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Last Modifed: 09/30/2010 
Return to State Mandate Summaries by Provision

Mandate Provision: Report of Screening Results to State Department of Health
 
Excerpts from Legislation/Rules & Regulations

ALASKA

Statute: Sec.6,

Sec. 47.20.320. Reporting and tracking program.(a) The department shall develop and implement a reporting and tracking system for newborns and infants screened for hearing loss in order to provide the department with information and data to effectively plan, establish, monitor, and evaluate the newborn and infant hearing screening, tracking, and intervention program. Evaluation of the program must include evaluation of the initial hearing screening, follow-up components, and the use and availability of the system of services for newborns and infants who are deaf or hard of hearing and their families. (b) A physician or other person attending the birth in the state, or a hospital on behalf of a physician or other person attending the birth, shall report information related to hearing screening required under (a) of this section as specified by the department. A person who provides audiological confirmatory evaluation and diagnostic services for newborns and infants whose hearing was screened under AS 47.20.310 shall report information as specified by the department in regulation. (c) The information received under (b) of this section shall be compiled and maintained by the department in the tracking system. The information shall be kept confidential in accordance with the applicable provisions of 20 U.S.C. 1439 (Individuals with Disabilities Education Act), as amended by P.L. 105-17. Data collected by the department that was obtained from the medical records of the newborn or infant shall be for the confidential use of the department and are not public records subject to disclosure under AS 40.25.110. Aggregate statistical data without identifying information compiled from the information received is public information.

Source: HB 109

ARIZONA

Statute: 36-693, Sec. C & E
C. When a hearing test is performed on a newborn, the initial hearing test results and any subsequent hearing test results must be reported to the department of health services as prescribed by department rules….
E. The newborn screening program shall establish and maintain a central database of newborns and infants who are tested for hearing loss and congenital disorders that includes information required in rule.

Source: 36-694

ARKANSAS

Statute: Sec.4. (b) Any birthing hospital, provider or physician administering initial hearing screenings to newborns and infants shall forward test results on a screening report to the department by the fifteenth (15th) day of the month following the month in which the test was conducted. [Source: SB 819, 1999]

Rule: A. (8) Each hospital shall report to the Department, annual basis on July 1, and to amend any information within 30 days of a change, the following:

(a) the name of the person designated as the single point of contact; (b) name of advising audiologist; (c) equipment utilized; (d) equipment calibration records; (e) whether the hearing screening program is conducted with hospital personnel or is contracted to an outside entity; (f) name of person(s) providing staff training on the equipment; (g) name(s) of persons competent to perform hearing screenings within the hospital; (h) screening protocols; (i) test procedures used by the facility's newborn hearing screening program; (j) pass criteria that minimally meet guidelines established by the Board; and (k) a description of the quality/performance improvement program. The reporting form shall be provided to hospitals by the Department.[Source: Arkansas Code Annotated 20-15-1501, 1999]

HAWAII

Statute: §321-362.5 Screening for hearing impairment.  (c) Birthing facilities screening newborn infants for hearing impairment shall report screening results to the department, for the purpose of the department ensuring a statewide system for the screening, diagnostic evaluation, and intervention for all newborn infants with hearing impairment. [L 2001, c 42, §1] 

Source:  [2001 Amendment]

IOWA

Statute: Sec.1, 3-8.
3. Beginning January 1, 2004, a birthing hospital shall screen every newborn delivered in the hospital for hearing loss prior to discharge of the newborn from the birthing hospital. A birthing hospital that transfers a newborn for acute care prior to completion of the hearing screening shall notify the receiving facility of the status of the hearing screening. The receiving facility shall be responsible for completion of the newborn hearing screening. The birthing hospital or other facility completing the hearing screening under this subsection shall report the results of the screening to the parent or guardian of the newborn and to the department in a manner prescribed by rule of the department.
4. Beginning January 1, 2004, a birth center shall refer the newborn to a licensed audiologist, physician, or hospital for screening for hearing loss prior to discharge of the newborn from the birth center. The hearing screening shall be completed within thirty days following discharge of the newborn. The person completing the hearing screening shall report the results of the screening to the parent or guardian of the newborn and to the department in a manner prescribed by rule of the department.
5. Beginning January 1, 2004, if a newborn is delivered in a location other than a birthing hospital or a birth center, the physician or other health care professional who undertakes the pediatric care of the newborn or infant shall ensure that the hearing screening is performed within three months of the date of the newborn’s or infant’s birth. The physician or other health care professional shall report the results of the hearing screening to the parent or guardian of the newborn or infant and to the department in a manner prescribed by rule of the department.
6. A birthing hospital, birth center, physician, or other health care professional required to report information under subsection 3, 4, or 5, shall report all of the following information to the department relating to a newborn’s or infant’s hearing screening, as applicable:
a. The name, address, and telephone number, if available, of the mother of the newborn or infant.
b. The primary care provider at the birthing hospital or birth center for the newborn or infant.
c. The results of the hearing screening.
d. Any rescreenings and the diagnostic audiological assessment procedures used.
7. The department may share information with agencies and persons involved with newborn and infant hearing screenings, follow-up, and intervention services, including the local birth-to-three coordinator or similar agency, the local area education agency, and local health care providers. The department shall adopt rules to protect the confidentiality of the individuals involved.
8. An area education agency with which information is shared pursuant to subsection 7 shall report all of the following information to the department relating to a newborn’s or infant’s hearing, follow-up, and intervention services, as applicable:
a. The name, address, and telephone number, if available, of the mother of the newborn or infant.
b. The results of the hearing screening and any rescreenings, including the diagnostic audiological assessment procedures used.
c. The nature of any follow-up or other intervention services provided to the newborn or infant.Source: HF 454

KENTUCKY

Statute: SECTION 11. ... (2) An auditory screening report that indicates a finding of potential hearing loss shall be forwarded by the hospital or alternative birthing center within twenty-four (24) hours of receipt to the: (a) Attending physician; (b) Parents; and (c) Commission for Children with Special Health Care Needs for evaluation or referral for further evaluation in accordance with Section 10 of this Act.

SECTION 11. ... (3) An auditory screening report that does not indicate a potential hearing loss shall be forwarded within one (1) week to the Commission for Children with Special Health Care Needs with no information that personally identifies the child. [Source: HB 706, 2000]

Rule: Section 7.(1) A hospital shall report information to UNHS-CCSHCN pursuant to KRS 211.647. (2) Information to be reported to UNHS-CCSHCN for a new birth who has failed the hearing test shall include the newborn's: (a) Last name; (b) First name; (c) Middle name; (d) Date of birth; (e) Gender; (f) Mother's last name; (g) Mother's first name; (h) Middle initial; (i) Mother's maiden name; (j) Mother's social security number. (k) Address where the child shall be residing after discharge; (l) Birth hospital's name; (m) Tester's last name; (n) Tester's first name; (o) Tester's middle initial; (p) Date of testing; and (q) Test results. (3) Information to be reported to UNHS-CCSHCN for a new birth who has passed the physiological and risk factor hearing test shall not include identifying information, but shall include the: (a) Date the test was administered; (b) Test results; (c) Name of the county of residence for the newborn; and (d) Name of the hospital where the test was administered. (4) Reporting shall be completed on a Kentucky Infants' Sound Start Hearing Screening Report form. [Source: New Administrative Regulation, 902 KAR 4:085E]

MAINE

Statute: Sec. 3. 22 MRSA c. 1687 is enacted to read: ... '8822. 5. Reporting. Beginning January 1, 2002, every hospital and other location providing birthing services shall report annually to the board concerning the following: A. The number of newborns born in the hospital of location; B. The number of newborns screened on birth admission; C. The number of newborns who passed the birth admission screening; D. The number of newborns who did not pass the birth admission screening; E. The number of newborns and infants who participated in follow-up rescreening; F. The number of newborns and infants who passed the follow-up rescreening; G. The number of newborns recommended for monitoring, intervention and follow-up care; H. The number of newborns and infants recommended for diagnostic audiologic evaluation; and I. The number of parents whose parents declined screening.

[Source: LD 1814, Chapter 1687, 1999]

MARYLAND

Statute: SECTION 1. 13-605. (a) A hospital shall prepare, on the form that the Secretary [Secretary of Health and Mental Hygiene] provides, a report on each infant with a risk factor who is born alive in the hospital. If an infant is born outside the hospital, the person filling out the birth certificate shall make a report under this section. (b) The Secretary shall determine the contents of the report required under subsection (a) of this section. (c) The report shall be submitted to the Secretary.

13-605. AS PART OF THE SUPPLEMENTAL INFORMATION REQUIRED TO BE SUBMITTED TO THE DEPARTMENT AS PART OF THE BIRTH EVENT, A HOSPITAL SHALL INCLUDE THE RESULTS OF THE UNIVERSAL HEARING SCREENING OF THE NEWBORN. [Source: SB 624, 1999]

MASSACHUSETTS

Rule: 130.629. B. 5. The birth hospital or birth center shall inform, orally and in writing, a parent or guardian of the newborn infant if the infant was not successfully screened or missed a screening. This information shall also be provided in writing to the newborn infant's primary care physician as well as to the Department through its electronic birth certificate system or such mechanism as specified by the Department. [Source: Amendments to Regulations, 130.629]

MINNESOTA

Statute: Sec.2, Subd.3. (7), Subd.4.
Subd. 3. Newborn and infant hearing screening programs. All hospitals shall establish a Universal Newborn Hearing and Infant Screening (UNHS) program. Each UNHS program shall:…
(7) inform the newborn's or infant's parents or parent, primary care physician, and the Department of Health according to recommendations of the department of Health of the results of the hearing screening test or rescreening if conducted, or if the newborn or infant was not successfully tested. The hospital that discharges the newborn or infant to home is responsible for the screening; and
    (8) collect performance data specified by the Department of Health.
    Subd. 4. Notification and information. (a) Notification to the parents or parent, primary care provider, and the Department of Health shall occur prior to discharge or no later than ten days following the date of testing. Notification shall include information recommended by the Department of Health.
    (b) A physician, nurse, midwife, or other health professional attending a birth outside a hospital or institution shall provide information, orally and in writing, as established by the Department of Health, to parents regarding places where the parents may have their infant's hearing screened and the importance of the screening.
    (c) The professional conducting the diagnostic procedure to confirm the hearing loss must report the results to the parents, primary care provider, and Department of Health according to the Department of Health recommendations.
    Subd. 5. Oversight responsibility. The Department of Health shall exercise oversight responsibility for EHDI programs, including establishing a performance data set and reviewing performance data collected by each hospital.Source: HF 1206

MISSISSIPPI

Statute: (4) The State Board of Health may adopt rules and regulations that the board considers necessary to implement this section. The board in its rules and regulations shall specify the types of information to be provided to the State Part H Coordinator for the registry. The Department of Health may: (a) Execute contracts that the department deems necessary to carry out the provisions of this section; (b) Receive data from medical records for children suspected of having hearing impairments that are in custody or under the control of laboratories, hospitals, audiologists, physicians, or other health care providers to record and analyze the data related to the child >s hearing impairment or suspected impairment;... [Source: HB572, 1997]

MISSOURI

Statute: 191.928.1 3. The results of rescreening and diagnostic audiological assessment procedures shall be reported to the department of health and senior services in a manner prescribed by the department. [Source: Missouri Revised Statutes, Spaster 191, Health Welfare Section 191.928, 2001]

MONTANA

Statute: Section 4. (2) Every licensed hospital, health care facility, or health care provider that provides obstetric services shall report quarterly to the department of public health and human services and to the task force the following information and any other information required by rule: a) the number of infants born in the hospital; (b) the number of infants screened; (c) the number of infants who passed the screening, if administered; (d) the number of infants who did not pass the screening, if administered; (e) the number of infants who received followup care; and (f) the number of infants with hearing impairment. [Source: HB 468, 2001]

NEBRASKA

Statute: 71-4739. Birthing facility; confirmatory testing facility; reports required. (1) Beginning December 1, 2000, and annually thereafter, every birthing facility shall report to the Department of Health and Human Services the number of:(a) Newborns born; (b) Newborns and infants recommended for a hearing screening test; (c) Newborns who received a hearing screening test during birth admission; (d) Newborns who passed a hearing screening test during birth admission if administered; (e) Newborns who did not pass a hearing screening test during birth admission if administered; and (f) Newborns recommended for monitoring, intervention, and followup care.(2) Beginning December 1, 2000, and annually thereafter, every confirmatory testing facility shall report to the Department of Health and Human Services the number of: (a) Newborns and infants who return for a followup hearing test; (b) Newborns and infants who do not have a hearing loss based upon the followup hearing test; and. (c) Newborns and infants who are shown to have a hearing loss based upon the followup hearing test. [Source: LB950, 2000]

NEVADA

Statute: Sec.7. 4. A licensed hospital and a licensed obstetric center shall annually prepare and submit to the health division a written report concerning hearing screenings of newborn children in accordance with regulations adopted by the state board of health. The report must include, without limitation, the number of newborn children screened and the results of the screenings. [Source: AB 250, 2001]

NEW JERSEY

Statute: 8:19-1.4 (a) All hospital nurseries, including neonatal intensive care units and birthing centers, shall complete Modules 3, 5, and 6 of the Electronic Birth Certificate (EBC) System on all live newborns regardless of the presence or absence of indicators associated with hearing loss. Modules 3, 5, and 6 contain indicators associated with possible hearing loss. These indicators are defined in N.J.A.C. 8:19-1.6. Registered nurses in the hospital nursery and neonatal intensive care unit or the birth attendant shall complete Modules 3, 5, and 6. If the hospital or birthing center has designated them to do so, licensed audiologists shall complete information regarding electrophysiological screening on Module 5, and the Parental Informed Consent section and document parental/legal guardian refusal to participate in the Newborn Hearing Program for religious reasons on Module 6.

(f) The hospital nursery, neonatal intensive care unit, birthing center or facility to which a newborn is transferred shall, upon discharge or transfer and regardless of the presence or absence of an indicator associated with hearing loss, forward Modules 3, 5, and 6 of the EBC to the Department via modem at PO Box 360, Trenton, New Jersey 08625-0360. The hospital or birthing center shall submit Modules 3, 5, and 6 of the EBC to the Department within one week of discharge or transfer. [Source: NJ Administrative Code Title 8. Chapter 19]

NEW YORK

Rule: Section 69-8.2 (b) General requirements of an infant hearing screening program are: ... (5) The reporting of aggregate data on infant hearing screenings to the Department upon Department request, in a format and frequency prescribed by the commissioner. [Source: Part 69 of Subchapter H of Chapter II of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations, 1999]

NORTH CAROLINA

Rule: 15A NCAC 21F.1204 REPORTING REQUIREMENTS. (a) The attending physician shall order that all persons performing physiologic hearing screenings for infants less than six months of age shall identify the child and report to the North Carolina State Laboratory for Public Health the outcome of each hearing screening for all infants. All hearing screening reports shall be submitted simultaneously with each infant's blood specimen for genetic screening, or within five days following the date of each infant's hearing screening. Any missed scheduled hearing screening shall be reported simultaneously with each infant's blood specimen, or within five days following the date of the missed appointment for such screening. (b) All persons performing neonatal physiologic hearing screenings shall report quarterly to CSHS, within 30 days after the end of each quarter in the calendar year, the following:... [Source: 15A NCAC 21F .1201 - .1204 permanent rules, effective 08/01/2000]

OREGON

Statute: SECTION 2. (1) The Health Division shall collect information on newborn hearing screening tests from Oregon hospitals, birthing centers and educational institutions providing early intervention services as defined in ORS 343.035. [Source: HB3246, 1999]

Rule: 333-020-0150The Division shall collect information on newborn hearing screening tests, as follows: (1) (a) Each hospital or birthing center conducting newborn hearing screening shall report to the Division the number of children tested and the number of children with abnormal results. (b) This information shall be submitted on an annual basis, no later than August 1 and covering the period July 1 through June 30.(2) (a) Each educational institution providing early intervention services to deaf or hard-of-hearing children shall report to the Division the number of children under three years of age at time of initial enrollment and who were initially enrolled during the period July 1 through June 30 and who have a diagnosed hearing loss and who received early intervention services, and the average age in months at the time of initial enrollment. (b) This information shall be submitted on an annual basis, no later than August 1 and covering the period July 1 through June 30. [Administrative Rule, Division 20, as of Stat. Auth.: 1999 Oregon Laws, Ch. 958 Stat. Implemented: 1999 Oregon Laws, Ch. 958]

PENNSYLVANIA

Statute: SB No. 100, Sec.5, (d), (4), A... By July 1, 2002, every hospital in this Commonwealth shall report to the department, in a manner prescribed by the department, the number of newborns and infants screened and the results of the screening...@ [Source: SB 100, 2001]

SOUTH CAROLINA

Statute: Section 44-37-40. A. (D) (3)(a) The department, upon consultation with the South Carolina Health Alliance, shall establish newborn hearing screening reporting procedures which must be followed by hospitals, audiologists, and early interventionists. [Source: 2000 Appropriations B Part II B Section 48]

TENNESSEE

Statute: Section5(a): All screening providers or entities shall report their screening results to the Department of Health.

(b): Any medical or audiologic provider performing follow-up tests shall report the results of such tests to the Department of Health.

Section 6. The results of all hearing screenings performed pursuant to this part shall be reported to the Department of Health. The Department of Health shall refer any child who does not pass the hearing screening test to the Tennessee Early Intervention System (TEIS) of the Department of Education for follow-up. Children who have been identified with hearing loss or high risk conditions that place them at high risk for hearing loss as identified by standards established by a nationally recognized organization such as the Joint Committee on Infant Hearing Screening of the American Academy of
Pediatrics shall be referred to the TEIS.

[Source: Tennessee Code Annotated, Section 37-3-703; Title 56, Chapter 7,
Part 25 and Title 68, Chapter 5, relative to health screening of children.]

TEXAS

Statute: Sec. 47.005. INFORMATION CONCERNING SCREENING RESULTS AND FOLLOW-UP CARE. (b) A birthing facility that operates a program shall report screening results to the parents, the newborn's attending physician or health care provider, and the department. [Source: HB714, 1999]

Rule: RULE '37.507 Information Concerning Screening Results and Follow-up Care (a) Birthing facilities shall provide information regarding the results of the birth admission hearing screen to the parents, attending physician or health care provider, and to the department or the department's designee. Individually identified information will be reported to the department upon written consent of the parents. [Source: Rules (Title 25 - Part 1 - Chapter 37 - Subchapter S Newborn Hearing Screening)]

UTAH

Statute: 26-10-6. Testing of newborn infants. (4) (a) Results of tests for hearing loss under Subsection (1) shall be reported to the department. [Source: SB 0040, 1998]

Rule: R3 98-2-6. Reporting to Utah Department of Health. (1) All institutions or persons in attendance at births shall submit information to the Department about the newborn hearing screening procedures being used, the results of the screening, and other information necessary to ensure timely referral where necessary. This information shall be provided to the Department at least monthly. This information shall include:(a) for each live birth, identifying information for the baby and the hearing screening status, e.g., passed, referred, refused, missed, transferred;

(b) for babies who did not pass the newborn hearing screening or who were not screened, the mother's name, address, telephone number if known, and primary care provider;

(c) any information the institution or practitioner has about the results of follow-up screening or diagnostic procedures, including whether the infant has been "lost to follow-up."

(3) Persons who conduct any procedure necessary to complete an infant's hearing screening as a result of a referral from an institution or primary care provider, shall report the results of these procedures to the institution where the infant was born.

(4) The Utah Department of Health shall have access to infant's medical records to obtain information necessary to ensure the provision of timely and appropriate follow-up diagnostic and intervention services.

[Source: R398-2. Newborn Hearing Screening]

VIRGINIA

Statute: ' 32.1-64.1. F. With the assistance of the advisory committee, the Board shall promulgate such rules and regulations as may be necessary to implement this identification and monitoring system. These rules and regulations shall include criteria, including current screening methodology, for the identification of infants (i) with hearing impairment and (ii) at risk of hearing impairment and may shall include the scope of the information to be reported, reporting forms, screening protocols, appropriate mechanisms for follow-up, relationships between the identification and monitoring system and other state agency programs or activities and mechanisms for review and evaluation of the activities of the system. The identification and monitoring system may shall collect the name, address, sex, race, and any other information determined to be pertinent by the Board, regarding infants determined to be at risk of hearing impairment or to have hearing loss. [Source: S 585, 1998]

WISCONSIN

Statute: 253.12 Y(2) REPORTING. (a) Except as provided in par. (b), all of the following shall report in the manner prescribed by the department under sub. (3) (a) 3. a birth defect in an infant or child: 1. A pediatric specialty clinic in which the birth defect is diagnosed in an infant or child or treatment for the birth defect is pro-vided to the infant or child. 2. A physician who diagnoses the birth defect or provides treatment to the infant or child for the birth defect. (am) Any hospital in which a birth defect is diagnosed in an infant or child or treatment is provided to the infant or child may report the birth defect in the manner prescribed by the department under sub. (3)(a)3.

(b) No person specified under par. (a) need report under par. (a) if that person knows that another person specified under par. (a) or (am) has already reported to the department the required information with respect to the same birth defect of the same infant or child.

(c) If the department determines that there is a discrepancy in any data reported under this subsection, the department may request a physician, hospital or pediatric specialty clinic to provide to the department information contained in the medical records of patients who have a confirmed or suspected birth defect diagnosis. The physician, hospital or pediatric specialty clinic shall provide that information within 10 working days after the department requests it.

(d) The department may not require a person specified under par. (a) 1. to 3. [par. (a) 1. or 2.] to report the name of an infant or child for whom a report is made under par. (a) if the parent or guardian of the infant or child refuses to consent in writing to the release of the name or address of the infant or child. (NOTE: The bracketed language indicates the correct crossBreference. Corrective legislation is pending.)(e) If the address of an infant or child for whom a report is made under par. (a) is included in the report, the department shall encode the address to refer to the same geographical location.

[Source: Statutes 253.115 / 253.12, 1999]


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