Legislation 2007

V. 62E Comprehensive Health Insurance a. 62E.06 Minimum Benefits of Qualified Plan (1977, updated 2003)

• Health insurance plans are not required to cover hearing aid rental or purchase unless they are state plans and must provide hearing aids for children under the age of 18 (Statute 62Q.675). This means that Minnesota’s qualified health care plans will not cover hearing aids for adults.

b.62L.05 Small Employer Plan Benefits (1992)

• The health insurance plans in the small employer market do not need to include hearing aid rental or purchase in the benefits unless the hearing aids are for children under the age of 18 (Statute 62Q.675).

c. 62Q.675 Hearing Aids; Persons 18 or Younger (2003 updated 2007)

• A Minnesota health plan has to cover hearing aids for people 18 or younger whose hearing loss cannot be corrected by other procedures covered by the health plan. The law allows for one pair of hearing aids every three years.

XIV. 144 Department of Health a. 144.125 Tests of Infants for Heritable and Congenital Disorders (money allocated in 1997, law includes hearing loss 2007)

• Every infant needs to be tested for hearing loss. A nurse midwife, midwife, or administrative officer is responsible for arranging for the hearing test. Parents can choose to not have the tests done. The commissioner of health is responsible for deciding what tests should be done and when the tests should be given to ensure the health of infants in Minnesota.

b. 144.966 Early Hearing Detection and Intervention Program (2007)

• The Newborn Hearing Screening Advisory Committee is responsible for deciding how and when to test infants for hearing loss. The Committee needs to have members that represent specific community perspectives including at least two members that are deaf or hard of hearing.

The committee:
1. Establishes timelines for screening and rescreening
2. Creates a system for tracking children that may be at risk.
3. Evaluates the EHDI program outcomes to improve effectiveness.
4. Advises and assists the Department of Health and Department of Education on EHDI issues.

All hospitals have to create an early hearing detection and intervention (EHDI) program. The EHDI programs must:

1. give parents information about the hearing screening test prior to the procedure,
2. comply with parental consent protocol,
3. test newborns before they are discharged from the hospital or before three months of age if the infant is staying longer in the hospital,
4. develop screening and rescreening policies and procedures based on recommendations from the Department of Health,
5. inform the parents, the child’s physician and the department of health of the hearing test results before the child is discharged from the hospital, and
6. collect performance data about the department of health.

• Commissioner of health will create a contract with a nonprofit that can provide support for families with children who are deaf, deafblind, and hard of hearing. Support includes providing information on medical, communication, and educational options. Allocates funds for Parent Guides who provide unbiased information to parents on medical, communication and educational options.
• For children born outside of hospitals, one of the health providers at the birth will inform the family orally and in writing as to where the child’s hearing can be screened.
• Department of Health has the responsibility to oversee all the EHDI programs.
• No doctor or hospital can be civilly or criminally liable for not performing the hearing test.