S T A T E O F N E W Y O R K
________________________________________________________________________
11240
I N A S S E M B L Y
May 25, 2010
___________
Introduced by M. of A. SKARTADOS, GOTTFRIED -- (at request of the
Department of Health) -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to newborn hearing
screening results
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2500-g of the public health law, as added by chap-
ter 585 of the laws of 1999, is amended to read as follows:
S 2500-g. Newborn INFANT hearing screening. 1. The commissioner shall,
within the amounts appropriated therefor, and in consultation with
health care providers or their representatives, establish a program to
screen newborn infants for hearing problems. This program shall incorpo-
rate consensus medical guidelines and protocols, reflecting the most
cost-effective methods for detecting hearing problems as early as possi-
ble in an infant's life. The program shall provide for follow-up screen-
ing including referrals for screening or care. Such program shall also
provide for the reimbursement of health care providers performing such
services under the program.
2. It shall be the duty of the administrative officer[,] or other
designated person[,] at each [institution] FACILITY LICENSED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THIS CHAPTER caring for newborn infants, to
either administer [such a program or] A HEARING SCREENING UPON EACH SUCH
NEWBORN INFANT OR, IF THE FACILITY IS NOT REASONABLY ABLE TO SCREEN A
NEWBORN INFANT PRIOR TO DISCHARGE, provide a referral for the [patient]
NEWBORN INFANT to obtain the service following discharge. FACILITIES
SUBJECT TO THE PROVISIONS OF THIS SECTION THAT ADMINISTER A NEWBORN
INFANT HEARING SCREENING SHALL REPORT TO THE DEPARTMENT IN A MANNER AND
FORMAT REQUIRED BY THE COMMISSIONER:
(A) THE RESULTS OF EACH NEWBORN INFANT HEARING SCREENING PERFORMED;
(B) INSTANCES IN WHICH A NEWBORN INFANT HEARING SCREENING IS NOT
PERFORMED ON A NEWBORN INFANT BEFORE SUCH INFANT IS DISCHARGED FROM THE
FACILITY; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15707-04-0
A. 11240 2
(C) SUCH OTHER INFORMATION OR DATA AS MAY BE REQUIRED BY THE COMMIS-
SIONER PURSUANT TO REGULATION TO FULFILL THE PURPOSES OF THIS SECTION.
3. ANY PERSON WHO PERFORMS A NEWBORN INFANT HEARING SCREENING, MEANING
A HEARING SCREENING PERFORMED UPON A NEWBORN INFANT, OTHER THAN A HEAR-
ING SCREENING ADMINISTERED BY A FACILITY PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, OR UPON A CHILD UNDER SIX MONTHS OF AGE, SHALL REPORT TO
THE DEPARTMENT, IN A MANNER AND FORMAT REQUIRED BY THE COMMISSIONER
PURSUANT TO REGULATION:
(A) THE RESULTS OF EACH NEWBORN INFANT HEARING SCREENING PERFORMED;
AND
(B) SUCH OTHER INFORMATION OR DATA AS MAY BE REQUIRED BY THE COMMIS-
SIONER TO FULFILL THE PURPOSES OF THIS SECTION.
4. THE DEPARTMENT SHALL COLLECT AND MAINTAIN THE NEWBORN INFANT HEAR-
ING RESULTS AND INFORMATION PROVIDED PURSUANT TO SUBDIVISIONS TWO AND
THREE OF THIS SECTION IN A STATEWIDE INFORMATION SYSTEM DEVELOPED BY THE
DEPARTMENT FOR SUCH PURPOSE.
5. THE DEPARTMENT SHALL PROVIDE ACCESS TO NEWBORN INFANT HEARING
SCREENING RESULTS AND OTHER INFORMATION OR DATA AS DETERMINED BY THE
DEPARTMENT TO THE FOLLOWING PERSONS OR ENTITIES FOR THE FOLLOWING
PURPOSES:
(A) THE COMMISSIONER OF HEALTH FOR THE PURPOSES OF OUTREACH, QUALITY
IMPROVEMENT AND ACCOUNTABILITY, RESEARCH, AND EPIDEMIOLOGICAL STUDIES
AND DISEASE CONTROL;
(B) THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE FOR THE CITY OF NEW
YORK AND LOCAL HEALTH DEPARTMENTS FOR PURPOSES OF OUTREACH, QUALITY
IMPROVEMENT AND ACCOUNTABILITY, RESEARCH, EPIDEMIOLOGICAL STUDIES AND
DISEASE CONTROL;
(C) HEALTH CARE PROFESSIONALS LICENSED UNDER TITLE EIGHT OF THE EDUCA-
TION LAW AND THEIR DESIGNEES FOR THE PURPOSES OF DETERMINING, WITH
RESPECT TO NEWBORN INFANTS OR CHILDREN UNDER THEIR CARE, WHETHER A
NEWBORN INFANT HEARING SCREENING WAS PERFORMED, WHETHER A RE-SCREENING
OR OTHER FOLLOW-UP IS NECESSARY, TO ENTER NEWBORN INFANT HEARING SCREEN-
ING RESULTS AND DATA, AND FOR TREATMENT PURPOSES;
(D) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER
THAT ADMINISTERS A NEWBORN INFANT HEARING SCREENING FOR THE PURPOSES OF
ENTERING NEWBORN INFANT HEARING SCREENING RESULTS AND DATA INTO THE
STATEWIDE INFORMATION SYSTEM AND DETERMINING WHETHER A SCREENING,
RE-SCREENING OR OTHER FOLLOW-UP IS NECESSARY;
(E) THIRD PARTY PAYERS AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION TWO
OF SECTION TWENTY-ONE HUNDRED SIXTY-EIGHT OF THIS CHAPTER FOR THE
PURPOSES OF QUALITY ASSURANCE, ACCOUNTABILITY AND OUTREACH RELATING TO
ENROLLEES COVERED BY THE THIRD PARTY PAYER; AND
(F) A COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT WITH REGARD TO
NEWBORN INFANTS OR CHILDREN IN HIS OR HER LEGAL CUSTODY.
6. ALL NEWBORN HEARING SCREENING RESULTS AND OTHER INFORMATION OR DATA
MAINTAINED BY THE DEPARTMENT SHALL BE CONFIDENTIAL AND SHALL NOT BE
DISCLOSED EXCEPT AS PROVIDED FOR IN THIS SECTION. THE PARENT OR GUARDI-
AN OF A NEWBORN INFANT OR CHILD FOR WHOM A NEWBORN INFANT HEARING
SCREENING WAS PERFORMED MAY OBTAIN A COPY OF THE NEWBORN INFANT HEARING
SCREENING RESULTS FROM:
(A) THE FACILITY THAT ADMINISTERED THE NEWBORN INFANT HEARING SCREEN-
ING;
(B) THE PERSON WHO PERFORMED THE SCREENING, IF THE SCREENING WAS NOT
ADMINISTERED AT A FACILITY SUBJECT TO THE PROVISIONS OF THIS SECTION; OR
A. 11240 3
(C) THE STATEWIDE INFORMATION SYSTEM THAT MAINTAINS THE RESULTS BY
REQUESTING THE RECORD PURSUANT TO PROCEDURES ESTABLISHED BY THE COMMIS-
SIONER IN REGULATION.
S 2. Paragraph (c) of subdivision 4 of section 2168 of the public
health law, as amended by section 7 of part A of chapter 58 of the laws
of 2009, is amended and a new paragraph (c-1) is added to read as
follows:
(c) Any data collected by the department may be included in the state-
wide immunization information system and the statewide registry of lead
levels of children if collection, storage and access of such data is
otherwise authorized. Such data may be disclosed to the statewide immun-
ization information system only if provided for in statute [and] OR
regulation, and shall be subject to any provisions in such statute or
regulation limiting the use or redisclosure of the data. Nothing
contained in this paragraph shall permit inclusion of data in the state-
wide immunization information system if that data could not otherwise be
accessed or disclosed in the absence of the system. For the city of New
York the commissioner of health and mental hygiene may include data
collected in the citywide immunization registry as provided in this
paragraph.
(C-1) THE DEPARTMENT MAY REQUIRE THE COLLECTION OF, MAINTENANCE AND
ACCESS TO NEWBORN INFANT HEARING SCREENING DATA AND RESULTS THROUGH THE
STATEWIDE IMMUNIZATION INFORMATION SYSTEM IN ACCORDANCE WITH SECTION
TWENTY-FIVE HUNDRED-G OF THIS CHAPTER.
S 3. This act shall take effect January 1, 2011.