D.C. Law 21-20. Healthy Hearts of Babies Act of 2015.

AN ACT

To require every newborn delivered in a hospital, maternity center, or home to be screened for critical congenital heart disease.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Healthy Hearts of Babies Act of 2015".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Critical congenital heart disease" means a group of heart defects that cause serious, life-threatening symptoms and require intervention within the first days or first year of life

(2) "Health benefit plan" shall have the same meaning as provided in section 101(20) of the Health Insurance Portability and Accountability Federal Law Conformity and No-Fault Vehicle Insurance Act of 1998, effective April 13, 1999 (D.C. Law 12-209; D.C. Official Code § 31-3301.01(20)).

(3) "Health insurer" shall have the same meaning as provided in section 101(22) of the Health Insurance Portability and Accountability Federal Law Conformity and No-Fault Vehicle Insurance Act of 1998, effective April 13, 1999 (D.C. Law 12-209; D.C. Official Code § 31-3301.01(22)).

(4) "Hospital" shall have the same meaning as provided in section 2(a)(1) of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501(a)(1)).

(5) "Maternity center" shall have the same meaning as provided in section 2(a)(2) of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501(a)(2)).

(6) "Nurse-midwife" means a registered nurse certified pursuant to 17 DCMR § 5800 et seq.

(7) "Pulse oximetry" means the non-invasive procedure used to measure oxygen levels in the blood.

Sec. 3. Critical congenital heart disease screening.

(a) Every newborn delivered in a hospital, maternity center, or home shall be screened for critical congenital heart disease using pulse oximetry until an alternative test for critical congenital heart disease is adopted by the American Academy of Pediatrics.

(b)(1) Each hospital, maternity center, and nurse-midwife shall:

(A) Inform and educate the parent of the purpose and availability of critical congenital heart disease screening ("screening");

(B) Perform the screening unless the procedure is refused based on the parent's religious or personal beliefs;

(C) Document the screening results or the parent's refusal to allow the screening;

(D) Provide the screening results to the parent of the newborn and, if known, the newborn's primary care provider;

(E) When a newborn tests positive for critical congenital heart disease, provide recommendations for follow-up testing and treatment to the parent of the newborn and, if known, the newborn's primary care provider; and

(F) On a quarterly basis, notify the Department of Health of the number of infants screened for critical congenital heart disease, the results of those screenings, and any documented parental refusal based on religious or personal beliefs.

(2) Screening results shall include, at minimum, the age of the infant at the time of screening, actual screening values, and the final interpretation of the results.

(c) The screening required by subsection (a) of this section shall be performed in a manner consistent with the standards of the American Academy of Pediatrics for critical congenital heart disease.

Sec. 4. Health benefit plan reimbursement.

All health insurer health benefit plans shall reimburse for screenings conducted under this act.

Sec. 5. Rules.

The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

Sec. 6. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 7. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register