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be repealed; and that §16-22-3 and §16-22-5 be amended and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.