| New Jersey Summary of Universal Newborn Hearing Screening Legislation |
| Issue |
Excerpts from Legislation/Rules & Regulations |
| Year Passed |
2000 |
Statute (PDF)
Rules (Chapter 19) (PDF) |
Full
Implementation by: |
January 1, 2002 |
Statute: C.26:2-103.3 3. a. The commissioner shall ensure that, effective January 1, 2002, all newborn children in the State shall be screened for hearing loss by an appropriate electrophysiologic screening measure.
Source: Title 26 of the Revised Statutes, Chapter 373
Rules: 8:19-1.2, (e) … Beginning January 1, 2002, all newborns, regardless of the presence or absence of an indicator associated with hearing loss, shall have an electrophysiologic hearing screening done prior to one month of age.
Source: NJ Administrative Code Title 8. Chapter 19 |
Requires
Screening of: |
All Babies |
Statute: C.26:2-103.3 3. a. The commissioner shall ensure that, effective January 1, 2002, all newborn children in the State shall be screened for hearing loss by an appropriate electrophysiologic screening measure.
Source: Title 26 of the Revised Statutes, Chapter 373
Rules: 8:19-1.2, (e) … Beginning January 1, 2002, all newborns, regardless of the presence or absence of an indicator associated with hearing loss, shall have an electrophysiologic hearing screening done prior to one month of age.
Source: NJ Administrative Code Title 8. Chapter 19 |
Advisory Committee
Established? |
Yes |
Statute: C.26:2-103.8 8. The commissioner shall establish a Hearing Evaluation Council to provide on-going advice to the department on implementation of this act. The council shall be composed of not less than seven persons appointed by the commissioner who include: a board certified pediatrician, a board certified otolaryngologist, an audiologist with certified clinical competence, a person who is profoundly deaf, a person who is hearing impaired, a hearing person of parents who are deaf, and a citizen of the State who is interested in the concerns and welfare of the deaf.
Each member shall hold office for a term of two years and until each member's successor is appointed and qualified. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which the person's predecessor was appointed shall be appointed for the remainder of such term.
The council shall meet as frequently as the commissioner deems necessary, but not less than once each year. Council members shall receive no compensation but shall be reimbursed for actual expenses incurred in carrying out their duties as members of this council.
Source: Title 26 of the Revised Statutes, Chapter 373 |
| Covered Benefit of Health Insurance? |
Yes |
Statute: C.17:48E-35.10 c. Screening for newborn hearing loss by appropriate electrophysiologic screening measures and periodic monitoring of infants for delayed onset hearing loss, pursuant to P.L.2001, c.373 (C.26:2-103.1 et al.). Payment for this screening service shall be separate and distinct from payment for routine new baby care in the form of a newborn hearing screening fee as negotiated with the provider and facility.
The benefits shall be provided to the same extent as for any other medical condition under the contract, except that no deductible shall be applied for benefits provided pursuant to this section. This section shall apply to all health service corporation contracts in which the health service corporation has reserved the right to change the premium.
Source: Title 26 of the Revised Statutes, Chapter 373 Also sections: C.17:48-6m; C.17B:27-46.11; C.26:2J-4.10; C.17B:27A-7; C.17B:27A-19 |
Report to
State DOH |
Yes |
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 |
Provision of
Educational
Materials? |
Yes |
Statute: 8:19-1.1 Prior to the discharge of a live newborn from any hospital or birthing center in the State of New Jersey, the hospital nursery, neonatal intensive care unit or birthing center shall provide all parents or legal guardians of the newborn with literature provided by a department of Health and Senior Services (hereafter, the Department) describing the normal development of auditory function and the'; Newborn Hearing Screening Program. Such literature will be designed to provide parents with an understanding of the implications of hearing loss on the development of speech-language and provide information regarding normal auditory behavior.
Source: NJ Administrative Code Title 8. Chapter 19 |
| Informed Consent by Parents? |
Yes |
Statute: 8:19-2.12 ... (g) The hospital nursery, including neonatal intensive care units, and birthing centers shall assure that the newborn's parent, legal guardian or custodian is informed of the purpose and need for newborn hearing screening, shall obtain consent from the parent, legal guardian or custodian and shall document consent by obtaining the legal guardian's or custodian's signature on Module 6 of the EBC.
Source: NJ Administrative Code Title 8. Chapter 19 |
| Liability Immunity? |
Yes |
|
| Parental Objection Exclusion? |
Yes |
Statute: 8:19-2.12 (a) This subchapter shall not apply in the case of any infant or child whose parent or guardian objects to the testing on the grounds that testing would conflict with his or her religious tenets or practices. (b) In case of refusal to test pursuant to (a) above, the chief executive officer or responsible physician or birth attendant or home health agency shall assure that documentation of refusal to test becomes part of the infant's permanent medical record. (c) The chief executive officer or responsible physician or birth attendant or home health agency shall assure that a copy of documentation of refusal to test is forwarded to the testing laboratory.
Source: NJ Administrative Code Title 8. Chapter 19 |
| Hearing Impairment Defined? |
Yes |
Definition C.26:2-103.2 Definitions relative to universal newborn hearing screening.
"Hearing loss" means a hearing loss of 30dB or greater in the frequency region important for speech recognition and comprehension in one or both ears, which is approximately 500 through 4000 Hz., except that the commissioner may adopt a standard which establishes a less severe hearing loss, as appropriate.
Source: NJ Administrative Code Title 8. Chapter 19 |
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