I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hearing Loss Testing

5 Act of 1995’’.

6 SEC. 2. REQUIRING HEARING LOSS TESTING FOR ALL

7 NEWBORNS IN THE UNITED STATES.

8 (a) IN GENERAL.—The Secretary of Health and

9 Human Services shall require that every child born in the

10 United States receive testing for hearing loss at the time
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1 of birth in accordance with standards established under

2 subsection (b).

3 (b) ESTABLISHMENT OF UNIFORM STANDARDS FOR

4 HEARING LOSS TESTING PROGRAMS.—As soon as prac5 ticable after the date of the enactment of this Act, the

6 Secretary shall promulgate regulations which establish

7 uniform standards for the testing of hearing loss at the

8 time of birth under this section.

9 (c) ENFORCEMENT.—The Secretary shall establish

10 by regulation appropriate enforcement mechanisms, such

11 as loss of provider participation under title XVIII or XIX

12 of the Social Security Act, to assure compliance with the

13 requirement of subsection (a).

14 (d) EFFECTIVE DATE.—Subsection (a) shall apply to

15 children born on or after the date standards are estab16 lished under subsection (b).

17 SEC. 3. REQUIRING COVERAGE OF HEARING LOSS TESTING

18 IN HEALTH INSURANCE POLICIES.

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, each health insurance policy (including con21 tracts for coverage by health maintenance organizations)

22 which provides for any benefits with respect to a newborn

23 shall include coverage for testing for hearing loss in

24 newborns in accordance with the standards established

25 under section 2(b).
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1 (b) ENFORCEMENT.—The Secretary of Health and

2 Human Services is authorized to initiate action in any

3 Federal district court in a district in which the issuer of

4 a health insurance policy is doing business in order to as5 sure compliance with the requirement of subsection (a).

6 (c) EFFECTIVE DATE.—This section shall apply to

7 policies issued or renewed in the United States on or after

8 the date of establishment of standards under section 2(b).

9 SEC. 4. MEDICAID CLARIFICATION.

10 (a) IN GENERAL.—Section 1905(r)(1) of the Social

11 Security Act (42 U.S.C. 1396d(r)(1)) is amended by add12 ing at the end the following: ‘‘Screening services under

13 this paragraph shall include testing for hearing loss in

14 newborns in accordance with standards established under

15 section 2(b) of the Hearing Loss Testing Act of 1995.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on the first day of the first

18 calendar quarter beginning after the date standards are

19 established under section 2(b).

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

21 NEWBORNS.

22 (a) IN GENERAL.—The Secretary of Health and

23 Human Services shall provide for such a grant or other

24 program as may be necessary to assure that all newborns

25 in the United States are provided testing for hearing loss
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1 at the time of birth. Such a program shall be designed

2 in a manner so as not to duplicate the provision of such

3 testing under section 3 or under the medicaid program

4 (under the amendment made by section 4(a)).

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated for fiscal year 1996 and

7 each succeeding fiscal year such sums as may be necessary

8 to carry out the program under subsection (a).

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