2021 -- S 0234 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- NEWBORN SCREENING PROGRAM

     Introduced By: Senators Lawson, Miller, Cano, Goldin, Valverde, Quezada, Bell,
DiMario, and Murray

     Date Introduced: February 10, 2021

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

of the disorder or condition 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 for which

there is a medical benefit to the early detection and treatment of the disorder or condition 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 (2) 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, 2022.

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

or condition 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, 2022.

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