H. B. 2693
(By Delegates Phillips, Lawrence, Hall,
Ross, Givens, Frazier and Stowers)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §16-22-3 of the Code of West Virginia,
1931, as amended, relating to the expansion of newborn testing
to include testing for illegal drugs in newborns.
Be it enacted by the Legislature of West Virginia:
That §16-22-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA,
GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN
OTHER DISEASES IN NEWBORN CHILDREN.
§16-22-3. Tests for diseases specified by the State Public Health
Commissioner; reports; assistance to afflicted
children; Public Health Commissioner to propose
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,
sickle cell anemia and certain other diseases specified by the
Bureau for Public Health. The Bureau for Public Health shall also
require testing for congenital adrenal hyperplasia, cystic fibrosis
and biotinidase deficiency. No later than July 1, 2008, the Bureau
for Public Health shall also require testing for isovaleric
acidemia, glutaric acidemia type I, 3-Hydroxy-3-methylglutaric
aciduria, multiple carboxylase deficiency, methylmalonic
acidemia-mutase deficiency form, 3-methylcrotonyl-CoA carboxylase
deficiency, methylmalonic acidemia, Cbl A and Cbl B forms,
propionic acidemia, beta-ketothiolase deficiency, medium-chain
acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA
dehydrogenase deficiency, long-chain hydroxyacyl-CoA dehydrogenase
deficiency, trifunctional protein deficiency, carnitine uptake
defeat, maple syrup urine disease, homocystinuria, citrullinemia
type I, argininosuccinate acidemia, tyrosinemia type I, hemoglobin
S/Beta-thalassemia, sickle C disease and hearing deficiency. No
later than July, 2009, the Bureau for Public Health shall also
require testing of a newborn child for illegal drugs.
(b) A positive result on any test specified in subsection (a)
of this section, or a positive result for any other diseases
specified by the Bureau for Public Health, shall be promptly reported to the Bureau for Public Health by the director of the
laboratory performing such the test and documented on the chart of
the child.
(c) Newborn screenings shall be considered a covered benefit
reimbursed to the birthing facilities by Public Employees Insurance
Agency, the State Children's Health Insurance Program, the Medicaid
program and all health insurers whose benefit package includes
pregnancy coverage and who are licensed under chapter thirty-three
of this code.
(d) The Bureau for Public Health shall propose rules for
legislative approval in accordance with article three, chapter
twenty-nine of this code. These legislative rules shall include:
(1) A means for the Bureau for Public Health, in cooperation
with other state agencies, and with attending physicians, to
provide medical, dietary and related assistance to children
determined to be afflicted with any disease or condition specified
in subsection (a) of this section and certain other diseases
specified by the Bureau for Public Health; and
(2) A means for payment for the screening provided for in this
section; and
(3) Anything further considered necessary by the Bureau for
Public Health to implement the provisions of this section.
NOTE: The purpose of this bill is to
expand newborn testing to
include testing for illegal drugs in newborns.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.