As Amended
SEC. 41-90-5. Hearing Impaired Children.
(1) There is established a program of registration of newborns, infants and toddlers in the State of Mississippi who suffer from impaired hearing. It is the purpose of this program to:
(a) Identify such children near birth in order that they and their parents or caregivers may be assisted in obtaining education, training, medical, diagnostic and therapeutic services, and other assistance necessary to enable them to become productive citizens of the state;
(b) Provide the state with the information necessary to effectively plan and establish a comprehensive system of developmentally appropriate services for deaf and hearing impaired infants and toddlers; and
(c) Reduce the likelihood of secondary disabling conditions for such children.
(2) The State Department of Health, as "lead agency" for the implementation of Part H of the Individuals with Disabilities Education Act (IDEA) and in accordance with the provisions of the Early Intervention Act for Infants and Toddlers (Section 41-87-1 through Section 41-87-19), shall maintain the Infant and Toddler Hearing Impaired Registry. The State Part H Coordinator is designated as the director of the registration program and is charged with its administration. The State Part H Coordinator may designate a staff person (or persons) to carry out the provisions of this section. All hospitals in the state and other providers of services that have established hearing screening procedures for infants and toddlers ages birth through two (2) shall report to the State Part H Coordinator the existence of infants and toddlers who fail to pass hearing screening procedures. The information compiled and maintained in the registry shall be kept confidential in accordance with the applicable requirements and provisions of the Early Intervention Act for Infants and Toddlers (Section 41-87-1 through Section 41-87-19) and Part H of IDEA. Families of all registrants will be provided information on the availability of services in the state for children with hearing impairments, including those provided in accordance with Part H of IDEA through the statewide infant and toddler early intervention system.
(3) The director of the registration program or his or her designee shall facilitate the reporting of infants and toddlers who fail to pass hearing screening by hospitals or any other person or provider of services, as provided in subsection (2) of this section. Reports may be submitted to the registry through the use of prepaid envelopes, sending of facsimiles, or telephone via statewide toll free number. It is the purpose of this subsection to facilitate the reporting of infants and toddlers who may suffer from impaired hearing. The reporting requirements shall be designed to be as simple as possible and easily completed by nonprofessional persons when necessary.
(4) The State Board of Health may adopt rules and regulations that the board considers necessary to implement this section. The board in its rules and regulations shall specify the types of information to be provided to the State Part H Coordinator for the registry. The Department of Health may:
(a) Execute contracts that the department deems necessary to carry out the provisions of this section;
(b) Receive data from medical records for children suspected of having hearing impairments that are in the custody or under the control of laboratories, hospitals, audiologists, physicians, or other health care providers to record and analyze the data related to the child's hearing impairment or suspected hearing impairment;
(c) Compile and publish statistical and other studies derived from the patient data obtained under this section to provide in an accessible form information that is useful to physicians, other medical personnel, the State Department of Education and the general public;
(d) Comply with requirements as necessary to obtain federal funds in the maximum amounts and in the most advantageous portions possible; and
(e) Receive and use gifts made for the purpose of this section.
(5) Data obtained by the establishment of the registry that is taken directly from the medical records of a patient is for the confidential use of the Department of Health and the persons or public or private entities that the department determines are necessary to carry out the intent of the registry. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data for the registry. Information that may identify an individual whose medical records have been used for obtaining data for this section is not available for public inspection under the Mississippi Public Records Act of 1983. Statistical information collected under this section is public information.
(6) The following persons who act in compliance with this section
are not civilly or criminally liable for furnishing information required
by this section: a hospital, clinical laboratory or other health care facility,
an audiologist, an administrator, officer or employee of a hospital or
other health care facility, and a physician or employee of a physician.
SOURCES: 1997 Laws, Chapter 514, Sec. 3, HB572, Effective January 1, 1998.