ENROLLED
H. B. 4513
(By Delegates
Hatfield, Marshall, Long, Eldridge, Spencer,
Fleischauer, Longstreth, Rodighiero, Rowan, Ashley and Border
)
[Passed March 8, 2008; in effect ninety days from passage.]
AN ACT to
amend and reenact §16-22-3 of the Code of West Virginia,
1931, as amended, relating to the reimbursement of costs for
newborn screenings by designated health insurers in the state.
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 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 the first day of July,
two thousand eight, 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.
(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 test.
(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 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.