Requires reporting of newborn hearing screening results and data to the department of health

Section 1 of the bill also would authorize certain entities and individuals to access results and data for specified purposes. Authorized users would include health care providers, who would be able to access the system to input individual hearing screening results and to check on the status of hearing screenings for a particular patient. The Commissioner of Health and the Commissioner of Health and Mental Hygiene for New York City would be authorized to use the system for purposes including outreach, quality improvement, accountability and research. A newborn infant's parent or guardian would be able to obtain hearing screening results, and all results and data would be confidential.

Section 2 of the bill would amend PHL § 2168 to make a technical correction to clarify that data disclosed to the statewide immunization information system (NYSIIS) must be provided for by statute or regulation, not both, and would authorize DOH to require the collection of and access to newborn hearing screening data and results through NYSIIS.

Section 3 of the bill provides that the bill would take effect on January 1, 2011.

Existing law

PHL § 2500-g requires DOH to establish a program to screen newborn infants for hearing problems. The program must: (1) incorporate consensus medical guidelines and protocols, reflecting the most cost-effective methods for detecting hearing problems as early as possible in an infant's life; (2) provide for follow-up screening, including referrals for screening or care; and (3) provide for the reimbursement of health care providers performing such services under the program. PHL § 2500-g further imposes a duty upon the administrative officer, or other designated person, at each institution caring for newborn infants, to either administer such a program or provide a referral for the patient to obtain the service following discharge.

PHL § 2168 requires DOH to establish a statewide automated and electronic immunization information system - NYSIIS - to collect reports of immunizations and blood lead analyses performed by physician office laboratories for children. PHL § 2168 also authorizes the exchange of particular information between NYSIIS and authorized users.

Part 69-8 of Title 10 of the New York Codes, Rules and Regulations (NYCRR), concerning the infant hearing screen program, applies to facilities that care for infants, meaning general hospitals and certain clinics. Each facility must to administer an infant hearing screen program, directly or by contract, which involves: (1) the performance of inpatient hearing screening before a newborn infant's discharge from the facility; (2) the communication of infant hearing screening results to parents; (3) the performance of follow-up screening on an outpatient basis, or the provision of referrals for such follow-up screening, for those newborn infants who fail the hearing screening or who do not receive such screening; (4) referral of infants suspected of having a hearing loss to the Early Intervention Program; (5) the reporting of aggregate data to DOH, upon request, in a form and frequency prescribed by the Commissioner; and (6) the establishment of facility quality assurance protocols to ensure the effectiveness of the infant hearing screening program.

Legislative history

This is a new bill.

Statement in support

Without early identification and intervention, children with hearing loss may experience delays in the development of language and cognitive and social skills that may prevent success in academic and occupational achievement. Accordingly, it is essential that infants with hearing loss are identified early and appropriate intervention services are initiated.

The mission of the Early Hearing Detection and Intervention (EHDI) Program, operated by the United States Centers for Disease Control and Prevention (CDC), is for every state and territory to have a complete EHDI tracking and surveillance system that ensures children with hearing loss achieve communication and social skills commensurate with their cognitive abilities. Such systems are intended to meet the specific goal of increasing the proportion of newborn infants who: (I) are screened for hearing loss by the time they are one month old; (2) undergo an audiologic evaluation by the age of three months; and (3), are enrolled in appropriate intervention services by the time they reach six months of age.

CDC maintains a national database on early hearing detection and intervention efforts. The information each state reports to CDC is based on individual newborn infant hearing data collected by the state. Currently, New York State is the only state that does not collect individualized newborn infant hearing screening data and is unable to fully contribute to CDC's national database. In light of this, CDC is interested in New York State's efforts to correct this deficiency and contribute accurate and complete information to the national database on early hearing detection and intervention efforts.

Early identification of hearing loss is also supported by the American Academy of Audiology, the American Academy of Otolaryngology-Head and Neck Surgery, the American Academy of Pediatrics (AAP), the American Speech-Language-Hearing Association, and the Council on Education of the Deaf. The Joint Committee on Infant Hearing (JCIH) has endorsed early detection of and intervention for infants with hearing loss and has stated that "(i)nformation systems should be designed to interface with electronic health records and should be used to measure outcomes and report the effectiveness of EHDI services at the community, state, and federal levels."

Reports of aggregate newborn hearing screening data to DOH do not allow individual tracking and surveillance measures to be implemented. Authorizing DOH to establish a statewide system for the reporting of and access to hearing screening information will allow health care providers to review their patients' newborn infant hearing screening histories and encourage further screening where needed. DOH will also be able to use individualized information to help identify and track children who need hearing screenings or intervention services.

Budget implications

This bill is not expected to have a fiscal impact for the State or any locality.

EFFECTIVE DATE This bill would take effect on January 1, 2011.