(c) Not later than April 1, 2001, each birthing facility that operates a program shall offer the hearing screening during the birth admission in accordance with Section 47.003, Health and Safety Code, as added by this Act.

[Source: HB714 (Year 1999)]

Source: HB714, 1999

Rule: RULE §37.502 Definitions

(2) Birthing facility - (A) a hospital licensed under Health and Safety Code, Chapter 241 that offers obstetrical services and is located in a county with a population of more than 50,000;

(B) a birthing center licensed under Health and Safety Code, Chapter 244 that is located in a county with a population of more than 50,000 and that has 100 or more births per year; or

(C) a hospital that offers obstetrical services or a birthing center licensed under Health and Safety Code, Chapter 244:

(i) that participates in the State's medical assistance program; and

(ii) is not otherwise included in paragraphs (2)(A) or (2)(B) of this section but agrees with the department to provide hearing screening services for newborns in compliance with Health and Safety Code, Chapter 47, and accepts a one-time grant from the department for the purchase of newborn hearing screening equipment prior to August 31, 2002.

Source: Title 25 - Part 1 - Chapter 37 - Subchapter S Newborn Hearing Screening

(a) A health benefit plan that provides benefits for a family member of the insured shall provide coverage for each covered child described by Section 5 of this article for: (1) a screening test for hearing loss from birth through the date the child is 30 days old, as provided by Chapter 47, Health and Safety Code; and

(2) necessary diagnostic follow-up care related to the screening test from birth through the date the child is 24 months old. (b) The commissioner may adopt rules to implement the requirement of this section. (c) This section applies to any health benefit plan that provides coverage or benefits to a resident of this state, without regard to whether the issuer of the health benefit plan is located within or outside this state. This section does not require the issuer of a health benefit plan to provide coverage under this section for the child of a resident of this state who: (1) is employed outside of this state; and (2) is covered under a health benefit plan maintained for the individual by the individual's employer as an employment benefit.

Sec. 5. COVERED CHILDREN. [(b)] A child is entitled to benefits under this article [section] if the child, as a result of the child's relationship to an enrollee in the health benefit plan, would be entitled to benefits under an accident and sickness insurance policy under Subsection (K), (L), or (M), Section 2, Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance Code).

Source: HB714, 1999

Rule: RULE '37.512 Authorized Medicaid Newborn Hearing Services

(a) A newborn hearing screening test performed by a birthing facility in accordance with Health and Safety Code, Chapter 47 and the requirements of this subchapter for a newborn who receives medical assistance or who is Medicaid-eligible is a covered service of the Texas Medical Assistance (Medicaid) Program. (b) Any necessary diagnostic follow-up care related to the newborn hearing screening test provided to a newborn who receives medical assistance or who is Medicaid-eligible is a covered service of the Texas Medical Assistance Program. (c) The reimbursement rates and methodology for covered services described in this section shall be established by the Texas Health and Human Services Commission. (d) A Medicaid birthing facility described in '37.502(2)(A) or (B) of this title (relating to Definitions) shall implement its newborn hearing screening program by the dates required by Chapter 1347, '6, Acts of the 76th Legislature, 1999 (HB 714).

Source: Title 25 - Part 1 - Chapter 37 - Subchapter S Newborn Hearing Screening

Source: HB714, 1999

Rule: RULE §37.507 Information Concerning Screening Results and Follow-up Care (a) Birthing facilities shall provide information regarding the results of the birth admission hearing screen to the parents, attending physician or health care provider, and to the department or the department's designee. Individually identified information will be reported to the department upon written consent of the parents.

Source: Title 25 - Part 1 - Chapter 37 - Subchapter S Newborn Hearing Screening

Source: HB714, 1999

Rule: RULE §37.507 Information Concerning Screening Results and Follow-up Care

(b) Birthing facilities must provide information recommended by the department to the parents regarding available follow-up services for newborns and infants with abnormal screening results.

Source: Rules (Title 25 - Part 1 - Chapter 37 - Subchapter S Newborn Hearing Screening)

Source: HB714, 1999

Rule: §37.511 a) The birthing facility shall obtain a statement of consent from the parent, guardian, or managing conservator if individually identifying information for newborns tested under this chapter is disclosed to the department or its designee.

(b) All primary referral sources identified in §621.45 of this title (relating to Primary Referral Requirements) shall provide information concerning children diagnosed with hearing loss to the Interagency Council on Early Childhood Intervention.

(c) The department shall prepare appropriate language for consent forms for disclosing individually identifying information and shall make samples available to birthing facilities.

(d) At any time a parent may request in writing that individually identifying information concerning his or her child be removed from the department's newborn hearing screening system by contacting the Texas Department of Health, Audiology Services Program, 1100 West 49th Street, Austin, Texas, 78756. The department shall act on any request in a timely manner.

Source: TITLE 25, PART 1, CHAPTER 37, SUBCHAPTER S, RULE 37.511

Source: HB714, 1999

Rules: §37.511 (f) A birthing facility and any other entity or person cited in Health and Safety Code, §47.009 which discloses individually identifying information regarding newborn hearing screening results to the department in good faith pursuant to this section is not subject to civil or criminal liability, as provided by Health and Safety Code, §47.009. (g) If consent to disclose individually identifying information to the department is obtained, the facility obtaining consent shall maintain the consent in the patient's medical record.

Source: TITLE 25, PART 1, CHAPTER 37, SUBCHAPTER S RULE §37.511

Definition Sec. 47.001. (4)
(4) "Hearing loss" means a hearing loss of 30 dB HL or greater in the frequency region important for speech recognition and comprehension in one or both ears, approximately 500 through 4,000 Hz. As technological advances permit the detection of less severe hearing loss, the department may modify this definition by rule.