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Delaware Summary of Universal Newborn Hearing Screening Legislation
Issue Excerpts from Legislation/Rules & Regulations
Year Passed 2005 HB 205
Full
Implementation by:
Oct 7, 2005

Statute: Sec.4
Section 4. This Act shall become effective 90 days following its enactment into law and shall apply to health insurance policies delivered, issued for delivery, renewed, extended, or modified after said effective date.

Source: HB 205
Requires
Screening of:
All Babies

Statute: Sec.1, 804A.
804A. Newborn and Infant Hearing Screening Programs.
As a condition of its licensure, each hospital shall establish a Universal Newborn Hearing Screening (UNHS) program. Each UNHS program shall: (1) provide a hearing screening test for every newborn born in the hospital, for identification of hearing loss, regardless of whether or not the newborn has known risk factors suggesting hearing loss.

Source: HB 205
Advisory Committee
Established?
   
Covered Benefit of Health Insurance? Yes

Statute: Sec.1, 807A
807A. Delivery of Policy.

If a health insurance policy provides coverage or benefits to a resident of this state, it shall be deemed to be delivered in this state within the meaning of this Chapter, regardless of whether the health care insurer issuing or delivering said policy is located inside or outside of the state.”…

Sec.2 & 3

3352. Newborn and Infant Hearing Screening; Coverage and Reimbursement. (a) Any individual health insurance policy which is delivered, issued for delivery, renewed, extended, or modified in this state by any health care insurer and which provides coverage for a child shall be deemed to provide coverage for hearing loss screening tests of newborns and infants provided by a hospital before discharge.

(b) A health care insurer delivering a health insurance policy regulated under this Chapter shall provide each insured with notice of the provisions of this Chapter upon the effective date of coverage and annually thereafter.

(c) The amount of reimbursement for newborn or infant hearing screening provided under such a policy shall be consistent with reimbursement of other medical expenses under the policy, including the imposition of co-payment, coinsurance, deductible, or any dollar limit or other cost-sharing provisions otherwise applicable under the policy.”

Section 3. Amend Chapter 35, Title 18 of the Delaware Code, by inserting therein a new section as follows: Ҥ 3568. Newborn and Infant Hearing Screening; Coverage and Reimbursement.

(a) Any group or blanket insurance health insurance policy which is delivered, issued for delivery, renewed, extended, or modified in this state by any health care insurer and which provides coverage for a child shall be deemed to provide coverage for hearing loss screening tests of newborns and infants provided by a hospital before discharge.

(b) A health care insurer delivering a health insurance policy regulated under this Chapter shall provide each insured with notice of the provisions of this Chapter upon the effective date of coverage and annually thereafter.

(c) The amount of reimbursement for newborn or infant hearing screening provided under such a policy shall be consistent with reimbursement of other medical expenses under the policy, including the imposition of co-payment, coinsurance, deductible, or any dollar limit or other cost-sharing provisions otherwise applicable under the policy.”Source: HB 205
Report to
State DOH
   
Provision of
Educational
Materials?
   
Informed Consent by Parents?    
Liability Immunity? Yes

Statute: Sec.1, 805A
805A. Civil and Criminal Immunity and Penalties.

(a) No physician shall be civilly or criminally liable for failure to conduct hearing screening testing. (b) No physician or hospital acting in compliance with this Chapter shall be civilly or criminally liable for any acts taken in conformity herewith, including without limitation furnishing information required to be furnished hereunder.Source: HB 205
Parental Objection Exclusion?    
Hearing Impairment Defined? Yes

Definition Sec.1, 803A, (11)
(11) “Significant hearing loss” means a hearing loss equivalent to or greater than a 35-decibel hearing loss (35-dB HL) in the better ear.

Source: HB 205

National Center for Hearing Assessment & Management
Utah State University - 2615 Old Main Hill - Logan, Utah 84322
Tel: 435.797.3584
Questions & Comments