S T A T E   O F   N E W   Y O R K
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                                  7350

                            I N  S E N A T E

                             April 20, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  infant vision information, education and wellness program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Infant Vision Information, Education and Wellness Act".
  S  2.  The  public health law is amended by adding a new title II-B to
article 25 to read as follows:
                               TITLE II-B
        INFANT VISION INFORMATION, EDUCATION AND WELLNESS PROGRAM
SECTION 2560. DEFINITIONS.
        2561. NEWBORN VISION SCREENING ADVISORY COMMITTEE.
        2562. NEWBORN VISION SCREENING EDUCATION AND ASSESSMENT.
        2563. REPORTING AND REFERRAL.
        2564. CONFIDENTIALITY OF RECORDS.
        2565. REGULATORY AUTHORITY.
  S 2560. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN  THIS
SECTION  SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY
INDICATES OTHERWISE:
  1. "BIRTH ADMISSION" SHALL MEAN THE TIME AFTER BIRTH  THAT  A  NEWBORN
REMAINS IN A HOSPITAL OR BIRTH CENTER PRIOR TO DISCHARGE.
  2.  "CHILD"  SHALL MEAN AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF
AGE.
  3. "COMMITTEE" SHALL MEAN THE DEPARTMENT OF  HEALTH'S  NEWBORN  VISION
SCREENING ADVISORY COMMITTEE.
  4.  "HEALTH  CARE FACILITY" SHALL MEAN A HOSPITAL PROVIDING CLINICALLY
RELATED HEALTH SERVICES FOR OBSTETRICAL AND NEWBORN  CARE,  OR  A  BIRTH
CENTER. THE TERM INCLUDES A HOSPITAL PROVIDING CLINICALLY RELATED HEALTH
SERVICES FOR OBSTETRICAL AND NEWBORN CARE, OR A BIRTH CENTER OPERATED BY
AN  AGENCY,  THE STATE OR LOCAL GOVERNMENT. THE TERM DOES NOT INCLUDE AN
OFFICE USED PRIMARILY FOR PRIVATE OR GROUP PRACTICE BY HEALTH CARE PRAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13558-01-6
              

S. 7350                             2

TITIONERS IF  NO  REVIEWABLE  CLINICALLY  RELATED  HEALTH  SERVICES  ARE
OFFERED.
  5.  "INFANT"  SHALL  MEAN A CHILD THIRTY DAYS OF AGE UP TO TWENTY-FOUR
MONTHS OF AGE.
  6. "NEWBORN" SHALL MEAN A CHILD UP TO AND INCLUDING  TWENTY-NINE  DAYS
OF AGE.
  7.  "PARENT" SHALL MEAN A NATURAL PARENT, STEPPARENT, ADOPTIVE PARENT,
LEGAL GUARDIAN OR LEGAL CUSTODIAN OF A CHILD.
  8. "PROGRAM" SHALL MEAN THE INFANT VISION INFORMATION,  EDUCATION  AND
WELLNESS PROGRAM.
  S  2561.  NEWBORN  VISION SCREENING ADVISORY COMMITTEE. 1. MEMBERSHIP.
THE COMMISSIONER SHALL APPOINT A  SIX-MEMBER  NEWBORN  VISION  SCREENING
ADVISORY COMMITTEE WITHIN THE DEPARTMENT. THE COMMITTEE SHALL:
  (A)  ADVISE AND MAKE RECOMMENDATIONS ON ISSUES RELATING TO THE FOLLOW-
ING:
  (I) PROGRAM REGULATION AND ADMINISTRATION;
  (II) DIAGNOSTIC TESTING;
  (III) TECHNICAL SUPPORT;
  (IV) FOLLOW-UP.
  (B) BE COMPRISED OF MEMBERS WITH EXPERIENCE WITH INFANT EYE PATHOLOGY,
PEDIATRIC OPHTHALMOLOGY,  OPTOMETRY  AND  COMMON  VISION  SCREENING  AND
ASSESSMENT TESTS.
  2.  COMPENSATION.  MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT MAY BE
REIMBURSED FOR NECESSARY TRAVEL AND OTHER EXPENSES  IN  ACCORDANCE  WITH
APPLICABLE LAW AND REGULATIONS.
  3.  PROTOCOL. ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND SEVENTEEN, THE
DEPARTMENT SHALL ADOPT THE PROTOCOL DEVELOPED BY THE AMERICAN ACADEMY OF
PEDIATRICS TO OPTIMALLY DETECT  THE  PRESENCE  OF  TREATABLE  CAUSES  OF
BLINDNESS  IN  INFANTS BY TWO MONTHS OF AGE. IF A PROTOCOL IS NOT DEVEL-
OPED ON OR BEFORE SUCH DATE, THE DEPARTMENT, IN  CONSULTATION  WITH  THE
COMMITTEE,  SHALL  ESTABLISH A PROTOCOL TO OPTIMALLY DETECT THE PRESENCE
OF TREATABLE CAUSES OF BLINDNESS IN INFANTS BY TWO MONTHS OF AGE  ON  OR
BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S  2562. NEWBORN VISION SCREENING EDUCATION AND ASSESSMENT. 1.  ESTAB-
LISHMENT. THE DEPARTMENT SHALL ESTABLISH THE INFANT VISION  INFORMATION,
EDUCATION AND WELLNESS PROGRAM, CONSISTING OF THE FOLLOWING COMPONENTS:
  (A)  A  SYSTEM  TO  SCREEN EACH NEWBORN IN THE STATE FOR VISION ABNOR-
MALITIES BEFORE LEAVING A HOSPITAL.
  (B) A SYSTEM TO SCREEN EACH NEWBORN WHO IS  NOT  BORN  IN  A  HOSPITAL
WITHIN THE FIRST THIRTY DAYS OF LIFE.
  (C)  A SYSTEM TO PROVIDE INFORMATION AND INSTRUCTION TO THE PARENTS OF
EACH NEWBORN AND  INFANT  ON  THE  MERITS  OF  HAVING  VISION  SCREENING
PERFORMED AND RECEIVING FOLLOW-UP CARE.
  2.  PROGRAM  ADMINISTRATION. THE DEPARTMENT SHALL, IN COOPERATION WITH
THE COMMITTEE, PROVIDE TECHNICAL  SUPPORT,  INCLUDING  OPHTHALMOLOGICAL,
OPTOMETRIC  AND  ADMINISTRATIVE  TECHNICAL  SUPPORT,  TO THE HEALTH CARE
FACILITIES AND INDIVIDUALS IMPLEMENTING THE REQUIREMENTS OF  SUBDIVISION
ONE OF THIS SECTION.
  3. REFUSAL OF TEST. SCREENING SHALL NOT BE REQUIRED IF A PARENT OF THE
NEWBORN  OR  INFANT OBJECTS TO THE SCREENING FOR ANY REASON. THE REFUSAL
MUST BE DOCUMENTED IN WRITING, MADE A PART OF THE MEDICAL RECORD OF  THE
NEWBORN  OR INFANT AND REPORTED TO THE DEPARTMENT IN A MANNER PRESCRIBED
BY THE DEPARTMENT.
  4. IMPLEMENTATION. THE PROGRAM SHALL BE IMPLEMENTED AS FOLLOWS:
  (A) BY JULY FIRST, TWO THOUSAND EIGHTEEN, NEWBORN  AND  INFANT  VISION
SCREENING  SHALL  BE CONDUCTED ON EACH LIVE BIRTH IN HEALTH CARE FACILI-

S. 7350                             3

TIES IN THE STATE DURING BIRTH ADMISSIONS USING  PROCEDURES  RECOMMENDED
BY  THE  DEPARTMENT'S ADVISORY COMMITTEE, EXCEPT AS PROVIDED IN SUBDIVI-
SION THREE OF THIS SECTION. IF A NEWBORN IS BORN  IN  A  LOCATION  OTHER
THAN  A HOSPITAL, THE PARENTS MUST BE INSTRUCTED ON THE MERITS OF HAVING
THE VISION SCREENING PERFORMED  AND  GIVEN  INFORMATION  TO  ASSIST  THE
PARENTS  IN  HAVING  THE  SCREENING  PERFORMED WITHIN THIRTY DAYS OF THE
NEWBORN'S BIRTH. THE DEPARTMENT SHALL DETERMINE THE APPROPRIATE  SCREEN-
ING VENUE FOR A NEWBORN BORN OUTSIDE A HOSPITAL.
  (B)  IF  THE NUMBER OF NEWBORNS AND INFANTS RECEIVING VISION SCREENING
DOES NOT EQUAL AT LEAST EIGHTY-FIVE PERCENT OF THE TOTAL NUMBER OF  LIVE
BIRTHS  IN  THE  STATE ON JULY FIRST, TWO THOUSAND EIGHTEEN, AS SHOWN IN
THE MOST RECENT DATA COLLECTED BY THE DEPARTMENT OR FALLS BELOW  EIGHTY-
FIVE  PERCENT  ANNUALLY  AFTER  JULY  FIRST,  TWO THOUSAND EIGHTEEN, THE
DEPARTMENT IN CONSULTATION WITH THE ADVISORY COMMITTEE SHALL IMMEDIATELY
PROMULGATE REGULATIONS TO IMPLEMENT A STATE-ADMINISTERED VISION  SCREEN-
ING PROGRAM.
  (C)  BY  JULY FIRST, TWO THOUSAND SEVENTEEN, EACH HEALTH CARE FACILITY
IN THE STATE SHALL PROVIDE  INFORMATION  AND  INSTRUCT  THE  PARENTS  OF
NEWBORNS  AND  INFANTS CONCERNING THE IMPORTANCE OF SCREENING THE VISION
OF NEWBORNS AND INFANTS AND OF RECEIVING FOLLOW-UP CARE. THE INFORMATION
SHALL BE AS FOLLOWS:
  (I) AN INFORMATIONAL PAMPHLET DEVELOPED AND SUPPLIED BY THE DEPARTMENT
SHALL EXPLAIN IN LAY TERMS ALL OF THE FOLLOWING:
  (A) THE IMPORTANCE AND PROCESS OF VISION SCREENING.
  (B) THE LIKELIHOOD OF A NEWBORN OR INFANT HAVING VISION ABNORMALITIES.
  (C) FOLLOW-UP PROCEDURES AND AVAILABLE EARLY INTERVENTION SERVICES.
  (D) A DESCRIPTION OF THE NORMAL VISION DEVELOPMENTAL PROCESS IN  CHIL-
DREN.
  (II)  THE  INFORMATION  UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL
NOT PRECLUDE THE HEALTH CARE FACILITY FROM PROVIDING ADDITIONAL  MATERI-
AL.
  (III)  THE  INFORMATION  MAY  NOT  BE  CONSIDERED A SUBSTITUTE FOR THE
VISION SCREENING.
  (D) BY JULY FIRST, TWO THOUSAND SEVENTEEN, EVERY HOSPITAL IN THE STATE
SHALL REPORT TO THE DEPARTMENT, IN A MANNER PRESCRIBED  BY  THE  DEPART-
MENT, THE NUMBER OF NEWBORNS AND INFANTS SCREENED AND THE RESULTS OF THE
SCREENING. THE DEPARTMENT, BASED ON THE INFORMATION, SHALL REPORT TO THE
LEGISLATURE  BY  JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND EVERY JANUARY
FIRST THEREAFTER, THE FOLLOWING:
  (I) THE NUMBER OF HOSPITALS CONDUCTING VISION SCREENINGS DURING  BIRTH
ADMISSIONS.
  (II) THE NUMBER OF LIVE BIRTHS IN HOSPITALS.
  (III) THE NUMBER OF NEWBORNS SCREENED DURING BIRTH ADMISSIONS.
  (IV) THE NUMBER OF LIVE BIRTHS IN A LOCATION OTHER THAN A HOSPITAL.
  (V)  THE  NUMBER  OF NEWBORNS BORN IN A LOCATION OTHER THAN A HOSPITAL
WHO WERE SCREENED WITHIN THIRTY DAYS OF THE DATE OF BIRTH.
  (VI) THE NUMBER OF NEWBORNS BORN IN A  HOSPITAL  WHO  PASSED  AND  THE
NUMBER WHO DID NOT PASS THE BIRTH ADMISSION SCREENING, IF ADMINISTERED.
  (VII)  THE NUMBER OF NEWBORNS BORN IN A LOCATION OTHER THAN A HOSPITAL
WHO PASSED AND THE NUMBER WHO DID NOT PASS  A  SCREENING  WITHIN  THIRTY
DAYS OF THE DATE OF BIRTH, IF ADMINISTERED.
  (VIII) THE NUMBER OF INFANTS WHO RETURNED FOR FOLLOW-UP RESCREENING.
  (IX) THE NUMBER OF INFANTS WHO PASSED THE FOLLOW-UP RESCREENING.
  (X) THE NUMBER OF INFANTS RECOMMENDED FOR MONITORING, INTERVENTION AND
FOLLOW UP CARE.

S. 7350                             4

  S  2563.  REPORTING  AND  REFERRAL.    1. DUTIES. THE DEPARTMENT SHALL
IMPLEMENT A REPORTING AND REFERRAL SYSTEM THAT LINKS  VISION  SCREENING,
IF  NECESSARY,  WITH  OPTOMETRIC  AND  OPTHALMOLOGIST SERVICES AND OTHER
EARLY INTERVENTION SERVICES. THE STATE MAY DO ALL THE FOLLOWING:
  (A)  IDENTIFY  ONE HUNDRED PERCENT OF NEWBORNS AND INFANTS WITH VISION
ABNORMALITIES WITHIN THIRTY DAYS OF THE DATE OF BIRTH.
  (B) PROVIDE TIMELY ASSESSMENT IF INDICATED.
  (C) PROVIDE APPROPRIATE REFERRAL FOR TREATMENT AND INTERVENTION BEFORE
THE AGE OF SIX MONTHS.
  2. PROGRAM ADMINISTRATION. THE DEPARTMENT SHALL, IN CONSULTATION  WITH
THE  COMMITTEE,  PROVIDE ADMINISTRATIVE TECHNICAL SUPPORT TO THE FACILI-
TIES IMPLEMENTING THE REPORTING AND EARLY INTERVENTION  REFERRAL  SYSTEM
UNDER THIS SECTION.
  3. IMPLEMENTATION. THE DEPARTMENT, IN CONSULTATION WITH THE COMMITTEE,
SHALL  ISSUE TEMPORARY GUIDELINES BY JULY FIRST, TWO THOUSAND SEVENTEEN,
IMPLEMENTING A REPORTING AND  EARLY  INTERVENTION  REFERRAL  SYSTEM  FOR
NEWBORNS,  INFANTS  AND  CHILDREN  WHO HAVE BEEN RECOMMENDED FOR FURTHER
ASSESSMENT. THE TEMPORARY GUIDELINES SHALL EXPIRE ON JUNE THIRTIETH, TWO
THOUSAND EIGHTEEN.
  S 2564. CONFIDENTIALITY OF RECORDS.  1. LIMITATIONS. A PERSON, EMPLOY-
EE OR AGENT OF A PERSON WHO OBTAINS INFORMATION UNDER THIS ACT  MAY  NOT
DISCLOSE  THE INFORMATION EXCEPT TO THE PARENT OF THE INFANT OR CHILD OR
TO THE DEPARTMENT  FOR  STATISTICAL  RECORDKEEPING  OR  FOR  APPROPRIATE
TREATMENT REFERRAL AND EARLY INTERVENTION SERVICES.
  2. CONFIDENTIALITY. DATA OBTAINED DIRECTLY FROM THE MEDICAL RECORDS OF
A  PATIENT  SHALL BE CONSIDERED CONFIDENTIAL AND SHALL BE FOR THE CONFI-
DENTIAL USE OF THE DEPARTMENT IN MAINTAINING THE TRACKING SYSTEM AND  IN
PROVIDING  APPROPRIATE SERVICES. THE INFORMATION SHALL BE PRIVILEGED AND
MAY NOT BE DIVULGED OR MADE PUBLIC IN  ANY  MANNER  THAT  DISCLOSES  THE
IDENTITY OF THE PATIENT.
  A  PERSON  WHO  ACTS  IN  GOOD FAITH IN COMPLYING WITH THIS SECTION BY
REPORTING NEWBORN AND INFANT VISION SCREENING RESULTS TO THE  DEPARTMENT
MAY NOT BE HELD CIVILLY OR CRIMINALLY LIABLE FOR FURNISHING THE INFORMA-
TION REQUIRED BY THIS TITLE.
  S  2565.  REGULATORY  AUTHORITY.  THE DEPARTMENT SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS TITLE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such date.