NY Pub Health L § 2500-G (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 1 - General Provisions 2500-G - Newborn Infant Hearing Screening.

§ 2500-g. Newborn infant hearing screening. 1. The commissioner shall, within  the  amounts  appropriated  therefor,  and  in consultation with health care providers or their representatives, establish a  program  to screen   newborn  infants  for  hearing  problems.  This  program  shall 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. The program shall  provide  for  follow-up screening  including referrals for screening or care. Such program shall also provide for the reimbursement of health care  providers  performing such services under the program.   2.  It  shall  be  the  duty  of  the  administrative officer or other designated  person  at  each  facility  licensed  pursuant  to   article twenty-eight  of  this  chapter  caring  for  newborn infants, to either administer a hearing screening upon each such newborn infant or, if  the facility  is  not  reasonably  able  to screen a newborn infant prior to discharge, provide a referral for  the  newborn  infant  to  obtain  the service  following  discharge.  Facilities  subject to the provisions of this section that administer a newborn infant  hearing  screening  shall report  to  the  department  in  a  manner  and  format  required by the commissioner:  (a) the results of each newborn infant hearing screening performed;  (b) instances in which a  newborn  infant  hearing  screening  is  not performed  on a newborn infant before such infant is discharged from the facility; and  (c) such  other  information  or  data  as  may  be  required  by  the commissioner  pursuant  to  regulation  to  fulfill the purposes of this section.   3. Any person who performs a newborn infant hearing screening, meaning a hearing screening performed  upon  a  newborn  infant,  other  than  a hearing screening administered by a facility pursuant to subdivision two of  this  section, or upon a child under six months of age, shall report to the department, in a manner and format required by  the  commissioner pursuant to regulation:  (a)  the  results  of each newborn infant hearing screening performed; and  (b) such  other  information  or  data  as  may  be  required  by  the commissioner to fulfill the purposes of this section.   4.  The  department  shall  collect  and  maintain  the newborn infant hearing results and information provided pursuant  to  subdivisions  two and three of this section in a statewide information system developed by the department for such purpose.   5.  The  department  shall  provide  access  to newborn infant hearing screening results and other information or data  as  determined  by  the department  to  the  following  persons  or  entities  for the following purposes:  (a) The commissioner of health for the purposes of  outreach,  quality improvement  and  accountability,  research, and epidemiological studies and disease control;  (b) The commissioner of health and mental hygiene for the city of  New York  and  local  health  departments  for purposes of outreach, quality improvement and accountability, research,  epidemiological  studies  and disease control;  (c)  Health  care  professionals  licensed  under  title  eight of the education law and their designees for the purposes of determining,  with respect  to  newborn  infants  or  children  under their care, whether a newborn infant hearing screening was performed, whether  a  re-screening or  other  follow-up  is  necessary,  to  enter  newborn  infant hearing screening results and data, and for treatment purposes;  (d) A facility licensed under article  twenty-eight  of  this  chapter that  administers a newborn infant hearing screening for the purposes of entering newborn infant hearing screening  results  and  data  into  the statewide  information  system  and  determining  whether  a  screening, re-screening or other follow-up is necessary;  (e)  Third party payers as defined in paragraph (f) of subdivision two of section twenty-one  hundred  sixty-eight  of  this  chapter  for  the purposes  of  quality assurance, accountability and outreach relating to enrollees covered by the third party payer; and  (f) A commissioner of a local social services district with regard  to newborn infants or children in his or her legal custody.   6. All newborn hearing screening results and other information or data maintained  by  the  department  shall  be confidential and shall not be disclosed except as provided for in this section. The parent or guardian of a newborn infant or child for whom a newborn infant hearing screening was performed may obtain a copy of the newborn infant hearing  screening results from:  (a)   The  facility  that  administered  the  newborn  infant  hearing screening;  (b) The person who performed the screening, if the screening  was  not administered at a facility subject to the provisions of this section; or  (c)  The  statewide  information  system that maintains the results by requesting  the  record  pursuant  to  procedures  established  by   the commissioner in regulation.