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PRINTER'S NO. 1278
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1081
Session of
2017
INTRODUCED BY CRUZ, DiGIROLAMO, YOUNGBLOOD, MURT, KINSEY,
V. BROWN, BULLOCK, FITZGERALD, ROZZI, DRISCOLL AND
SCHLOSSBERG, APRIL 7, 2017
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 7, 2017
AN ACT
Amending the act of September 9, 1965 (P.L.497, No.251),
entitled, as amended, "An act requiring physicians, hospitals
and other institutions to administer or cause to be
administered tests for genetic diseases upon infants in
certain cases," further providing for Newborn Child Screening
and Follow-up Program; and providing for Newborn Child
Screening Program Account, for newborn child screening fee
and for mandated screening and follow-up.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of September 9, 1965
(P.L.497, No.251), known as the Newborn Child Testing Act, is
amended to read:
Section 3. Newborn Child Screening and Follow-up Program.--
(a) In order to assist health care providers to determine
whether treatment or other services are necessary to avert
mental retardation, permanent disabilities or death, the
department, in consultation with [the approval of] the Newborn
Screening and Follow-up Technical Advisory Committee, shall
establish a program providing for[:
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(1) The] the screening tests of newborn children for the
following diseases:
[(i)] (1) Phenylketonuria (PKU).
[(ii)] (2) Maple syrup urine disease (MSUD).
[(iii)] (3) Sickle-cell disease (hemoglobinopathies).
[(iv)] (4) Galactosemia.
[(v)] (5) Congenital adrenal hyperplasia (CAH).
[(vi)] (6) Primary congenital hypothyroidism.
[(vii) Certain Lysosomal storage disorders (LSDs),
including:
(A) Globoid Cell Leukodystrophy (Krabbe).
(B) Fabry.
(C) Pompe.
(D) Niemann-Pick.
(E) Gaucher.
(F) Hurler Syndrome (MPS I).
(2) Follow-up services relating to case management,
referrals, confirmatory testing, assessment and diagnosis of
newborn children with abnormal, inconclusive or unacceptable
screening test results for the following diseases:
(i) Phenylketonuria (PKU).
(ii) Maple syrup urine disease (MSUD).
(iii) Sickle-cell disease (hemoglobinopathies).
(iv) Isovaleric acidemia/Isovalery-CoA dehydrogenase
deficiency (IVA).
(v) Glutaric acidemia Type I/Glutaryl-CoA dehydrogenase
deficiency Type I (GA I).
(vi) 3-Hydroxy 3-methylglutaryl-CoA lyase deficiency (HMG).
(vii) Multiple carboxylase deficiency (MCD).
(viii) Methylmalonic acidemia (mutase deficiency) (MUT).
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(ix) Methylmalonic acidemia (Cbl A,B).
(x) 3-Methylcrontonyl-CoA carboxylase deficiency (3MCC).
(xi) Propionic acidemia/Propionyl-CoA carboxylase deficiency
(PROP).
(xii) Beta-ketothiolase deficiency (BKT).
(xiii) Medium chain acyl-CoA dehydrogenase deficiency
(MCAD).
(xiv) Very long-chain acyl-CoA dehydrogenase deficiency
(VLCAD).
(xv) Long-chain L-3-OH acyl-CoA dehydrogenase deficiency
(LCHAD).
(xvi) Trifunctional protein deficiency (TFP).
(xvii) Carnitine uptake defect (CUD).
(xviii) Homocystinuria (HCY).
(xix) Tyrosinemia type I (TYR I).
(xx) Argininosuccinic acidemia (ASA).
(xxi) Citrullinemia (CIT).
(xxii) Hb S/Beta-thalassemia (Hb S/Th).
(xxiii) Hb S/C disease (Hb S/C).
(xxiv) Congenital hypothyroidism (HYPOTH).
(xxv) Biotinidase deficiency (BIOT).
(xxvi) Congenital adrenal hyperplasia (CAH).
(xxvii) Galactosemia (GALT).
(xxviii) Cystic fibrosis (CF).
(b.1) All laboratories performing the screening tests for
newborn children shall report the results to the department for
follow-up activities.]
(7) Globoid Cell Leukodystrophy (Krabbe).
(8) Pompe.
(9) Hurler Syndrome (MPS I).
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(10) Adrenoleukodystrophy (ALD).
(11) Isovaleric acidemia/Isovalery-CoA dehydrogenase
deficiency (IVA).
(12) Glutaric acidemia Type I/Glutaryl-CoA dehydrogenase
deficiency Type I (GA I).
(13) 3-Hydroxy 3-methylglutaryl-CoA lyase deficiency (HMG).
(14) Multiple carboxylase deficiency (MCD).
(15) Methylmalonic acidemia (mutase deficiency) (MUT).
(16) Methylmalonic acidemia (Cbl A, B).
(17) 3-Methylcrontonyl-CoA carboxylase deficiency (3MCC).
(18) Propionic acidemia/Propionyl-CoA carboxylase deficiency
(PROP).
(19) Beta-ketothiolase deficiency (BKT).
(20) Medium chain acyl-CoA dehydrogenase deficiency
(MCAD).
(21) Very long-chain acyl-CoA dehydrogenase deficiency
(VLCAD).
(22) Long-chain L-3-OH acyl-CoA dehydrogenase deficiency
(LCHAD).
(23) Trifunctional protein deficiency (TFP).
(24) Carnitine uptake defect (CUD).
(25) Homocystinuria (HCY).
(26) Tyrosinemia type I (TYR I).
(27) Argininosuccinic acidemia (ASA).
(28) Citrullinemia (CIT).
(29) Hb S/Beta-thalassemia (Hb S/Th).
(30) Hb S/C disease (Hb S/C).
(31) Congenital hypothyroidism (HYPOTH).
(32) Biotinidase deficiency (BIOT).
(33) Cystic fibrosis (CF).
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(34) Severe combined immunodeficiency disease (SCID).
(c) No screening test shall be performed if a parent or
guardian dissents on the ground that the test conflicts with a
religious belief or practice.
(d) The department, in consultation with [the approval of]
the Newborn Screening and Follow-up Technical Advisory
Committee, shall establish, by periodic publication in the
Pennsylvania Bulletin, [changes] additions to the [lists] list
under subsection [(a)(1) and (2)] (a) of those diseases for
which newborn children shall be screened and laboratory
screening results reported.
(e) Notwithstanding any provisions of this act or the act of
April 23, 1956 (1955 P.L.1510, No.500), known as the "Disease
Prevention and Control Law of 1955," to the contrary, test
results and diagnoses based upon screening tests for the
diseases listed in this section for newborn children shall be
reported to the department. The department shall establish, by
periodic publication in the Pennsylvania Bulletin, the method
for reporting test results to the department.
(f) Test results for genetic diseases listed in this section
and any diseases subsequently added by the department under
subsection (d) shall be subject to the confidentiality
provisions of the "Disease Prevention and Control Law of 1955."
Section 2. The act is amended by adding sections to read:
Section 3.1. Newborn Child Screening Program Account.--(a)
There is established a special restricted account within the
State Treasury to be known as the Newborn Child Screening
Program Account, which shall receive money from the fee
established under section 3.2 and other money from a source
designated for deposit in the Newborn Child Screening Program
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Account.
(b) The fees deposited in the Newborn Child Screening
Program Account are appropriated, upon approval of the Governor,
to the department to be used for the screening of newborns,
tracking screening outcomes, follow-up services and referrals
for treatment for up to the first year of life as described in
section 3.
(c) All earnings received from the investment or deposit of
the money in the Newborn Child Screening Program Account shall
be paid into the account for the purposes authorized under this
section.
(d) Any unexpended money and interest earned on the money in
the Newborn Child Screening Program Account shall not lapse to
the General Fund, but shall remain in the account to be used by
the department for purposes specified in this section.
Section 3.2. Newborn Child Screening Fee.--(a) In order to
safeguard newborn health and appropriately fund the screening of
newborns, tracking of screening outcomes, follow-up services and
referrals for treatment, the department shall impose a fee on
birthing facilities for each newborn child screened.
(b) The fee shall be deposited in the Newborn Child
Screening Program Account established under section 3.1.
(c) The amount of the fee shall be determined by the
department and shall not exceed an amount sufficient to cover
the administrative, laboratory and follow-up costs associated
with the performance of screening tests.
(d) The fee shall be published annually in the Pennsylvania
Bulletin.
(e) For the purposes of this section, "birthing facilities"
shall be defined as an inpatient or ambulatory health care
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facility licensed by the department that provides birthing and
newborn care services.
Section 3.3. Mandated Screening and Follow-up.--Conditions
mandated for screenings and follow-up services shall include, at
a minimum, newborn conditions recommended by the Newborn
Screening and Follow-up Technical Advisory Board of the
department, after review and consideration of the Recommended
Uniform Screening Panel from the United States Department of
Health and Human Services.
Section 3. This act shall take effect in 180 days.
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