HBA-NMO H.B. 714 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 714
By: Naishtat
Public Health
3/26/99
Introduced



BACKGROUND AND PURPOSE 

Current law requires newborns in this state to be blood-screened for a
variety of conditions. However, the law does not require the screening of
newborns for congenital loss of hearing.  Lack of early detection of
hearing loss may have social and financial impacts on individuals,
families, and this state.  H.B. 714 requires that a screening test for
hearing impairments be administered to newborn children. This bill also
requires a state medical assistance program or a  health benefit plan to
provide coverage for the screening test, as appropriate.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 34.011, Health and Safety Code); the Health and Human Services
Commission or an agency operating part of the medical assistance program,
as appropriate, in SECTION 3 (Section 32.024, Human Resources Code); and
the commissioner of insurance in SECTION 4 (Article 21.53F, Insurance Code,
as added by Chapter 683, Acts of the 75th Legislature, Regular Session,
1997), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 2, Health and Safety Code, by adding
Chapter 34, as follows: 

CHAPTER 34.  HEARING IMPAIRMENTS 
SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  34.001.  DEFINITIONS.  Defines "hearing impairment" and "screening
test." 

SUBCHAPTER B.  NEWBORN SCREENING

Sec.  34.011.  TEST REQUIREMENT.  Requires the physician attending a
newborn child or the person attending the delivery of a newborn child that
is not attended by a physician to ensure that the child is subjected to a
screening test approved by the Texas Department of Health  for hearing
impairments before the child is 181 days old.  Requires the Texas  Board of
Health, by rule, to prescribe the screening test procedures to be used and
the standards of accuracy and precision required for each test. 

Sec.  34.012.  EXEMPTION.  Prohibits a screening test from being
administered to a newborn child whose parent, managing conservator, or
guardian objects to the administration of the test on religious grounds.
Requires the physician or person attending the newborn child, upon the
objection, to ensure that it is entered into the medical record of the
child. Requires the parent, managing conservator, or guardian to sign the
entry. 

Sec.  34.013.  LIMITATION ON LIABILITY.  Provides that the person
administering a screening test is not liable or responsible because of the
failure or refusal of a parent, managing conservator, or guardian to
consent to the test. 

SECTION 2.  Amends Section 36.004, Health and Safety Code, by adding
Subsection (i), as follows: 

 (i) Provides that a hearing screening performed under this section is in
addition to any hearing screening test performed under Chapter 34. 

SECTION 3.  Amends Section 32.024, Human Resources Code, by adding
Subsection (v), as follows: 

(v) Requires the Health and Human Services Commission or an agency
operating part of the medical assistance program, as appropriate, by rule,
to provide a screening test for hearing impairments as required by Texas
Board of Health rule under Chapter 34, Health and Safety Code, to a child
younger than 181 days old who receives medical assistance. 

SECTION 4.  Amends Article 21.53F, Insurance Code, as added by Chapter 683,
Acts of the 75th Legislature, Regular Session, 1997, by amending Sections 3
and 4 and adding Sections 5 and 6, as follows:   


Sec. 3.  REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS.  Makes conforming
changes. 

Sec.  4.  REQUIRED BENEFITS FOR SCREENING TEST FOR HEARING IMPAIRMENT.
Requires a health benefit plan to provide coverage for each child described
by Section 5, from birth through the date the child is 180 days old, for a
screening test for hearing impairments required by Texas Board of Health
rule under Chapter 34, Health and Safety Code.  Authorizes the commissioner
of insurance to adopt rules to implement the requirement of this section. 

Sec.  5.  COVERED CHILDREN.  Entitles a child to benefits under this
article if the child, as a result of the child's relationship to an
enrollee in the health benefit plan, would be entitled to benefits under an
accident and sickness insurance policy under Subsection (K), (L), or (M),
Section 2, Article 3.70-2, Insurance Code (Form of Policy).  Makes
conforming changes. 

Sec.  6.  FIRST DOLLAR COVERAGE REQUIRED.  Prohibits benefits required
under Sections 3 and 4 from being made subject to a deductible, copayment,
or coinsurance requirement.  Provides, however, that this section does not
prohibit the application of a deductible, copayment, or coinsurance
requirement to another service provided at the same time as the
immunization or hearing screening. 

SECTION 5.  Redesignates Article 21.53F, Insurance Code, as added by
Chapter 683, Acts of the 75th Legislature, Regular Session, 1997, as
Article 21.53J and amends the heading of that article, as follows: 

Art.  21.53J.  New Title:  COVERAGE FOR CERTAIN BENEFITS FOR CHILDREN.
Deletes "childhood immunizations" from existing title.  Adds "certain
benefits for children." 

SECTION 6.  Effective date: September 1, 1999.  Provides that a physician
or other person attending the birth of a child is not required to comply
with Section 34.011, Health and Safety Code, before September 1, 2000.   

SECTION 7.  Requires the Texas Board of Health to adopt the rules required
by Section 34.011, Health and Safety Code, not later than August 31, 2000. 

SECTION 8.  Requires the Health and Human Services Commission and each
appropriate health and human services agency that operates part of the
state medical assistance program under Chapter 32, Human Resources Code
(Medical Assistance Program), not later than August 31, 2000, to adopt
rules required by Section 32.024(v), Human Resources Code.  Requires the
commission, if before implementing Section 32.024(v) it determines that a
waiver or authorization from a federal agency is necessary for
implementation, to request the waiver or authorization and authorizes it to
delay implementing that provision until the waiver or authorization is
granted.  
 
SECTION 9.  Makes application of the change in law made by SECTION 4
prospective beginning with a health benefit plan that is delivered, issued
for delivery, or renewed on or after January 1, 2000. 

SECTION 10.  Emergency clause.