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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 396 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 396

 To require hearing loss testing for all newborns in the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Walsh introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL

 
 To require hearing loss testing for all newborns in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Hearing Loss Testing Act of 1995''.

SEC. 2. REQUIRING HEARING LOSS TESTING FOR ALL NEWBORNS IN THE UNITED 
              STATES.

    (a) In General.--The Secretary of Health and Human Services shall 
require that every child born in the United States receive testing for 
hearing loss at the time of birth in accordance with standards 
established under subsection (b).
    (b) Establishment of Uniform Standards for Hearing Loss Testing 
Programs.--As soon as practicable after the date of the enactment of 
this Act, the Secretary shall promulgate regulations which establish 
uniform standards for the testing of hearing loss at the time of birth 
under this section.
    (c) Enforcement.--The Secretary shall establish by regulation 
appropriate enforcement mechanisms, such as loss of provider 
participation under title XVIII or XIX of the Social Security Act, to 
assure compliance with the requirement of subsection (a).
    (d) Effective Date.--Subsection (a) shall apply to children born on 
or after the date standards are established under subsection (b).

SEC. 3. REQUIRING COVERAGE OF HEARING LOSS TESTING IN HEALTH INSURANCE 
              POLICIES.

    (a) In General.--Notwithstanding any other provision of law, each 
health insurance policy (including contracts for coverage by health 
maintenance organizations) which provides for any benefits with respect 
to a newborn shall include coverage for testing for hearing loss in 
newborns in accordance with the standards established under section 
2(b).
    (b) Enforcement.--The Secretary of Health and Human Services is 
authorized to initiate action in any Federal district court in a 
district in which the issuer of a health insurance policy is doing 
business in order to assure compliance with the requirement of 
subsection (a).
    (c) Effective Date.--This section shall apply to policies issued or 
renewed in the United States on or after the date of establishment of 
standards under section 2(b).

SEC. 4. MEDICAID CLARIFICATION.

    (a) In General.--Section 1905(r)(1) of the Social Security Act (42 
U.S.C. 1396d(r)(1)) is amended by adding at the end the following: 
``Screening services under this paragraph shall include testing for 
hearing loss in newborns in accordance with standards established under 
section 2(b) of the Hearing Loss Testing Act of 1995.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first calendar quarter beginning 
after the date standards are established under section 2(b).

SEC. 5. PROGRAMS OF HEARING LOSS TESTING FOR OTHER NEWBORNS.

    (a) In General.--The Secretary of Health and Human Services shall 
provide for such a grant or other program as may be necessary to assure 
that all newborns in the United States are provided testing for hearing 
loss at the time of birth. Such a program shall be designed in a manner 
so as not to duplicate the provision of such testing under section 3 or 
under the medicaid program (under the amendment made by section 4(a)).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1996 and each succeeding fiscal year such 
sums as may be necessary to carry out the program under subsection (a).

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