SB-0794, As Passed Senate, November 3, 2005

SUBSTITUTE FOR

SENATE BILL NO. 794

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding sections 5430 and 5432.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5430. (1) The newborn screening quality assurance

advisory committee is created in the department. The newborn

screening quality assurance advisory committee shall consist of 10

members and be appointed by the department as follows:

     (a) One individual representing a Michigan nonprofit health

care corporation.

     (b) One individual representing the Michigan health and

hospital association.

     (c) One individual representing the Michigan state medical

society.

     (d) One individual representing the Michigan osteopathic

association.

     (e) One individual representing the department's medical

services administration.

     (f) One individual representing the department's public health

administration.

     (g) One individual who is a neonatologist with experience and

background in newborn screening.

     (h) One individual representing health maintenance

organizations.

     (i) Two individuals representing the general public.

     (2) The newborn screening quality assurance advisory committee

shall meet annually to review the list of newborn screening tests

required under section 5431 and under department rules,

regulations, and guidelines. The newborn screening quality

assurance advisory committee shall, on an annual basis, submit a

written report to the department regarding the appropriateness of

the existing list of required newborn screening tests. The newborn

screening quality assurance advisory committee shall also include

in the report recommendations to revise the list to include

additional newborn screening tests that are nationally recognized

in the scientific literature or national standards for conditions

that can be ameliorated or treated if identified by a newborn

screening test and to remove certain tests that are no longer

supported in the scientific literature or national standard as

being effective for ameliorating or treating conditions that can be

identified by newborn screening.

     (3) The newborn screening quality assurance advisory committee

shall conduct a financial review of any recommended changes to the

list of newborn screening tests and shall include in the written

report required under subsection (2) a recommendation for the

increase or decrease in the amount charged pursuant to section 5431

for newborn screening tests. The recommended change shall not

exceed any net change in the amount of the actual cost of any

proposed additional tests and follow-up minus savings from any

proposed deleted tests and follow-up.

     (4) Within 30 days after the department has received the

report required under subsection (2), the department may approve or

reject the recommendations of the newborn screening quality

assurance advisory committee. If the department does not reject the

recommendations or fails to act within the 30 days, then the

recommendations shall be forwarded to the standing committees in

the senate and house of representatives that consider issues

pertaining to public health for approval.

     (5) Within 45 days after the recommendations are forwarded and

received, the legislature shall approve or reject those

recommendations without amendment by concurrent resolution adopted

by both standing committees of the senate and house of

representatives that consider issues pertaining to public health

and both houses of the legislature by recorded vote. If the

proposed recommendations are not submitted on a legislative session

day, the 45 days commence on the first legislative session day

after the recommendations are submitted. The 45 days shall include

not less than 9 legislative session days. If the recommendations

are not rejected within the 45-day period, the recommendations

shall be considered approved, shall be adopted by the department,

and shall take effect 6 months after the recommendations are

adopted by both houses of the legislature or considered approved as

provided under this subsection.

     Sec. 5432. If a health professional in charge of the care of a

newborn infant or, if none, the health professional in charge at

the birth of an infant, the hospital, the health department, or

other facility administers or causes to be administered to the

infant a hearing test and screening, then that person or facility

shall report to the department, on a form as prescribed by the

department, the results of all hearing tests and screens conducted

on infants who are less than 12 months of age and on children who

have been diagnosed with hearing loss and are less than 3 years of

age. The report shall include the type, degree, and symmetry of the

diagnosis, along with where and when the diagnosis was made.