HCS/HBs 560 - This act enables the Department of Health to require the testing of every infant born in the state for phenylketonuria (PKU) and other metabolic or genetic diseases prescribed by the Department. The attending physician, certified nurse midwife, public health facility, ambulatory surgical center or hospital shall assure that appropriate specimens are collected and submitted to the Department of Health laboratories.

The act also provides that any parents who refuse such testing shall be required to document the refusal in writing. Such refusal shall become part of the medical record of the infant.

The act also states all physicians, certified midwives, public health nurses, and administrators of ambulatory surgical centers or hospitals shall supply a written packet of educational information for parents or guardians informing them of the type of specimens obtained, how it is obtained, the nature of the diseases being screened and the consequences of treatment and nontreatment. The attending physician, licensed midwife, public health facility, ambulatory surgical center or hospital shall obtain the written refusal and make it part of the medical record.

The Department may determine and impose a reasonable fee for each newborn screening test made in its laboratories. The Department may collect the fee from either physicians, certified midwives, public health nurses, or administrators of ambulatory surgical centers or hospitals. Fees may be considered as costs payable by health care third party payers and shall not be considered as part of the internal laboratory costs by such health care third party payers.

The Department, subject to appropriations, shall provide the formula used for the treatment of inherited diseases of amino acids and organic acids to families who meet the Department's income based means test. State assistance shall be available to an applicant upon a showing that such applicant has exhausted all benefits from third party payers.

If someone challenges a rule established by the Department of Health, the Department must prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

This act is the similar as SCS/SB 319 and HCS/HBs 600 & 388 from 1997.
CHERYL GRAZIER