Chapter 211

2011 -- S 0200

Enacted 07/01/11





     Introduced By: Senators Sosnowski, Perry, and Miller

     Date Introduced: February 09, 2011


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 including assessment for developmental risk

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. 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 section 27-38.2-2(1), 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 section 23-13-13 and section 23-

13-14. All funds received pursuant to section 23-13-13 and section 23-13-14 shall be deposited in

the account. Funding dedicated exclusively to implement the provisions of section 23-13-13 and

section 23-13-14 and received by the department of health from sources other than those

identified in section 23-13-13 and section 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 upon passage.