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42 U.S.C. § 247b–4aEarly detection, diagnosis, and interventions for newborns and infants with hearing loss

submitted 27 years ago by Pub. L. 106-113 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,712 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law funds programs to screen newborns and infants for hearing loss and connect them with help early. States get grants to run screening and follow-up programs, and the CDC funds related research and technical support. The goal is screening for every baby, evaluation by 3 months, and help by 6 months if needed.

(a) Definitions These definitions apply only within this section. (1) Hearing screening — objective physical tests to spot possible hearing loss in newborns and infants, and to find out who needs more testing after a rescreening. (2) Audiologic evaluation — tests that check how the hearing system is working, find where and what type of hearing problem exists, judge its effect on communication, and identify treatment and referral options. Referral options should include State early-intervention coordinating agencies or other appropriate agencies, medical evaluation, hearing-aid or sensory-aid assessment, audiologic rehabilitation, national and local consumer, self-help, parent, and education organizations, and other family-centered services. (3) Medical evaluation — a physician's history-taking, examination, and medical decision-making, focused on the relevant body systems, done to diagnose the cause of hearing loss and related conditions and to identify treatment and referral options. (4) Medical intervention — a physician giving a medical diagnosis and directing medical or surgical treatment for hearing loss or a related medical disorder. (5) Audiologic rehabilitation — procedures, techniques, and technologies that help a child with hearing loss communicate, both receiving and expressing language. (6) Early intervention — non-medical services for the child, plus making sure families get full, consumer-oriented information about family support, training, and communication options, and get to consider the full range of educational placements for their child. (b) Purposes This section clarifies that the Public Health Service Act allows statewide newborn and infant hearing screening, evaluation, and intervention programs and systems, technical assistance, national applied research, and collaboration between agencies and the private sector on policy, in order to help States work toward these goals: (1) All babies born in U.S. hospitals or territories should be screened before leaving the birthing facility; babies born elsewhere and living in the U.S. through immigration or adoption should be screened as early as possible. (2) Babies not born in U.S. hospitals or territories should be screened within their first 3 months of life. (3) Newborns and infants suspected of hearing loss should get proper audiologic and medical evaluation by 3 months old, so they can get proper referral, audiologic rehabilitation, medical care, and early intervention before 6 months old. (4) Every newborn and infant hearing screening program should include audiologic rehabilitation, medical care, and early intervention options linked to existing statewide intervention and rehabilitation systems. (5) Public policy on newborn hearing screening and intervention should be based on research and on recognizing that deaf and hard-of-hearing children have unique language, learning, and communication needs, and should result from consulting relevant public and private groups. (c) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems Under its existing authority under the Public Health Service Act, HHS — through the HRSA Administrator — must award grants or cooperative agreements to build statewide newborn and infant hearing screening, evaluation, and intervention programs and systems, to: (1) develop and monitor how well these statewide programs work, including early intervention through referrals to schools and agencies (community, consumer, and parent-based ones included) and programs required under Part C of the Individuals with Disabilities Education Act, which are designed for the specific language and communication needs of deaf and hard-of-hearing children; and (2) collect data on these statewide programs that can be used for applied research, program evaluation, and policy development. (d) Technical assistance, data management, and applied research (1) Centers for Disease Control and Prevention Under existing authority, HHS — through the CDC Director — must award grants or cooperative agreements to give States technical assistance (to add to CDC's own in-house program) and to conduct applied research on these hearing programs. This program must develop standard procedures for data management and measuring program effectiveness and cost, such as ways to: (A) monitor the quality of newborn and infant hearing screening, evaluation, and intervention programs; (B) give technical assistance on collecting and managing data; (C) study the cost and effectiveness of State-based screening, evaluation, and intervention programs, to answer questions important to State and national policymakers; (D) identify the causes and risk factors of hearing loss present at birth; (E) study how effective screening, evaluation, and intervention programs are by checking children's health, intellectual, social, cognitive, and language development at school age; and (F) help share data on early hearing loss with State birth-defects and developmental-disabilities monitoring programs, to find previously unknown causes of hearing loss. (2) National Institutes of Health Under existing authority, the Director of NIH, acting through the Director of the National Institute on Deafness and Other Communication Disorders, must continue researching how effective new screening techniques and technology are, including clinical studies of screening methods and studies on how effective intervention is. (e) Coordination and collaboration (1) In general Under existing authority, in carrying out this section's programs, HRSA, CDC, and NIH must work with other federal agencies; State and local agencies, including those handling Medicaid's Early and Periodic Screening, Diagnosis and Treatment program, the State Children's Health Insurance Program, the Maternal and Child Health Block Grant Program, and Part C of the Individuals with Disabilities Education Act; consumer groups serving deaf and hard-of-hearing people and their families; national medical and other health and education specialty organizations; deaf and hard-of-hearing people and their families; other qualified professionals experienced with deaf or hard-of-hearing children's language needs; third-party payers and managed care organizations; and related industries. (2) Policy development HRSA, CDC, and NIH must coordinate on recommendations for federal and State policy, and with the private sector, on newborn and infant hearing screening, evaluation, and intervention programs and systems. (3) State early detection, diagnosis, and intervention programs and systems; data collection HRSA and CDC must coordinate to help States build hearing screening, evaluation, and intervention programs under subsection (c), and build a data collection system under subsection (d). (f) Rule of construction Nothing in this section overrides any State law. (g) Authorization of appropriations (1) For the statewide programs in subsection (c): $5,000,000 for fiscal year 2000, $8,000,000 for fiscal year 2001, and whatever was necessary for fiscal year 2002, to HRSA. (2) For CDC's technical assistance and research under subsection (d)(1): $5,000,000 for fiscal year 2000, $7,000,000 for fiscal year 2001, and whatever was necessary for fiscal year 2002. (3) For NIH's research under subsection (d)(2), through the National Institute on Deafness and Other Communication Disorders: whatever was necessary for each fiscal year 2000 through 2002.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

For the purposes of this section only, the following terms in this section are defined as follows:

(1) Hearing screening

Newborn and infant hearing screening consists of objective physiologic procedures to detect possible hearing loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations.

(2) Audiologic evaluation

Audiologic evaluation consists of procedures to assess the status of the auditory system; to establish the site of the auditory disorder; the type and degree of hearing loss, and the potential effects of hearing loss on communication; and to identify appropriate treatment and referral options. Referral options should include linkage to State IDEA part C coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent, and education organizations, and other family-centered services.

(3) Medical evaluation

Medical evaluation by a physician consists of key components including history, examination, and medical decision making focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing loss and related physical conditions, and for identifying appropriate treatment and referral options.

(4) Medical intervention

Medical intervention is the process by which a physician provides medical diagnosis and direction for medical and/or surgical treatment options of hearing loss and/or related medical disorder associated with hearing loss.

(5) Audiologic rehabilitation

Audiologic rehabilitation (intervention) consists of procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss.

(6) Early intervention

Early intervention (e.g., nonmedical) means providing appropriate services for the child with hearing loss and ensuring that families of the child are provided comprehensive, consumer-oriented information about the full range of family support, training, information services, communication options and are given the opportunity to consider the full range of educational and program placements and options for their child.

(b) Purposes

The purposes of this section are to clarify the authority within the Public Health Service Act [42 U.S.C. 201 et seq.] to authorize statewide newborn and infant hearing screening, evaluation and intervention programs and systems, technical assistance, a national applied research program, and interagency and private sector collaboration for policy development, in order to assist the States in making progress toward the following goals:

(1)

All babies born in hospitals in the United States and its territories should have a hearing screening before leaving the birthing facility. Babies born in other countries and residing in the United States via immigration or adoption should have a hearing screening as early as possible.

(2)

All babies who are not born in hospitals in the United States and its territories should have a hearing screening within the first 3 months of life.

(3)

Appropriate audiologic and medical evaluations should be conducted by 3 months for all newborns and infants suspected of having hearing loss to allow appropriate referral and provisions for audiologic rehabilitation, medical and early intervention before the age of 6 months.

(4)

All newborn and infant hearing screening programs and systems should include a component for audiologic rehabilitation, medical and early intervention options that ensures linkage to any new and existing statewide systems of intervention and rehabilitative services for newborns and infants with hearing loss.

(5)

Public policy in regard to newborn and infant hearing screening and intervention should be based on applied research and the recognition that newborns, infants, toddlers, and children who are deaf or hard-of-hearing have unique language, learning, and communication needs, and should be the result of consultation with pertinent public and private sectors.

(c) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems

Under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], the Secretary of Health and Human Services (in this section referred to as the “Secretary”), acting through the Administrator of the Health Resources and Services Administration, shall make awards of grants or cooperative agreements to develop statewide newborn and infant hearing screening, evaluation and intervention programs and systems for the following purposes:

(1)

To develop and monitor the efficacy of statewide newborn and infant hearing screening, evaluation and intervention programs and systems. Early intervention includes referral to schools and agencies, including community, consumer, and parent-based agencies and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.], which offer programs specifically designed to meet the unique language and communication needs of deaf and hard-of-hearing newborns, infants, toddlers, and children.

(2)

To collect data on statewide newborn and infant hearing screening, evaluation and intervention programs and systems that can be used for applied research, program evaluation and policy development.

(d) Technical assistance, data management, and applied research
(1) Centers for Disease Control and Prevention

Under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to newborn and infant hearing screening, evaluation and intervention programs and systems. The program shall develop standardized procedures for data management and program effectiveness and costs, such as—

(A)

to ensure quality monitoring of newborn and infant hearing loss screening, evaluation, and intervention programs and systems;

(B)

to provide technical assistance on data collection and management;

(C)

to study the costs and effectiveness of newborn and infant hearing screening, evaluation and intervention programs and systems conducted by State-based programs in order to answer issues of importance to State and national policymakers;

(D)

to identify the causes and risk factors for congenital hearing loss;

(E)

to study the effectiveness of newborn and infant hearing screening, audiologic and medical evaluations and intervention programs and systems by assessing the health, intellectual and social developmental, cognitive, and language status of these children at school age; and

(F)

to promote the sharing of data regarding early hearing loss with State-based birth defects and developmental disabilities monitoring programs for the purpose of identifying previously unknown causes of hearing loss.

(2) National Institutes of Health

Under the existing authority of the Public Health Service Act, the Director of the National Institutes of Health, acting through the Director of the National Institute on Deafness and Other Communication Disorders, shall for purposes of this section, continue a program of research and development on the efficacy of new screening techniques and technology, including clinical studies of screening methods, studies on efficacy of intervention, and related research.

(e) Coordination and collaboration
(1) In general

Under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], in carrying out programs under this section, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with other Federal agencies; State and local agencies, including those responsible for early intervention services pursuant to title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] (Medicaid Early and Periodic Screening, Diagnosis and Treatment Program); title XXI of the Social Security Act [42 U.S.C. 1397aa et seq.], (State Children’s Health Insurance Program); title V of the Social Security Act [42 U.S.C. 701 et seq.] (Maternal and Child Health Block Grant Program); and part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.]; consumer groups of and that serve individuals who are deaf and hard-of-hearing and their families; appropriate national medical and other health and education specialty organizations; persons who are deaf and hard-of-hearing and their families; other qualified professional personnel who are proficient in deaf or hard-of-hearing children’s language and who possess the specialized knowledge, skills, and attributes needed to serve deaf and hard-of-hearing newborns, infants, toddlers, children, and their families; third-party payers and managed care organizations; and related commercial industries.

(2) Policy development

Under the existing authority of the Public Health Service Act, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate on recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical and other health and education professional-based organizations, with respect to newborn and infant hearing screening, evaluation and intervention programs and systems.

(3) State early detection, diagnosis, and intervention programs and systems; data collection

Under the existing authority of the Public Health Service Act, the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention shall coordinate and collaborate in assisting States to establish newborn and infant hearing screening, evaluation and intervention programs and systems under subsection (c) and to develop a data collection system under subsection (d).

(f) Rule of construction

Nothing in this section shall be construed to preempt any State law.

(g) Authorization of appropriations
(1) Statewide newborn and infant hearing screening, evaluation and intervention programs and systems

For the purpose of carrying out subsection (c) under the existing authority of the Public Health Service Act [42 U.S.C. 201 et seq.], there are authorized to the Health Resources and Services Administration appropriations in the amount of $5,000,000 for fiscal year 2000, $8,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal year 2002.

(2) Technical assistance, data management, and applied research; Centers for Disease Control and Prevention

For the purpose of carrying out subsection (d)(1) under the existing authority of the Public Health Service Act, there are authorized to the Centers for Disease Control and Prevention, appropriations in the amount of $5,000,000 for fiscal year 2000, $7,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal year 2002.

(3) Technical assistance, data management, and applied research; National Institute on Deafness and Other Communication Disorders

For the purpose of carrying out subsection (d)(2) under the existing authority of the Public Health Service Act, there are authorized to the National Institute on Deafness and Other Communication Disorders appropriations for such sums as may be necessary for each of the fiscal years 2000 through 2002.

Source credit: (Pub. L. 106–113, div. B, § 1000(a)(4) [title VI, § 601], Nov. 29, 1999, 113 Stat. 1535, 1501A–276.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-113 · 113 Stat. 1535, 1501

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1999-11-29.

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