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