| Massachusetts Summary of Universal Newborn Hearing Screening Legislation |
| Issue |
Excerpts from Legislation/Rules & Regulations |
| Year Passed |
1997 |
HB4320 (Chapter 243 of the Acts of 1998) / Rules (Amendments to the Hospital Licensure Regulations (105CMR130.000) |
Full
Implementation by: |
Not Specified |
|
Requires
Screening of: |
All Babies |
Statute: Sec. 67F. A hearing screening test shall be performed on all newborn infants in the commonwealth in the birthing hospital or birthing center, or in the hospital from which the newborn infant is discharged to home.
Source: Chapter 243 of the Acts of 1998
Rules: 130.629 B. Information and Screening Requirements.
2. Each birth hospital and birth center shall ensure that a hearing screening is performed on all newborn infants before the newborn infant is initially discharged to home.
a) If a newborn infant is transferred directly from the birth hospital or birth center to another hospital, the responsibility for screening lies with the hospital from which the infant is initially discharged to home.
b) By the age of three months, an infant shall receive hearing screening. If an infant cannot be screened by the age of three months due to delayed physiological development or physiological instability as a result of illness or premature birth, the infant shall be screened prior to discharge and as early as physiological development or stability will permit reliable screening.
Source: 105CMR130.000/130.629
|
Advisory Committee
Established? |
Yes |
Statute: Sec. 67F. There is hereby established an advisory committee for a statewide newborn hearing screening program … The advisory committee shall advise the department regarding proposed regulations and the validity and cost of screening procedures, and shall recommend standards for appropriate screening methodology based on updated technological developments, methods of recording results and follow-up from the screening program, and methods to facilitate interaction of professions and agencies which participate in follow-up.
Source: Chapter 243 of the Acts of 1998
|
| Covered Benefit of Health Insurance? |
Yes |
Statute: Section 67F. The cost of providing the newborn hearing screening test shall be a covered benefit reimbursable by all health insurers, except for supplemental policies which only provide coverage for specific diseases, hospital indemnity, Medicare supplement, or other supplemental policies. In the absence of a third party payer, the charges for the newborn hearing screening test shall be paid by the commonwealth.
Source: Chapter 243 of the Acts of 1998
|
Report to
State DOH |
Yes |
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
|
Provision of
Educational
Materials? |
Yes |
Rule: 130.629 B. 1. Prior to the hearing screening of a newborn infant, the hospital or birth center shall include information explaining the importance of newborn hearing screening and follow-up in materials distributed to parents or guardians. a. This information shall be readily available in the languages of any non-English speaking group which comprises at least 10% of the birth hospital or birth center's obstetrical services population. b. Translation of the information to languages used by a smaller percentage of the obstetrical population shall be provided prior to the hearing screening to the maximum extent possible, but in no event later than discharge. c. For a hospital without a maternal newborn service from which a newborn infant may be initially discharged to home, the hospital shall ensure that translation of the hearing screening information is provided to non-English speaking parents or guardians of a newborn infant prior to discharge to the maximum extent possible.
Source: 105 CMR 130.629
|
| Informed Consent by Parents? |
|
|
| Liability Immunity? |
|
|
| Parental Objection Exclusion? |
Yes |
Statute: Sec. 67F. Such test shall be performed before the newborn infant is discharged from the birthing center or hospital to the care of the parent or guardian, or as the department may by regulation provide; provided, however, that such test shall not be performed if the parents or guardian of the newborn infant object to the test based upon the sincerely held religious beliefs of the parent or guardian.
Source: Chapter 243 of the Acts of 1998
|
