| Delaware Summary of Universal Newborn Hearing Screening Legislation |
| Issue |
Excerpts from Legislation/Rules & Regulations |
| Year Passed |
2005 |
HB 205 |
Full
Implementation by: |
Oct 7, 2005 |
Statute: Sec.4
Section 4. This Act shall become effective 90 days following its enactment into law and shall apply to health insurance policies delivered, issued for delivery, renewed, extended, or modified after said effective date.
Source: HB 205 |
Requires
Screening of: |
All Babies |
Statute: Sec.1, 804A.
804A. Newborn and Infant Hearing Screening Programs.
As a condition of its licensure, each hospital shall establish a Universal Newborn Hearing Screening (UNHS) program. Each UNHS program shall: (1) provide a hearing screening test for every newborn born in the hospital, for identification of hearing loss, regardless of whether or not the newborn has known risk factors suggesting hearing loss.
Source: HB 205 |
Advisory Committee
Established? |
|
|
| Covered Benefit of Health Insurance? |
Yes |
Statute: Sec.1, 807A
807A. Delivery of Policy.
If a health insurance policy provides coverage or benefits to a resident of this state, it shall be deemed to be delivered in this state within the meaning of this Chapter, regardless of whether the health care insurer issuing or delivering said policy is located inside or outside of the
state.”…
Sec.2 & 3
3352. Newborn and Infant Hearing Screening; Coverage and Reimbursement. (a) Any individual health insurance policy which is delivered, issued for delivery, renewed, extended, or modified in this state by any health care insurer and which provides coverage for a child shall be deemed to provide coverage for hearing loss screening tests of newborns and infants provided by a hospital before discharge.
(b) A health care insurer delivering a health insurance policy regulated under this Chapter shall provide each insured with notice of the provisions of this Chapter upon the effective date of coverage and annually thereafter.
(c) The amount of reimbursement for newborn or infant hearing screening provided under such a policy shall be consistent with reimbursement of other medical expenses under the policy, including the imposition of co-payment, coinsurance, deductible, or any dollar limit or other cost-sharing provisions otherwise applicable under the policy.”
Section 3. Amend Chapter 35, Title 18 of the Delaware Code, by inserting therein a new section as follows: Ҥ 3568. Newborn and Infant Hearing Screening; Coverage and Reimbursement.
(a) Any group or blanket insurance health insurance policy which is delivered, issued for delivery, renewed, extended, or modified in this state by any health care insurer and which provides coverage for a child shall be deemed to provide coverage for hearing loss screening tests of newborns and infants provided by a hospital before discharge.
(b) A health care insurer delivering a health insurance policy regulated under this Chapter shall provide each insured with notice of the provisions of this Chapter upon the effective date of coverage and annually thereafter.
(c) The amount of reimbursement for newborn or infant hearing screening provided under such a policy shall be consistent with reimbursement of other medical expenses under the policy, including the imposition of co-payment, coinsurance, deductible, or any dollar limit or other cost-sharing provisions otherwise applicable under the policy.”Source: HB 205 |
Report to
State DOH |
|
|
Provision of
Educational
Materials? |
|
|
| Informed Consent by Parents? |
|
|
| Liability Immunity? |
Yes |
Statute: Sec.1, 805A
805A. Civil and Criminal Immunity and Penalties.
(a) No physician shall be civilly or criminally liable for failure to conduct hearing screening testing. (b) No physician or hospital acting
in compliance with this Chapter shall be civilly or criminally liable for any acts taken in conformity herewith, including without limitation furnishing information required to be furnished hereunder.Source: HB 205 |
| Parental Objection Exclusion? |
|
|
| Hearing Impairment Defined? |
Yes |
Definition Sec.1, 803A, (11)
(11) “Significant hearing loss” means a hearing loss equivalent to or greater than a 35-decibel hearing loss (35-dB HL) in the better ear.
Source: HB 205 |
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