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West Virginia Summary of Universal Newborn Hearing Screening Legislation
Issue Excerpts from Legislation/Rules & Regulations
Year Passed  1998 HB 2388 (1998)64CSR24 (Rules)
Implementation by:
July 1, 2000  Rules: §16-24-1. General.1.1. Scope. – This rule establishes a reasonable fee schedule, a cost-effective screening protocol, and reporting and referral requirements for the screening of newborn infants for hearing impairments, and becomes effective on July 1, 2001. This rule should be read in conjunction with W.Va. Code §16-22A-1 et seq.

[Source: 64CSR24 - Title 64 - Legislative Rules - Division of Health - Series 24 - Newborn Hearing Screening]

Screening of:
 All Babies Rules: §16-24-2. Application and Enforcement.2.1. Application. – This rule applies to all infants born in West Virginia and to the health care providers caring for infants at birth. ...

§16-24-4. When Screening is Required.4.1. W.Va. Code §16-22A-1 et seq. requires that all infants born in a licensed health care facility be screened for hearing impairments except when there is no third-party payer for the screening and the parents refuse to have the screening performed, as in W.Va. Code §16-22A-3(c).4.2. When the birth takes place in a licensed health care facility and there is a third-party payer, the health care provider present at the birth shall immediately perform or cause to be performed screening for hearing impairments.4.3. When an infant is born in a non licensed facility, including a home, the health care provider shall inform the parents of the need to obtain the screening within the first month of the infant’s life. It shall be the charge of the primary care provider caring for the infant post delivery to refer the infant for testing with a licensed ENT/audiologist.

Source: 64CSR24 - Title 64 - Legislative Rules - Division of Health - Series 24 - Newborn Hearing Screening

Advisory Committee
 Yes Statute: ARTICLE 22A. §16-22A-4. Hearing impairment testing advisory committee established. (a) There is hereby established a West Virginia hearing impairment testing advisory committee which shall advise the director of the division of health regarding the protocol, validity, monitoring and cost of testing procedures required under this article. This committee is to meet four times per year for the initial two years and on the call of the director thereafter.

Source: HB2388, 1998

Covered Benefit of Health Insurance?  Yes Statute: ARTICLE 22A.

16-22A-3. Fees for testing; payment of same.

(a) Testing required under this article shall be a covered benefit reimbursable by all health insurers except for health insurers that offer only supplemental coverage policies or policies which cover only specified diseases. All policies issued pursuant to articles fifteen, sixteen, twenty-four and twenty-five-a of chapter thirty-three of this code shall provide coverage for the testing required under this article.

(b) The Department of Health and Human Resources shall pay for testing required under this article when the newborn infant is eligible for medical assistance under the provisions of section twelve, article five, chapter nine of this code.

(c) In the absence of a third-party payer, the parents of a newborn infant shall be informed of the testing availability and its costs and they may refuse to have the testing performed. Charges for the testing required under this article shall be paid by the hospital or other health care facility where the infant=s birth occurred: Provided, That nothing contained in this section may be construed to preclude the hospital or other health care facility from billing the infant=s parents directly.

Source: HB2388, 1998

Rule: §16-24-6. Screening Fee Schedule.

6.1. All licensed health care facilities shall charge a fee for the initial newborn hearing screening that will be applied to all payors at the rate, not to exceed the rate, established by the Medicaid DRG process.

6.2. For infants born in a nonlicensed health care facility, including a home, pursuant to subsection 4.3., a health care provider will charge a fee for an outpatient newborn hearing screen at the rate, nor to exceed the rate, established by the Medicaid DRG process.

Source: HB2388, 1998

Report to
State DOH
Provision of
Informed Consent by Parents?    
Liability Immunity?    
Parental Objection Exclusion?  Yes  

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