be included in the testing required under this section
104	104	or that the department has the capacity and resources needed to include testing for
105	105	the disorder in the testing required under this section, the department shall do all
106	106	of the following within 18 months of completing the annual review:
107	107	1. Conduct a reevaluation to determine whether testing for the disorder should
108	108	be included in the testing required under this section.
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133	133	SECTION 1 SENATE BILL 962
134	134	2. If the department determines in the reevaluation that testing for a disorder
135	135	should be included in the testing required under this section, commence rule making
136	136	to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
137	137	(d) Emergency rule making. The department may use the procedure under s.
138	138	227.24 to promulgate a rule under this subsection or 2023 Wisconsin Act .... (this act),
139	139	section 2 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is not
140	140	required to provide evidence that promulgating a rule under this paragraph as an
141	141	emergency rule is necessary for the preservation of the public peace, health, safety,
142	142	or welfare and is not required to provide a finding of emergency for a rule
143	143	promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the
144	144	department submits in proposed form a permanent rule to the legislative council
145	145	staff under s. 227.15 (1) within 15 months of the date the statement of scope of the
146	146	emergency rule promulgated under this paragraph is published in the register under
147	147	s. 227.135 (3), the emergency rule remains in effect until the date on which the
148	148	permanent rule takes effect or the date on which the statement of scope expires
149	149	under s. 227.135 (5), whichever occurs first.
150	150	(e) Implementation. The department shall ensure that testing for any disorder
151	151	added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with
152	152	this subsection begins within 6 months after the date of publication, as defined in s.
153	153	227.22 (1), of the rule.
154	154	SECTION 2.0Nonstatutory provisions.
155	155	(1) For any disorder included in the federal recommended uniform screening
156	156	panel approved by the federal Department of Health and Human Services as of
157	157	January 1, 2024, that is not included in the list of disorders under s. DHS 115.04, Wis.
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184	184	SECTION 2
185	185	SENATE BILL 962
186	186	Adm. Code, on the effective date of this subsection, the department of health services
187	187	shall do all of the following within 18 months of the effective date of this subsection:
188	188	(a) Evaluate whether the disorder should be included in the testing required
189	189	under s. 253.13 (1).
190	190	(b) If, in its evaluation, the department of health services determines that the
191	191	disorder should be included in the testing required under s. 253.13 (1), commence
192	192	rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
193	193	(2) Subsection (1) does not apply to any disorder included in the federal
194	194	recommended uniform screening panel that will be added to the list of disorders
195	195	under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
196	196	department of health services has commenced the rule-making procedure as of the
197	197	effective date of this subsection.
198	198	(3) The department of health services shall ensure that testing for any disorder
199	199	added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with
200	200	sub. (1) begins within 6 months after the date of publication, as defined in s. 227.22
201	201	(1), of the rule.
202	202	(END)
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