Public Act 099-0834
 
HB4935 EnrolledLRB099 19626 MJP 44023 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Hearing Screening for Newborns Act is
amended by changing Sections 1, 5, 10, 15, and 30 and adding
Sections 2 and 23 as follows:
 
    (410 ILCS 213/1)
    Sec. 1. Short title. This Act may be cited as the Early
Hearing Detection and Intervention Act Hearing Screening for
Newborns Act.
(Source: P.A. 91-67, eff. 7-9-99.)
 
    (410 ILCS 213/2 new)
    Sec. 2. Definitions. As used in this Act:
    "Department" means the Department of Public Health.
    "Medical care facility" means a hospital, birthing center,
and any other licensed facility that provides obstetrical and
newborn nursery services.
 
    (410 ILCS 213/5)
    Sec. 5. Mandatory hearing screening.
    (a) Each medical care facility By December 31, 2002, all
hospitals performing deliveries shall conduct bilateral
hearing screening of each newborn infant of all newborn infants
prior to discharge unless medically contraindicated or the
infant is transferred to another hospital before the hearing
screening can be completed. If the infant is transferred to
another hospital prior to completion of the hearing screening,
the hospital to which the infant is transferred shall complete
the hearing screening prior to discharge. All medical care
facilities shall make provisions for an outpatient screening
for infants born outside a medical care facility.
    (b) The facility performing the hearing screening shall
report the results of the hearing screening to the Department
within 7 days of screening.
    If there is no hearing screening result or an infant does
not pass the hearing screening in both ears at the same time,
the medical care facility shall refer the infant's parents or
guardians to a health care practitioner for follow-up, and
document and report the referral, including the name of the
health care practitioner, to the Department in a format
determined by the Department.
    For infants born outside a medical care facility, the
newborn's primary care provider shall refer the patient to a
medical care facility for the hearing screening to be done in
compliance with this Section within 30 days after birth, unless
a different time period is medically indicated.
    (c) Follow-up to hearing screening includes:
        (1) for newborns, infants, and children with confirmed
    hearing loss, making the audiological, medical, language
    and communication, aural habilitation, parent-to-parent
    support, and intervention referrals and documenting the
    referrals and outcomes to the Department or in the State's
    designated data system; and
        (2) for newborns, infants, and children with a
    confirmed hearing loss, audiologists, early intervention
    programs and providers, parent-to-parent support programs,
    the Department of Human Services, and the University of
    Illinois at Chicago Division of Specialized Care for
    Children reporting screening, diagnosis, amplification,
    and intervention outcomes to the Department.
(Source: P.A. 91-67, eff. 7-9-99.)
 
    (410 ILCS 213/10)
    Sec. 10. Reports to Department of Public Health.
Physicians, advanced practice nurses, physician assistants,
otolaryngologists, audiologists, ancillary health care
providers, early intervention programs and providers,
parent-to-parent support programs, the Department of Human
Services, and the University of Illinois at Chicago Division of
Specialized Care for Children shall report all hearing testing,
medical treatment, and intervention outcomes related to
newborn hearing screening or newly identified hearing loss for
children birth through 6 years of age to the Department.
Reporting shall be done within 7 days after the date of service
or after an inquiry from the Department. Reports shall be in a
format determined by the Department. Hospitals shall report
information about each child with a positive hearing screening
result to the Illinois Department of Public Health.
(Source: P.A. 91-67, eff. 7-9-99.)
 
    (410 ILCS 213/15)
    Sec. 15. Department of Public Health to maintain registry
of cases. The Illinois Department of Public Health shall
maintain a registry documenting screening, diagnosis, and
intervention of cases of positive hearing screening results,
including information needed for the purpose of follow-up
services.
(Source: P.A. 91-67, eff. 7-9-99.)
 
    (410 ILCS 213/23 new)
    Sec. 23. Information sharing.
    (a) For the purposes of documentation and coordination of
medical care or intervention services, the Department may share
newborn hearing screening information with medical care
facilities, health care providers, early intervention programs
and providers, local health departments, the Department of
Human Services, and the University of Illinois at Chicago
Division of Specialized Care for Children.
    (b) For the purposes of documentation and coordination of
medical care or intervention services, medical care
facilities, health care providers, early intervention programs
and providers, local health departments, the Department of
Human Services, and the University of Illinois at Chicago
Division of Specialized Care for Children shall submit
information or reports about newborn, infant, and child hearing
screening and diagnostic testing, follow-up services,
intervention, and parent support services to the Department.
Documentation is only required to be provided for those
services provided. Reporting shall be done within 7 days of the
date of service or an inquiry from the Department. Reports
shall be in a format determined by the Department. Reports by
medical care facilities shall be in accordance with only
subsections (a) and (b) of Section 5.
    (c) Except in cases of willful or wanton misconduct, no
health care provider, hospital, or medical facility acting in
compliance with this Section shall be civilly or criminally
liable for any act performed in compliance with this Section,
including furnishing information required according to this
Section.
 
    (410 ILCS 213/30)
    Sec. 30. Rules. The Department of Human Services shall
adopt promulgate rules necessary to implement this Act.
(Source: P.A. 91-67, eff. 7-9-99.)
 
    (410 ILCS 213/20 rep.)
    Section 10. The Hearing Screening for Newborns Act is
amended by repealing Section 20.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.