Bill Text: WV HB2798 | 2022 | Regular Session | Comm Sub
Bill Title: Relating to requiring the Health Department to mandate mucopolysaccharidosis type 1 (MPS1) test for newborn babies, to be known as Embie’s Law
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Engrossed - Dead) 2022-03-09 - Referred to Finance on 2nd reading [HB2798 Detail]
Download: West_Virginia-2022-HB2798-Comm_Sub.html
WEST virginia legislature
2022 regular session
Committee Substitute
for
House Bill 2798
By Delegates Boggs, Hanshaw (Mr. Speaker), Hornbuckle, Rohrbach, Rowan, Zukoff, Sypolt, Paynter, Walker, J. Kelly and Haynes
[Originating in the Committee on Health and Human Resources; Reported February 15, 2022]
A BILL to amend and reenact §16-22-3 of the Code of West Virginia, 1931 as amended, relating to requiring the Bureau for Public Health to test for mucopolysaccharidosis type 1 (MPS1).
Be it enacted by the Legislature of West Virginia:
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.
§16-22-3. Tests for diseases specified by the state Public Health Commissioner; reports; assistance to afflicted children; Public Health Commissioner to propose rules.
(a) The hospital or
birthing center in which an infant is born, the parents or legal guardians, the
physician attending a newborn child, or any person attending a newborn child
not under the care of a physician shall require and ensure that each such
child be tested for phenylketonuria, galactosemia, hypothyroidism, sickle cell
anemia and certain other diseases specified by the Bureau for Public Health. The
Bureau for Public Health shall also require testing for congenital adrenal
hyperplasia, cystic fibrosis and biotinidase deficiency. No later than July 1,
2008 The Bureau for Public Health shall also require testing for
isovaleric acidemia, glutaric acidemia type I, 3-Hydroxy-3-methylglutaric
aciduria, multiple carboxylase deficiency, methylmalonic acidemia-mutase
deficiency form, 3-methylcrotonyl-CoA carboxylase deficiency, methylmalonic
acidemia, Cbl A and Cbl B forms, propionic acidemia, beta-ketothiolase
deficiency, medium-chain acyl-CoA dehydrogenase deficiency, very long-chain
acyl-CoA dehydrogenase deficiency, long-chain hydroxyacyl-CoA dehydrogenase
deficiency, trifunctional protein deficiency, carnitine uptake defeat, maple
syrup urine disease, homocystinuria, citrullinemia type I, argininosuccinate
acidemia, tyrosinemia type I, hemoglobin S/Beta-thalassemia, sickle C disease, congenital
adrenal hyperplasia, cystic fibrosis, biotinidase deficiency, mucopolysaccharidosis type I, and hearing deficiency.
(b) A positive result on
any test specified in §16-22-3(a), or a positive result for any other diseases
specified by the Bureau for Public Health, shall be promptly reported to the
Bureau for Public Health by the director of the laboratory performing such
the test.
(c) Newborn screenings shall be considered a covered benefit reimbursed to the birthing facilities by the Public Employees Insurance Agency, the state Children's Health Insurance Program, the Medicaid program and all health insurers whose benefit package includes pregnancy coverage and who are licensed under chapter 33 of this code.
(d) The Bureau for Public Health shall propose rules for legislative approval in accordance with §29A-3-1 et seq. These legislative rules shall include:
(1) A means for the Bureau
for Public Health, in cooperation with other state agencies, and with attending
physicians, to provide medical, dietary and related assistance to children
determined to be afflicted with any disease specified in subsection (a) of this
section and certain other diseases specified by the Bureau for Public Health; and
(2) A means for payment for the screening provided for in this section; and
(3) Anything further considered necessary by the Bureau for Public Health to implement the provisions of this section.
NOTE: The purpose of this bill is to enact Embie’s Law, mandating newborn testing for mucopolysaccharidosis type 1 (MP1), a metabolic disorder, which although not curable, can be treated if diagnosed in young infants.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
