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Introduced Version House Bill 2447 History

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hb2447 intr
H. B.2447


(By Delegates Staton, Amores, Campbell,

Mahan and G. White)



[Introduced February 15, 2005; Referred to the committee on Health and Human Resources then Finance.]



A BILL to repeal §16-22-6 of the code of West Virginia, 1931, as amended; and to amend and reenact §16-22-3 and §16-22-5 of said code, all relating to tests for congenital adrenal hyperplasia (CAH),biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD) in newborn children and payment for the same.

Be it enacted by the Legislature of West Virginia:
That §16-22-6 of the code of West Virginia, 1931, as amended, be repealed; and that §16-22-3 and §16-22-5 be amended and reenacted to read as follows:
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA AND HYPOTHYROIDISM AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.
§ 16-22-3. Tests for phenylketonuria, galactosemia and hypothyroidism , congenital adrenal hyperplasia (CAH), biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD), and certain other diseases specified by the state public health commissioner; reports; assistance to afflicted children; public health commissioner to promulgate rules.

(a) The hospital or birthing center in which an infant is born, the parents or legal guardians, the physician attending a newborn child, or any person attending a newborn child not under the care of a physician shall require and ensure that each such child be tested for phenylketonuria, galactosemia, hypothyroidism, congenital adrenal hyperplasia (CAH),biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD), and certain other diseases specified by the state public health commissioner according to current recommendations of the state bureau of public health. Any test found positive for phenylketonuria, galactosemia, hypothyroidism, congenital adrenal hyperplasia (CAH), biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD), or certain other diseases specified by the state public health commissioner shall be promptly reported to the state bureau of public health by the director of the laboratory performing such test.
(b) The state bureau of public health, in cooperation with other state departments and agencies, and with attending physicians, is authorized to provide medical, dietary and related assistance to children determined to be afflicted with phenylketonuria, galactosemia, hypothyroidism, congenital adrenal hyperplasia (CAH), biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD), and certain other diseases specified by the state public health commissioner.
(c) The state public health commissioner is authorized to promulgate rules pursuant to chapter twenty-nine of this code to implement the provisions of this section, with the approval of the secretary of the department of health and human resources.
§ 16-22-5. Fees for testing; payment of same.
(a) Testing required under this article shall be a covered benefit reimbursable by all health insurers except for health insurers that offer only supplemental coverage policies or policies which cover only specified diseases. All policies issued pursuant to articles fifteen, sixteen, twenty-four and twenty-five-a of chapter thirty-three of this code shall provide coverage for the testing required under this article.
(b) The department of health and human resources shall pay for testing required under this article when the newborn infant is eligible for medical assistance under the provisions of section twelve, article five, chapter nine of this code.
(c) In the absence of a third-party payor, the parents of a newborn infant shall be informed of the testing availability and its costs and they may refuse to have the testing performed. Charges for the testing required under this article shall be paid by the hospital or other health care facility where the infant's birth occurred:
Provided, That nothing contained in this section may be construed to preclude the hospital or other health care facility from billing the infant's parents directly.

Note: This bill provides additional tests for newborn child, that include, congenital adrenal hyperplasia (CAH),biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD).



Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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