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New York Summary of Universal Newborn Hearing Screening Legislation
Issue Excerpts from Legislation/Rules & Regulations
Year Passed 1999 A04152 (1999) / Rules
Full
Implementation by:
Not Specified  
Requires
Screening of:
Hospitals >400 Births Rules: Section 69-8.4 Procedures for Infant Hearing Screening... (a) All infants born in the facility shall receive an initial hearing screening prior to discharge from the facility except as provided in section 69-8.2(c) of this Part.

Section 69-8.2 (c) Facilities with 400 or fewer births annually, based on a three year rolling average, may provide referrals for infants to receive hearing screening from an article 28 facility or a provider licensed under State Education Law and authorized under such law to perform infant hearing screening. (1) Such referrals shall include a prescription issued by the facility, including a request for results of the screening to be returned to that facility, for infants to receive hearing screening from an article 28 facility or a provider licensed under State Education Law and authorized under such law to provide infant hearing screening. (2) Such facilities shall submit screening results returned to the facility by the outpatient provider as required by the Department to determine the effectiveness of referral procedures in ensuring infants are screened for hearing loss.

Source: Chapter II of Title 10 (Health), Subpart 69-8

Advisory Committee
Established?
   
Covered Benefit of Health Insurance? Yes Statute: Sec.1 …Such program shall also provide for the reimbursement of health care providers performing such services under the program.

Source: 2824-A, Cal. No. 697, 1999

Report to
State DOH
Yes 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

Provision of
Educational
Materials?
Yes Rule: Sec. 69-8.4 (b) Prior to the hearing screening, parents shall be provided educational materials, supplied by the Department to the facility, or consistent in content with Department-supplied materials, regarding infant hearing screening.

(1) (d) The parent shall be provided educational materials, supplied by the Department to the facility, on developmental milestones for communication and signs of hearing loss in young children. (5) (h) (2) The parent shall be provided with educational materials on the importance of early detection of hearing loss, supplied by or consistent with Department materials. (5) (h) (vi) (2) The parent shall be provided with educational materials on the importance of early detection of hearing loss, supplied by or consistent with Department materials.

Sec. 69-8.5 (b) (2) The parent shall be provided with educational materials on the importance of early detection of hearing loss, supplied by or consistent with department materials; and, a list of licensed providers and/or article 28 facilities where infant hearing screening may be obtained.

Source: Part 69 of Subchapter H of Chapter II of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations

Informed Consent by Parents?    
Liability Immunity?    
Parental Objection Exclusion?    
Hearing Impairment Defined? Yes

Definition Section 69-8.1
(c) Hearing problems (hearing loss) shall mean a permanent unilateral or bilateral hearing loss of mild (30 to 40 dB HL) or greater degree in the frequency region (500-4000 Hz) important for speech recognition and comprehension.

Source: Chapter II of Title 10 (Health), Subpart 69-8

National Center for Hearing Assessment & Management
Utah State University - 2615 Old Main Hill - Logan, Utah 84322
Tel: 435.797.3584
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