State Codes and Statutes

Statutes > Missouri > T12 > C191 > 191_331

Infants to be tested for metabolic and geneticdiseases--reports--exceptions--refusal to test--fee for screeningtest, department may impose by rule, use of fees--formulaprovided by department, when--assistance available, when.

191.331. 1. Every infant who is born in this state shall be testedfor phenylketonuria and such other metabolic or genetic diseases as areprescribed by the department. The test used by the department shall bedictated by accepted medical practice and such tests shall be of the typesapproved by the department. All newborn screening tests required by thedepartment shall be performed by the department of health and seniorservices laboratories. The attending physician, certified nurse midwife,public health facility, ambulatory surgical center or hospital shall assurethat appropriate specimens are collected and submitted to the department ofhealth and senior services laboratories.

2. All physicians, certified nurse midwives, public health nurses andadministrators of ambulatory surgical centers or hospitals shall report tothe department all diagnosed cases of phenylketonuria and other metabolicor genetic diseases as designated by the department. The department shallprescribe and furnish all necessary reporting forms.

3. The department shall develop and institute educational programsconcerning phenylketonuria and other metabolic and genetic diseases andassist parents, physicians, hospitals and public health nurses in themanagement and basic treatment of these diseases.

4. The provisions of this section shall not apply if the parents ofsuch child object to the tests or examinations provided in this section onthe grounds that such tests or examinations conflict with their religioustenets and practices.

5. As provided in subsection 4 of this section, the parents of anychild who fail to have such test or examination administered after noticeof the requirement for such test or examination shall be required todocument in writing such refusal. All physicians, certified nursemidwives, public health nurses and administrators of ambulatory surgicalcenters or hospitals shall provide to the parents or guardians a writtenpacket of educational information developed and supplied by the departmentof health and senior services describing the type of specimen, how it isobtained, the nature of diseases being screened, and the consequences oftreatment and nontreatment. The attending physician, certified nursemidwife, public health facility, ambulatory surgical center or hospitalshall obtain the written refusal and make such refusal part of the medicalrecord of the infant.

6. Notwithstanding the provisions of section 192.015, RSMo, to thecontrary, the department may, by rule, annually determine and impose areasonable fee for each newborn screening test made in any of itslaboratories. The department may collect the fee from any entity orindividual described in subsection 1 of this section in a form and mannerestablished by the department. Such fee shall be considered as a costpayable to such entity by a health care third-party payer, including, butnot limited to, a health insurer operating pursuant to chapter 376, RSMo, adomestic health services corporation or health maintenance organizationoperating pursuant to chapter 354, RSMo, and a governmental or entitlementprogram operating pursuant to state law. Such fee shall not be consideredas part of the internal laboratory costs of the persons and entitiesdescribed in subsection 1 of this section by such health care third-partypayers. No individual shall be denied screening because of inability topay. Such fees shall be deposited in a separate account in the publichealth services fund created in section 192.900, RSMo, and funds in suchaccount shall be used for the support of the newborn screening program andactivities related to the screening, diagnosis, and treatment, includingspecial dietary products, of persons with metabolic and genetic diseases;and follow-up activities that ensure that diagnostic evaluation, treatmentand management is available and accessible once an at-risk family isidentified through initial screening; and for no other purpose. Theseprograms may include education in these areas and the development of newprograms related to these diseases.

7. Subject to appropriations provided for formula for the treatmentof inherited diseases of amino acids and organic acids, the departmentshall provide such formula to persons with inherited diseases of aminoacids and organic acids subject to the conditions described in thissubsection. State assistance pursuant to this subsection shall beavailable to an applicant only after the applicant has shown that theapplicant has exhausted all benefits from third-party payers, including,but not limited to, health insurers, domestic health services corporations,health maintenance organizations, Medicare, Medicaid and other governmentassistance programs.

8. Assistance under subsection 7 of this section shall be provided tothe following:

(1) Applicants ages birth to five years old meeting thequalifications under subsection 7 of this section;

(2) Applicants between the ages of six to eighteen meeting thequalifications under subsection 7 of this section and whose family incomeis below three hundred percent of the federal poverty level;

(3) Applicants between the ages of six to eighteen meeting thequalifications under subsection 7 of this section and whose family incomeis at three hundred percent of the federal poverty level or above. Forthese applicants, the department shall establish a sliding scale of feesand monthly premiums to be paid in order to receive assistance undersubsection 7 of this section; and

(4) Applicants age nineteen and above meeting the qualificationsunder subsection 7 of this section and who are eligible under anincome-based means test established by the department to determineeligibility for the assistance under subsection 7 of this section.

9. The department shall have authority over the use, retention, anddisposal of biological specimens and all related information collected inconnection with newborn screening tests conducted under subsection 1 ofthis section. The use of such specimens and related information shall onlybe made for public health purposes and shall comply with all applicableprovisions of federal law. The department may charge a reasonable fee forthe use of such specimens for public health research and preparing andsupplying specimens for research proposals approved by the department.

(L. 1965 p. 358 §§ 1 to 5; L. 1985 H.B. 612, A.L. 1992 H.B. 995, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 600 & 388, A.L. 2007 H.B. 948)

*Rulemaking authority, effective when, null and void, when, see RSMo 376.1399.

State Codes and Statutes

Statutes > Missouri > T12 > C191 > 191_331

Infants to be tested for metabolic and geneticdiseases--reports--exceptions--refusal to test--fee for screeningtest, department may impose by rule, use of fees--formulaprovided by department, when--assistance available, when.

191.331. 1. Every infant who is born in this state shall be testedfor phenylketonuria and such other metabolic or genetic diseases as areprescribed by the department. The test used by the department shall bedictated by accepted medical practice and such tests shall be of the typesapproved by the department. All newborn screening tests required by thedepartment shall be performed by the department of health and seniorservices laboratories. The attending physician, certified nurse midwife,public health facility, ambulatory surgical center or hospital shall assurethat appropriate specimens are collected and submitted to the department ofhealth and senior services laboratories.

2. All physicians, certified nurse midwives, public health nurses andadministrators of ambulatory surgical centers or hospitals shall report tothe department all diagnosed cases of phenylketonuria and other metabolicor genetic diseases as designated by the department. The department shallprescribe and furnish all necessary reporting forms.

3. The department shall develop and institute educational programsconcerning phenylketonuria and other metabolic and genetic diseases andassist parents, physicians, hospitals and public health nurses in themanagement and basic treatment of these diseases.

4. The provisions of this section shall not apply if the parents ofsuch child object to the tests or examinations provided in this section onthe grounds that such tests or examinations conflict with their religioustenets and practices.

5. As provided in subsection 4 of this section, the parents of anychild who fail to have such test or examination administered after noticeof the requirement for such test or examination shall be required todocument in writing such refusal. All physicians, certified nursemidwives, public health nurses and administrators of ambulatory surgicalcenters or hospitals shall provide to the parents or guardians a writtenpacket of educational information developed and supplied by the departmentof health and senior services describing the type of specimen, how it isobtained, the nature of diseases being screened, and the consequences oftreatment and nontreatment. The attending physician, certified nursemidwife, public health facility, ambulatory surgical center or hospitalshall obtain the written refusal and make such refusal part of the medicalrecord of the infant.

6. Notwithstanding the provisions of section 192.015, RSMo, to thecontrary, the department may, by rule, annually determine and impose areasonable fee for each newborn screening test made in any of itslaboratories. The department may collect the fee from any entity orindividual described in subsection 1 of this section in a form and mannerestablished by the department. Such fee shall be considered as a costpayable to such entity by a health care third-party payer, including, butnot limited to, a health insurer operating pursuant to chapter 376, RSMo, adomestic health services corporation or health maintenance organizationoperating pursuant to chapter 354, RSMo, and a governmental or entitlementprogram operating pursuant to state law. Such fee shall not be consideredas part of the internal laboratory costs of the persons and entitiesdescribed in subsection 1 of this section by such health care third-partypayers. No individual shall be denied screening because of inability topay. Such fees shall be deposited in a separate account in the publichealth services fund created in section 192.900, RSMo, and funds in suchaccount shall be used for the support of the newborn screening program andactivities related to the screening, diagnosis, and treatment, includingspecial dietary products, of persons with metabolic and genetic diseases;and follow-up activities that ensure that diagnostic evaluation, treatmentand management is available and accessible once an at-risk family isidentified through initial screening; and for no other purpose. Theseprograms may include education in these areas and the development of newprograms related to these diseases.

7. Subject to appropriations provided for formula for the treatmentof inherited diseases of amino acids and organic acids, the departmentshall provide such formula to persons with inherited diseases of aminoacids and organic acids subject to the conditions described in thissubsection. State assistance pursuant to this subsection shall beavailable to an applicant only after the applicant has shown that theapplicant has exhausted all benefits from third-party payers, including,but not limited to, health insurers, domestic health services corporations,health maintenance organizations, Medicare, Medicaid and other governmentassistance programs.

8. Assistance under subsection 7 of this section shall be provided tothe following:

(1) Applicants ages birth to five years old meeting thequalifications under subsection 7 of this section;

(2) Applicants between the ages of six to eighteen meeting thequalifications under subsection 7 of this section and whose family incomeis below three hundred percent of the federal poverty level;

(3) Applicants between the ages of six to eighteen meeting thequalifications under subsection 7 of this section and whose family incomeis at three hundred percent of the federal poverty level or above. Forthese applicants, the department shall establish a sliding scale of feesand monthly premiums to be paid in order to receive assistance undersubsection 7 of this section; and

(4) Applicants age nineteen and above meeting the qualificationsunder subsection 7 of this section and who are eligible under anincome-based means test established by the department to determineeligibility for the assistance under subsection 7 of this section.

9. The department shall have authority over the use, retention, anddisposal of biological specimens and all related information collected inconnection with newborn screening tests conducted under subsection 1 ofthis section. The use of such specimens and related information shall onlybe made for public health purposes and shall comply with all applicableprovisions of federal law. The department may charge a reasonable fee forthe use of such specimens for public health research and preparing andsupplying specimens for research proposals approved by the department.

(L. 1965 p. 358 §§ 1 to 5; L. 1985 H.B. 612, A.L. 1992 H.B. 995, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 600 & 388, A.L. 2007 H.B. 948)

*Rulemaking authority, effective when, null and void, when, see RSMo 376.1399.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C191 > 191_331

Infants to be tested for metabolic and geneticdiseases--reports--exceptions--refusal to test--fee for screeningtest, department may impose by rule, use of fees--formulaprovided by department, when--assistance available, when.

191.331. 1. Every infant who is born in this state shall be testedfor phenylketonuria and such other metabolic or genetic diseases as areprescribed by the department. The test used by the department shall bedictated by accepted medical practice and such tests shall be of the typesapproved by the department. All newborn screening tests required by thedepartment shall be performed by the department of health and seniorservices laboratories. The attending physician, certified nurse midwife,public health facility, ambulatory surgical center or hospital shall assurethat appropriate specimens are collected and submitted to the department ofhealth and senior services laboratories.

2. All physicians, certified nurse midwives, public health nurses andadministrators of ambulatory surgical centers or hospitals shall report tothe department all diagnosed cases of phenylketonuria and other metabolicor genetic diseases as designated by the department. The department shallprescribe and furnish all necessary reporting forms.

3. The department shall develop and institute educational programsconcerning phenylketonuria and other metabolic and genetic diseases andassist parents, physicians, hospitals and public health nurses in themanagement and basic treatment of these diseases.

4. The provisions of this section shall not apply if the parents ofsuch child object to the tests or examinations provided in this section onthe grounds that such tests or examinations conflict with their religioustenets and practices.

5. As provided in subsection 4 of this section, the parents of anychild who fail to have such test or examination administered after noticeof the requirement for such test or examination shall be required todocument in writing such refusal. All physicians, certified nursemidwives, public health nurses and administrators of ambulatory surgicalcenters or hospitals shall provide to the parents or guardians a writtenpacket of educational information developed and supplied by the departmentof health and senior services describing the type of specimen, how it isobtained, the nature of diseases being screened, and the consequences oftreatment and nontreatment. The attending physician, certified nursemidwife, public health facility, ambulatory surgical center or hospitalshall obtain the written refusal and make such refusal part of the medicalrecord of the infant.

6. Notwithstanding the provisions of section 192.015, RSMo, to thecontrary, the department may, by rule, annually determine and impose areasonable fee for each newborn screening test made in any of itslaboratories. The department may collect the fee from any entity orindividual described in subsection 1 of this section in a form and mannerestablished by the department. Such fee shall be considered as a costpayable to such entity by a health care third-party payer, including, butnot limited to, a health insurer operating pursuant to chapter 376, RSMo, adomestic health services corporation or health maintenance organizationoperating pursuant to chapter 354, RSMo, and a governmental or entitlementprogram operating pursuant to state law. Such fee shall not be consideredas part of the internal laboratory costs of the persons and entitiesdescribed in subsection 1 of this section by such health care third-partypayers. No individual shall be denied screening because of inability topay. Such fees shall be deposited in a separate account in the publichealth services fund created in section 192.900, RSMo, and funds in suchaccount shall be used for the support of the newborn screening program andactivities related to the screening, diagnosis, and treatment, includingspecial dietary products, of persons with metabolic and genetic diseases;and follow-up activities that ensure that diagnostic evaluation, treatmentand management is available and accessible once an at-risk family isidentified through initial screening; and for no other purpose. Theseprograms may include education in these areas and the development of newprograms related to these diseases.

7. Subject to appropriations provided for formula for the treatmentof inherited diseases of amino acids and organic acids, the departmentshall provide such formula to persons with inherited diseases of aminoacids and organic acids subject to the conditions described in thissubsection. State assistance pursuant to this subsection shall beavailable to an applicant only after the applicant has shown that theapplicant has exhausted all benefits from third-party payers, including,but not limited to, health insurers, domestic health services corporations,health maintenance organizations, Medicare, Medicaid and other governmentassistance programs.

8. Assistance under subsection 7 of this section shall be provided tothe following:

(1) Applicants ages birth to five years old meeting thequalifications under subsection 7 of this section;

(2) Applicants between the ages of six to eighteen meeting thequalifications under subsection 7 of this section and whose family incomeis below three hundred percent of the federal poverty level;

(3) Applicants between the ages of six to eighteen meeting thequalifications under subsection 7 of this section and whose family incomeis at three hundred percent of the federal poverty level or above. Forthese applicants, the department shall establish a sliding scale of feesand monthly premiums to be paid in order to receive assistance undersubsection 7 of this section; and

(4) Applicants age nineteen and above meeting the qualificationsunder subsection 7 of this section and who are eligible under anincome-based means test established by the department to determineeligibility for the assistance under subsection 7 of this section.

9. The department shall have authority over the use, retention, anddisposal of biological specimens and all related information collected inconnection with newborn screening tests conducted under subsection 1 ofthis section. The use of such specimens and related information shall onlybe made for public health purposes and shall comply with all applicableprovisions of federal law. The department may charge a reasonable fee forthe use of such specimens for public health research and preparing andsupplying specimens for research proposals approved by the department.

(L. 1965 p. 358 §§ 1 to 5; L. 1985 H.B. 612, A.L. 1992 H.B. 995, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 600 & 388, A.L. 2007 H.B. 948)

*Rulemaking authority, effective when, null and void, when, see RSMo 376.1399.