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Nebraska Summary of Universal Newborn Hearing Screening Legislation
Issue Excerpts from Legislation/Rules & Regulations
Year Passed 2000 LB 950 (2000)
Full
Implementation by:
December 1, 2003 Statute: 71-4742. (1) By December 1, 2003, each birthing facility shall include a hearing screening test as part of its standard of care for newborns and shall establish a mechanism for compliance review. By December 1, 2003, a hearing screening test shall be conducted on no fewer than ninety-five percent of the newborns born in this state.

Source: LB950, 2000

Requires
Screening of:
> 95% Statute: 71-4742. (1) By December 1, 2003, each birthing facility shall include a hearing screening test as part of its standard of care for newborns and shall establish a mechanism for compliance review. By December 1, 2003, a hearing screening test shall be conducted on no fewer than ninety-five percent of the newborns born in this state. (2) If the number of newborns receiving a hearing screening test does not equal or exceed ninety-five percent of the total number of newborns born in this state on or before December 1, 2003, or falls below ninety-five percent atany time thereafter, the Department of Health and Human Services shall immediately adopt and promulgate rules and regulations implementing a hearing screening program. The hearing screening program shall provide for a hearing screening test that every newborn born in this state shall undergo and shall provide that the hearing screening test be completed during birth admission or, if that is not possible, no later than three months after birth. Notwithstanding this section, it is the goal of this state to achieve a one hundred-percent screening rate.

Source: LB950, 2000

Advisory Committee
Established?
   
Covered Benefit of Health Insurance?   Statute: 44-796. Coverage for certain hearing screening tests; requirements.

(1) Notwithstanding section 44-3, 131:

(a) Under a health insurance plan which provides coverage for hearing screening tests for newborns and infants, such coverage shall be subject to copayment, coinsurance, deductible, and dollar-limit provisions to the extent that other medical services covered by the health insurance plan are subject to such provisions; and

(b)This sections applies to health insurance plans delivered, issued for delivery, or which become effective on or after April 11, 2000, and also applies to all renewals or changes which are effective on or after April 11, 2000.

(2) For purposes of this section, health insurance plan means a plan which includes dependent coverage for children which is delivered, issued for delivery, renewed, extended, or modified in this state. A health insurance plan includes any such group or individual sickness and accident insurance policy, health maintenance organization contract, subscriber contract, employee medical, surgical, or hospital care benefit plan, or self-funded employee benefit plan to the extent not preempted by federal law. Health insurance plan does not include policies providing coverage for a specific disease, accident-only coverage, hospital indemnity coverage, disability income coverage, medicare supplement coverage, long-term care coverage, or other limited-benefit coverage.

(3) The Department of Insurance shall adopt and promulgate rules and regulations necessary to implement this section.

Source: Laws 2000, LB 950

Statute: 68-1019.06. Hearing screening tests for newborns and infants; how paid.

(1) The Department of Health and Human Services Finance and Support shall provide payment for hearing screening tests for newborns and infants through the medical assistance program if the child is eligible for medical assistance as determined by state and federal law.

(2) Any contract for the provision of medical assistance negotiated with a managed care organization shall include payment for hearing screening tests for newborns and infants.

Source: Laws 2000, LB 950.

Report to
State DOH
Yes Statute: 71-4739. Birthing facility; confirmatory testing facility; reports required. (1) Beginning December 1, 2000, and annually thereafter, every birthing facility shall report to the Department of Health and Human Services the number of:(a) Newborns born; (b) Newborns and infants recommended for a hearing screening test; (c) Newborns who received a hearing screening test during birth admission; (d) Newborns who passed a hearing screening test during birth admission if administered; (e) Newborns who did not pass a hearing screening test during birth admission if administered; and (f) Newborns recommended for monitoring, intervention, and followup care.(2) Beginning December 1, 2000, and annually thereafter, every confirmatory testing facility shall report to the Department of Health and Human Services the number of: (a) Newborns and infants who return for a followup hearing test; (b) Newborns and infants who do not have a hearing loss based upon the followup hearing test; and. (c) Newborns and infants who are shown to have a hearing loss based upon the followup hearing test.

Source: LB950, 2000

Provision of
Educational
Materials?
Yes Statute: 71-4740. Hearing loss educational information. (1) Beginning January 1, 2001, every birthing facility shall educate the parents of newborns born in such facilities of the importance of receiving a hearing screening test and any necessary followup care. This educational information shall explain, in lay terms, the hearing screening test, the likelihood of the newborn having a hearing loss, follow-up procedures, and community resources, including referral for early intervention services under the Early Intervention Act. The educational information shall also include a description of the, normal auditory, speech, and language developmental process in children. Education shall not be considered a substitute for the hearing screening test.

(2) If a newborn is not born in a birthing facility, the Department of Health and Human Services shall educate the parents of such newborns of the importance of receiving a hearing screening test and any necessary followup care. The department shall also give parents information to assist them in having the test performed within three months after the date of the child's birth.

Source: LB950, 2000

Informed Consent by Parents?    
Liability Immunity?    
Parental Objection Exclusion?    

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