Bill Text: TX SB229 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to newborn hearing screenings and hearing services for certain children.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB229 Detail]

Download: Texas-2011-SB229-Enrolled.html
 
 
  S.B. No. 229
 
 
 
 
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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 229 passed the Senate on
  April 7, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 229 passed the House, with
  amendment, on May 23, 2011, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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