2020 -- S 2367

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LC003860

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HEALTH AND SAFETY -- NEWBORN SCREENING PROGRAM

     Introduced By: Senators Lawson, Miller, Satchell, Nesselbush, and Cano

     Date Introduced: February 13, 2020

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-13-14 of the General Laws in Chapter 23-13 entitled "Maternal

and Child Health Services for Children with Special Health Care Needs" is hereby amended to

read as follows:

     23-13-14. Newborn screening program.

     (a) The physician attending a newborn child shall cause that child to be subject to

newborn screening tests for metabolic, endocrine, and hemoglobinopathy disorders, and other

conditions for which there is a medical benefit to the early detection and treatment of the

disorder, and an assessment for developmental risk. The department of health shall make rules

and regulations pertaining to screenings, diagnostic, and treatment services as accepted medical

practice shall indicate. Such rules and regulations shall include, at a minimum, newborn screening

tests for all disorders and conditions listed in the current version of the federal Recommended

Uniform Screening Panel (RUSP) issued by the Secretary of the U.S. Department of Health and

Human Services, and shall include newborn screening tests for all new disorders or conditions

added to the federal RUSP within two (2) years after the disorder or condition is added; provided,

if the director of health determines in writing that it is not practicable to include a new disorder or

condition within two years, the time period may be extended for the shortest amount of time

necessary, as determined by the director. The provisions of this section shall not apply if the

parents of the child object to the tests on the grounds that those tests conflict with their religious

tenets and practices.

     (b) In addition, the department of health is authorized to establish by rule and regulation a

reasonable fee structure for the newborn screening and disease control program, which includes

but is not limited to screening, diagnostic, and treatment services. The program shall be a covered

benefit and be reimbursable by all health insurers, as defined in § 27-38.2-2(4), providing health

insurance coverage in Rhode Island except for supplemental policies which only provide

coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental

policies. The department of human services shall pay for the program where the patient is eligible

for medical assistance under the provisions of chapter 8 of title 40. The charges for the program

shall be borne by the hospitals or other health-care facilities where births occur in the absence of

a third-party payor. Nothing in this section shall preclude the hospital or health care facility from

billing the patient directly.

     (c) There is created within the general fund a restricted receipt account to be known as

the "newborn screening account" to implement the provisions of § 23-13-13 and § 23-13-14. All

funds received pursuant to § 23-13-13 and § 23-13-14 shall be deposited in the account. Funding

dedicated exclusively to implement the provisions of § 23-13-13 and § 23-13-14 and received by

the department of health from sources other than those identified in § 23-13-13 and § 23-13-14

may also be deposited in the newborn screening account. The general treasurer is authorized and

directed to draw his or her orders on the account upon receipt of properly authenticated vouchers

from the department of health.

     SECTION 2. This act shall take effect on January 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- NEWBORN SCREENING PROGRAM

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     This act would mandate the rules and regulations of the department of health pertaining

to newborn screening to include at a minimum, newborn screening tests for all disorders and

conditions listed in the current federal Recommended Uniform Screening Panel and include new

disorders or conditions within two (2) years unless it is not practicable to include a new disorder.

     This act would take effect on January 1, 2021.

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