sb 0108

CHAPTER 285

SB 108-FN – FINAL VERSION

AN ACT relative to newborn screening tests and fees for newborn screening tests.

SPONSORS: Sen. Martel, Dist 18; Rep. Pilliod, Belk 5; Rep. Gile, Merr 10; Rep. Pilotte, Hills 16

II. Grants rulemaking authority to the commissioner of health and human services to determine how the fees for such tests are to be determined.

III. Requires the department of health and human services to establish a newborn screening advisory committee.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to newborn screening tests and fees for newborn screening tests.

Be it Enacted by the Senate and House of Representatives in General Court convened:

132:10-a Newborn Screening Tests Required; Newborn Screening Advisory Committee.

I. The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall test a newborn child for metabolic disorders. Such tests shall include, but not be limited to, phenylketonuria, galactosemia, homocystinuria, maple syrup urine disease, and hypothyroidism. Additional disorders shall be added to the newborn screening panel based upon, but not limited to, the following considerations:

(b) The disorder is associated with significant morbidity and/or mortality.

(c) The disorder can be detected with a screening test that is ethical, safe, accurate, and cost-effective.

(d) Effective treatment exists for the disorder, and that early treatment, meaning before the onset of symptoms, is more effective in improving health outcomes than later treatment.

II. Notwithstanding any provision of law to the contrary, the commissioner of the department of health and human services shall establish fees, pursuant to RSA 541-A, to be paid by hospitals for the tests required under paragraph I. All such fees shall be paid into the newborn screening fund, hereby established in the state treasury. Moneys from the newborn screening fund established under this section shall be nonlapsing and shall be continually appropriated for use by the department to cover laboratory analysis and related newborn screening program costs under a contract competitively bid and approved by governor and council.

III. The department of health and human services shall establish a newborn screening advisory committee which shall include a member of the oversight committee on health and human services, established in RSA 126-A:13, and representation from health care subspecialties, as determined by the department. Any proposals for recommending new tests or fees shall require a public hearing to be held on the proposal by the newborn screening advisory committee.

IV. The department shall make an annual report commencing on January 1, 2006 to the oversight committee on health and human services relative to newborn screening tests which shall include, but not be limited to the number and type of tests performed and their fiscal impact.

285:2 Rulemaking; Fees for Newborn Screening Tests. Amend RSA 132:10-b, III to read as follows:

III. Newborn screening tests and how fees for such tests are to be determined under RSA 132:10-a.

285:3 New Subparagraph; Treasury; Application of Receipts; Exception. Amend RSA 6:12, I(b) by inserting after subparagraph 235 the following new subparagraph:

(236) Moneys received from fees charged for newborn screening tests under RSA 132:10-a, which shall be credited to the newborn screening fund.