Requires reporting of newborn hearing screening results and data to the department of health.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7827
TITLE OF BILL : An act to amend the public health law, in relation to newborn hearing screening results
PURPOSE : This bill would help increase newborn infant hearing screening rates and improve the completeness and accuracy of newborn infant hearing screening data by requiring hospitals and other health care providers that administer or perform newborn infant hearing screenings to report results and other data to the Department of Health (DOH) through a statewide information system and authorizing access to such results and data by certain users for specified purposes.
SUMMARY OF PROVISIONS : Section 1 of the bill would amend Public Health Law (PHL) § 2500-g to require hospitals and clinics to report individual newborn infant hearing screening results and other data to DOH. If the facility is not reasonably able to administer a hearing screening prior to a newborn infant's discharge, the facility would be required to provide a referral for the newborn infant to receive such hearing screening after discharge. In addition, the facility would be required to report to DOH that the newborn infant was not screened prior to discharge. The bill would also require reporting by practitioners who perform hearing screenings upon newborn infants, other than hearing screenings administered by an Article 28 facility prior to a newborn infant's discharge from such facility, or upon children under six months of age.
Section 1 of the bill also would authorize certain entities and individuals to access results and data for specified purposes. Authorized users would include health care providers, who would be able to access the system to input individual hearing screening results and to check on the status of hearing screenings for a particular patient. The Commissioner of Health and the Commissioner of Health and Mental Hygiene for New York City would be authorized to use the system for purposes including outreach, quality improvement, accountability and research. A newborn infant's parent or guardian would be able to obtain hearing screening results, and all results and data would be confidential.
Section 2 of the bill would amend PHL § 2168 to make a technical correction to clarify that data disclosed to the statewide immunization information system (NYSIIS) must be provided for by statute or regulation, not both, and would authorize DOH to require the collection of and access to newborn hearing screening data and results through NYSIIS.
Section 3 of the bill provides that the bill would take effect on January 1, 2011.
EXISTING LAW : PHL § 2500-g requires DOH to establish a program to screen newborn infants for hearing problems. The program must: (1) incorporate consensus medical guidelines and protocols, reflecting the most cost-effective methods for detecting hearing problems as early as possible in an infant's life; (2) provide for follow-up screening, including referrals for screening or care; and (3) provide for the reimbursement of health care providers performing such services under the program. PHL § 2500-g further imposes a duty upon the administrative officer, or other designated person, at each institution caring for newborn infants, to either administer such a program or provide a referral for the patient to obtain the service following discharge.
PHL § 2168 requires DOH to establish a statewide automated and electronic immunization information system - NYSIIS - to collect reports of immunizations and blood lead analyses performed by physician office laboratories for children. PHL § 2168 also authorizes the exchange of particular information between NYSIIS and authorized users.
Part 69-8 of Title 10 of the New York Codes, Rules and Regulations (NYCRR), concerning the infant hearing screen program, applies to facilities that care for infants, meaning general hospitals and certain clinics. Each facility must to administer an infant hearing screen program, directly or by contract, which involves: (1) the performance of inpatient hearing screening before a newborn infant's discharge from the facility; (2) the communication of infant hearing screening results to parents; (3) the performance of follow-up screening on an outpatient basis, or the provision of referrals for such follow-up screening, for those newborn infants who fail the hearing screening or who do not receive such screening; (4) referral of infants suspected of having a hearing loss to the Early Intervention Program; (5) the reporting of aggregate data to DOH, upon request, in a form and frequency prescribed by the Commissioner; and (6) the establishment of facility quality assurance protocols to ensure the effectiveness of the infant hearing screening program.
LEGISLATIVE HISTORY : This is a new bill.
STATEMENT IN SUPPORT : Without early identification and intervention, children with hearing loss may experience delays in the development of language and cognitive and social skills that may prevent success in academic and occupational achievement. Accordingly, it is essential that infants with hearing loss are identified early and appropriate intervention services are initiated.
The mission of the Early Hearing Detection and Intervention (EHDI) Program, operated by the United States Centers for Disease Control and Prevention (CDC), is for every state and territory to have a complete EHDI tracking and surveillance system that ensures children with hearing loss achieve communication and social skills commensurate with their cognitive abilities. Such systems are intended to meet the specific goal of increasing the proportion of newborn infants who: (I) are screened for hearing loss by the time they are one month old; (2) undergo an audiologic evaluation by the age of three months; and (3), are enrolled in appropriate intervention services by the time they reach six months of age.
CDC maintains a national database on early hearing detection and intervention efforts. The information each state reports to CDC is based on individual newborn infant hearing data collected by the state. Currently, New York State is the only state that does not collect individualized newborn infant hearing screening data and is unable to fully contribute to CDC's national database. In light of this, CDC is interested in New York State's efforts to correct this deficiency and contribute accurate and complete information to the national database on early hearing detection and intervention efforts.
Early identification of hearing loss is also supported by the American Academy of Audiology, the American Academy of Otolaryngology-Head and Neck Surgery, the American Academy of Pediatrics (AAP), the American Speech-Language-Hearing Association, and the Council on Education of the Deaf. The Joint Committee on Infant Hearing (JCIH) has endorsed early detection of and intervention for infants with hearing loss and has stated that "(i)nformation systems should be designed to interface with electronic health records and should be used to measure outcomes and report the effectiveness of EHDI services at the community, state, and federal levels."
Reports of aggregate newborn hearing screening data to DOH do not allow individual tracking and surveillance measures to be implemented. Authorizing DOH to establish a statewide system for the reporting of and access to hearing screening information will allow health care providers to review their patients' newborn infant hearing screening histories and encourage further screening where needed. DOH will also be able to use individualized information to help identify and track children who need hearing screenings or intervention services.
BUDGET IMPLICATIONS : This bill is not expected to have a fiscal impact for the State or any locality.
EFFECTIVE DATE This bill would take effect on January 1, 2011.
STATE OF NEW YORK ________________________________________________________________________ 7827 IN SENATE May 14, 2010 ___________Introduced by Sen. DUANE -- (at request of the Department of Health) -- read twice and ordered printed, and when printed to be committed 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; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15707-04-0 S. 7827 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; ORS. 7827 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.