wv-wv-18527: 64-24 — NEWBORN HEARING SCREENING

6/25/2026 12:22:04 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Health TITLE-SERIES: 64-24 RULE TYPE: Legislative Amendment to Existing Rule: No Repeal of existing rule:Yes RULE NAME: NEWBORN HEARING SCREENING CITE STATUTORY AUTHORITY: W. Va. Code §16-22A-2 and 16-1-7 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/25/2026 5:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Virginia M Payne 321 Capitol Street ADDRESS: Charleston, WV 25301 EMAIL: virginia.m.payne@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: No RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule establishes a reasonable fee schedule, a cost-effective screening protocol, and reporting and referral requirements for the screening of newborn infants for hearing impairments. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: This rule is being repealed and combined with 64CSR91 Newborn Screening System. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: None B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: None C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: None D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): N/A BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Virginia M Payne-By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 64CSR24 TITLE 64 LEGISLATIVE RULE DIVISION OF HEALTH SERIES 24 NEWBORN HEARING SCREENING §64-24-1. General. 1.1. Scope. -- This rule establishes a reasonable fee schedule, a cost-effective screening protocol, and reporting and referral requirements for the screening of newborn infants for hearing impairments, and becomes effective on July 1, 2001. This rule should be read in conjunction with W. Va. Code §16-22A-1 et seq. The W. Va. Code is available in public libraries and on the Legislature=s webpage, http://www.legis.state.wv.us/. 1.2. Authority. -- W. Va. Code §16-22A-2 and 16-1-7. 1.3. Filing Date. -- May 4, 2001. 1.4. Effective Date. -- July 1, 2001. §64-24-2. Application and Enforcement. 2.1. Application.-- ThisruleappliestoallinfantsborninWestVirginiaandtothehealthcareproviders caring for infants at birth. 2.2. Enforcement. -- This rule is enforced by the director of the division of health. §64-24-3. Definitions. 3.1. ABR (Auditory Brainstem Response). - Newborn hearing screening equipment that provides information about the auditory pathway up to the brainstem. 3.2. Advisory Committee. -- The West Virginia Hearing Impairment Testing Advisory Committee createdinW.Va.Code§16-22A-4toadvisethedirectorregardingtheprotocol,validity,monitoringandcost of newborn hearing screening procedures required under W. Va. Code §16-22A-1 et seq. 3.3. BirthScoreDevelopmentalRiskScreen. -- Medicalassessmentconductedimmediatelyafterbirth to identify newborns at greatest risk for poor health or infant mortality within the first year of life, under the provisions of W. Va. Code §16-22B-1 et seq. 3.4. Director. -- The director of the division of health or his or her lawful designee. 3.5. Division. -- The division of health. 3.6. DRG (Diagnosis Related Group). -- The payment code incorporating a group of inpatient hospital charges or costs. 3.7. Health Care Facility. -- Any licensed medical facility that offers birthing 1 64CSR24 services. 3.8. Health Care Provider. -- A physician or licensed midwife present during or immediately after delivery. 3.9. Primary Care Provider. -- The physician, physician=s assistant, nurse, nurse practitionerorotherlicensedmedicalprofessionalresponsiblefortheinfant=shealthservicesafterdischarge from the health care facility. 3.10. OAE (Otoacoustic Emissions Test). -- A screen that provides data about hearing distortion to the cochlea. §64-24-4. When Screening is Required. 4.1. W. Va. Code §16-22A-1 et seq. requires that all infants born in a licensed health care facility be screenedforhearingimpairmentsexcept whenthereisnothird-partypayorforthescreeningandtheparents refuse to have the screening performed, as in W. Va. Code §16-22A-3(c). 4.2. When the birth takes place in a licensed health care facility and there is a third-party payor, the health care provider present at the birth shall immediately perform or cause to be performed screening for hearing impairments. 4.3. When an infant is born in a nonlicensed facility, including a home, the health care provider shall inform the parents of the need to obtain the screening within the first month of the infant’s life. §64-24-5. Screening Protocol. 5.1. Thehealthcareprovidershallperform,orcausetobeperformed,newbornhearingscreeninginboth ears shortly after birth, using either the ABR and/or OAE screening equipment, following the equipment manufacturer’s guidelines. 5.2. The screening shall be performed by trained personnel, according to the American Academy of Pediatrics (AAP) standards. 5.3. The director, with concurrence of the advisory committee, may update or modify the screening procedures according to screening protocol, technology and current national standards. 5.4. If the health care provider is unable to screen the infant before discharge, the primary care provider is responsible for referring the infant for a non-hospital-administered hearing screening test. 5.5. If the infant does not pass the initial screening test, the health care provider shall perform a second screening test prior to the infant=s hospital discharge. §64-24-6. Screening Fee Schedule. 6.1. Alllicensedhealthcarefacilitiesshallchargeafeefortheinitialnewbornhearingscreeningthatwill be applied to all payors at a rate not to exceed the rate established by the Medicaid DRG process. 6.2. For infants born in a nonlicensed health care facility, including a home, a health care provider shall chargeafeeforanoutpatientnewbornhearingscreenataratenottoexceedtherateestablishedbyMedicaid. 2 64CSR24 6.3. The fee for newborn hearing screening may be reviewed annually. §64-24-7. Screening Reporting and Referral. 7.1. Thehealthcareprovidershallrecordthehearingscreeningresultsintheinfant’smedicalrecordand on the Birth Score Developmental Risk Screen. 7.2. Thehealthcareprovidershallreportallscreeningresultstotheinfant’sparents,legalguardian,and primary care provider prior to discharge. 7.3. Whenaninfantisborninanon-licensedfacility,includingahome,theprovisionsofsubsection4.3 apply. 7.4. Allbirthingfacilitiesareresponsibleforreportingscreeningresults. Theyshallsendhardcopydata on in-patientscreening results to the Birth Score Office, West Virginia University Department ofPediatrics, P.O. Box 9214, Morgantown, WV 26506-9214. 7.5. If an infant fails the initial and second screening test in one or both ears, the health care provider shall inform the infant=s parents, legal guardian, and primary care provider. 7.6. Theprimarycareprovidershallarrangefordiagnostictestingwithlocalaudiologicaltestingfacility. §64-24-8. Confidentiality. 8.1. Any person who obtains confidential information while implementing W. Va. Code §16-22A-1et seq.maydiscloseitonlytoreportingsources,persons demonstratinganeedthatisessentialtohealthrelated research or care of the infant, or as required by law. 8.2. Any person who obtains confidential information while implementing W.Va. Code §16-22A-1 et seq.shallprovideawrittenstatementofconfidentialitystatingthatheorshefullyunderstandstheprivacyof the information and will maintain it. §64-24-9. Penalties. 9.1. Any person who violates the provisions of W. Va. Code §16-22A-1 et seq. or this rule is subject to the penalties provided in W. Va. Code §16-1-18. 3