Florida Senate - 2011 SB 1056
By Senator Sachs
30-01511-11 20111056__
1 A bill to be entitled
2 An act relating to infant eye care; amending s.
3 383.04, F.S.; requiring certain eye examinations for
4 all infants born in hospitals in the state; exempting
5 this requirement from s. 383.07, F.S., relating to a
6 penalty; revising an exception to certain
7 applicability requirements concerning infant eye care;
8 amending ss. 627.6416 and 641.31, F.S.; providing that
9 coverage for children under health insurance policies
10 and health maintenance organization contracts must
11 include certain eye examinations for infants and
12 children; providing an effective date.
13
14 WHEREAS, it is the policy of the state to make every effort
15 to detect pediatric congenital ocular abnormalities that lead to
16 premature death, blindness, or vision impairment unless treated
17 soon after birth, and
18 WHEREAS, treatable congenital ocular diseases occur
19 frequently and require increased early detection efforts, and
20 WHEREAS, early detection significantly enhances the ability
21 to prevent serious damage from congenital abnormalities of the
22 eye which, left undetected and untreated, may result in
23 blindness or life-threatening diseases, or both, and
24 WHEREAS, retinoblastoma is a childhood cancer arising in
25 immature retinal cells inside the eye and accounts for
26 approximately 13 percent of all cancers in infants, and most
27 children are diagnosed before they are two and one-half years of
28 age, and
29 WHEREAS, increased emphasis on optimal examination methods
30 for newborns, such as dilation of the eye with eye drops,
31 darkened examination rooms, and the use of an ophthalmoscope,
32 would facilitate detection of the abnormal disease process
33 inside the eye of the newborn, and
34 WHEREAS, early detection and referral of an abnormal red
35 reflex pupillary screen would allow early diagnosis of
36 congenital cataract or retinoblastoma which, if recognized and
37 treated as soon as possible after birth, could prevent long-term
38 disability, and
39 WHEREAS, early diagnosis and intervention can reduce the
40 number of visually impaired citizens and reduce the amount of
41 public expenditures for health care, special education, and
42 related services, NOW, THEREFORE,
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Section 383.04, Florida Statutes, is amended to
47 read:
48 383.04 Prophylactic required for eyes of infants.—Every
49 physician, midwife, or other person in attendance at the birth
50 of a child in the state shall is required to instill or have
51 instilled into the eyes of the baby within 1 hour after birth an
52 effective prophylactic recommended by the Committee on
53 Infectious Diseases of the American Academy of Pediatrics for
54 the prevention of neonatal ophthalmia. In addition, each baby
55 born in a hospital in the state must, before being discharged
56 from the hospital, receive an eye examination using an
57 ophthalmoscope and dilation of the pupils for detection of
58 pediatric congenital and ocular abnormalities; however, this
59 requirement is not subject to s. 383.07. This section does not
60 apply to cases where the parents file a written objection with
61 the physician, midwife, or other person in attendance at the
62 birth of a child written objections on account of religious
63 beliefs contrary to the use of drugs. In such case the
64 physician, midwife, or other person in attendance shall maintain
65 a record that such measures were or were not employed and attach
66 thereto any written objection.
67 Section 2. Paragraph (a) of subsection (2) of section
68 627.6416, Florida Statutes, is amended to read:
69 627.6416 Coverage for child health supervision services.—
70 (2) As used in this section, the term “child health
71 supervision services” means physician-delivered or physician
72 supervised services that include, at a minimum, services
73 delivered at the intervals and scope stated in this section.
74 (a) Child health supervision services must include periodic
75 visits that which shall include a history;, a physical
76 examination;, a developmental assessment and anticipatory
77 guidance;, and appropriate immunizations and laboratory tests;
78 and eye examinations at birth, using an ophthalmoscope and
79 dilation of the pupils for detection of pediatric congenital and
80 ocular abnormalities and developmental abnormalities. Such
81 services and periodic visits shall be provided in accordance
82 with prevailing medical standards consistent with the
83 Recommendations for Preventive Pediatric Health Care of the
84 American Academy of Pediatrics.
85 Section 3. Subsection (30) of section 641.31, Florida
86 Statutes, is amended to read:
87 641.31 Health maintenance contracts.—
88 (30)(a) All health maintenance contracts which provide
89 coverage, benefits, or services for a member of the family of
90 the subscriber must, as to such family member’s coverage,
91 benefits, or services, also provide that the benefits applicable
92 for children include coverage for child health supervision
93 services from the moment of birth to age 16 years.
94 (b) As used in this subsection, the term “child health
95 supervision services” means physician-delivered or physician
96 supervised services that include, at a minimum, services
97 delivered at the intervals and scope stated in this subsection.
98 1. Child health supervision services must include periodic
99 visits that which shall include a history;, a physical
100 examination;, a developmental assessment and anticipatory
101 guidance;, and appropriate immunizations and laboratory tests;
102 and eye examinations at birth, using an ophthalmoscope and
103 dilation of the pupils for detection of pediatric congenital and
104 ocular abnormalities and developmental abnormalities. Such
105 services and periodic visits shall be provided in accordance
106 with prevailing medical standards consistent with the
107 Recommendations for Preventive Pediatric Health Care of the
108 American Academy of Pediatrics.
109 2. Minimum benefits may be limited to one visit payable to
110 one provider for all of the services provided at each visit
111 cited in this subsection.
112 Section 4. This act shall take effect July 1, 2011.