[115th Congress Public Law 71]
[From the U.S. Government Publishing Office]



[[Page 1217]]

          EARLY HEARING DETECTION AND INTERVENTION ACT OF 2017

[[Page 131 STAT. 1218]]

Public Law 115-71
115th Congress

                                 An Act


 
  To amend the Public Health Service Act to reauthorize a program for 
  early detection, diagnosis, and treatment regarding deaf and hard-of-
    hearing newborns, infants, and young children. <<NOTE: Oct. 18, 
                           2017 -  [S. 652]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Early Hearing 
Detection and Intervention Act of 2017. 42 USC 201 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Hearing Detection and 
Intervention Act of 2017''.
SEC. 2. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, 
                    AND TREATMENT REGARDING DEAF AND HARD-OF-
                    HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN.

    (a) Section Heading.--The section heading of section 399M of the 
Public Health Service Act (42 U.S.C. 280g-1) is amended to read as 
follows:
``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING 
                          DEAF AND HARD-OF-HEARING NEWBORNS, 
                          INFANTS, AND YOUNG CHILDREN.''.

    (b) Statewide Systems.--Section 399M(a) of the Public Health Service 
Act (42 U.S.C. 280g-1(a)) is amended--
            (1) in the subsection heading, by striking ``Newborn and 
        Infant'' and inserting ``Newborn, Infant, and Young Child'';
            (2) in the matter preceding paragraph (1)--
                    (A) by striking ``newborn and infant'' and inserting 
                ``newborn, infant, and young child''; and
                    (B) by striking ``providers,'' and inserting 
                ``providers (including, as appropriate, education and 
                training of family members),'';
            (3) in paragraph (1)--
                    (A) in the first sentence--
                          (i) by striking ``newborns and infants'' and 
                      inserting ``newborns, infants, and young children 
                      (referred to in this section as `children')''; and
                          (ii) by striking ``and medical'' and all that 
                      follows through the period and inserting 
                      ``medical, and communication (or language 
                      acquisition) interventions (including family 
                      support), for children identified as deaf or hard-
                      of-hearing, consistent with the following:'';
                    (B) in the second sentence--
                          (i) by striking ``Early'' and inserting the 
                      following:
                    ``(A) Early'';

[[Page 131 STAT. 1219]]

                          (ii) by striking ``and delivery of'' and 
                      inserting ``, and delivery of,'';
                          (iii) by striking ``by schools'' and all that 
                      follows through ``programs mandated'' and 
                      inserting ``by organizations such as schools and 
                      agencies (including community, consumer, and 
                      family-based agencies), in health care settings 
                      (including medical homes for children), and in 
                      programs mandated''; and
                          (iv) by striking ``hard of hearing'' and all 
                      that follows through the period and inserting 
                      ``hard-of-hearing children.''; and
                    (C) by striking the last sentence and inserting the 
                following:
                    ``(B) Information provided to families should be 
                accurate, comprehensive, up-to-date, and evidence-based, 
                as appropriate, to allow families to make important 
                decisions for their children in a timely manner, 
                including decisions with respect to the full range of 
                assistive hearing technologies and communications 
                modalities, as appropriate.
                    ``(C) Programs and systems under this paragraph 
                shall offer mechanisms that foster family-to-family and 
                deaf and hard-of-hearing consumer-to-family supports.'';
            (4) in paragraph (2), by striking ``To collect'' and all 
        that follows through the period and inserting ``To continue to 
        provide technical support to States, through one or more 
        technical resource centers, to assist in further developing and 
        enhancing State early hearing detection and intervention 
        programs.''; and
            (5) by striking paragraph (3) and inserting the following:
            ``(3) To identify or develop efficient models (educational 
        and medical) to ensure that children who are identified as deaf 
        or hard-of-hearing through screening receive follow-up by 
        qualified early intervention providers or qualified health care 
        providers (including those at medical homes for children), and 
        referrals, as appropriate, including to early intervention 
        services under part C of the Individuals with Disabilities 
        Education Act. State agencies shall be encouraged to effectively 
        increase the rate of such follow-up and referral.''.

    (c) Technical Assistance, Data Management, and Applied Research.--
Section 399M(b)(1) of the Public Health Service Act (42 U.S.C. 280g-
1(b)(1)) is amended--
            (1) in the first sentence--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
                    ``(A) In general.--The Secretary'';
                    (B) by striking ``to complement an intramural 
                program and'' and inserting the following: ``or 
                designated entities of States--
                          ``(i) to develop, maintain, and improve data 
                      collection systems related to newborn, infant, and 
                      young child hearing screening, evaluation 
                      (including audiologic, medical, and language 
                      acquisition evaluations), diagnosis, and 
                      intervention services;'';
                    (C) by striking ``to conduct'' and inserting the 
                following:
                          ``(ii) to conduct''; and
                    (D) by striking ``newborn'' and all that follows 
                through the period and inserting the following: 
                ``newborn, infant,

[[Page 131 STAT. 1220]]

                and young child hearing screening, evaluation, and 
                intervention programs and outcomes;
                          ``(iii) to ensure quality monitoring of 
                      hearing screening, evaluation, and intervention 
                      programs and systems for newborns, infants, and 
                      young children; and
                          ``(iv) to support newborn, infant, and young 
                      child hearing screening, evaluation, and 
                      intervention programs, and information systems.'';
            (2) in the second sentence--
                    (A) by striking the matter that precedes 
                subparagraph (A) and all that follows through 
                subparagraph (C) and inserting the following:
                    ``(B) Use of awards.--The awards made under 
                subparagraph (A) may be used--
                          ``(i) to provide technical assistance on data 
                      collection and management, including to coordinate 
                      and develop standardized procedures for data 
                      management;
                          ``(ii) to assess and report on the cost and 
                      program effectiveness of newborn, infant, and 
                      young child hearing screening, evaluation, and 
                      intervention programs and systems;
                          ``(iii) to collect data and report on newborn, 
                      infant, and young child hearing screening, 
                      evaluation, diagnosis, and intervention programs 
                      and systems for applied research, program 
                      evaluation, and policy improvement;'';
                    (B) by redesignating subparagraphs (D), (E), and (F) 
                as clauses (iv), (v), and (vi), respectively, and 
                aligning the margins of those clauses with the margins 
                of clause (i) of subparagraph (B) (as inserted by 
                subparagraph (A) of this paragraph);
                    (C) in clause (v) (as redesignated by subparagraph 
                (B) of this paragraph)--
                          (i) by striking ``newborn and infant'' and 
                      inserting ``newborn, infant, and young child''; 
                      and
                          (ii) by striking ``language status'' and 
                      inserting ``hearing status''; and
                    (D) in clause (vi) (as redesignated by subparagraph 
                (B) of this paragraph)--
                          (i) by striking ``sharing'' and inserting 
                      ``integration and interoperability''; and
                          (ii) by striking ``with State-based'' and all 
                      that follows through the period and inserting 
                      ``across multiple sources to increase the flow of 
                      information between clinical care and public 
                      health settings, including the ability of States 
                      and territories to exchange and share data.''.

    (d) Coordination and Collaboration.--Section 399M(c) of the Public 
Health Service Act (42 U.S.C. 280g-1(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``consult with'' and inserting 
                ``consult with--'';
                    (B) by striking ``other Federal'' and inserting the 
                following:
                    ``(A) other Federal'';

[[Page 131 STAT. 1221]]

                    (C) by striking ``State and local agencies, 
                including those'' and inserting the following:
                    ``(B) State and local agencies, including 
                agencies'';
                    (D) by striking ``consumer groups of and that 
                serve'' and inserting the following:
                    ``(C) consumer groups of, and that serve,'';
                    (E) by striking ``appropriate national'' and 
                inserting the following:
                    ``(D) appropriate national'';
                    (F) by striking ``persons who are deaf and'' and 
                inserting the following:
                    ``(E) individuals who are deaf or'';
                    (G) by striking ``other qualified'' and inserting 
                the following:
                    ``(F) other qualified'';
                    (H) by striking ``newborns, infants, toddlers, 
                children,'' and inserting ``children,'';
                    (I) by striking ``third-party'' and inserting the 
                following:
                    ``(G) third-party''; and
                    (J) by striking ``related commercial'' and inserting 
                the following:
                    ``(H) related commercial''; and
            (2) in paragraph (3)--
                    (A) by striking ``States to establish newborn and 
                infant'' and inserting the following: ``States--
                    ``(A) to establish newborn, infant, and young 
                child'';
                    (B) by inserting a semicolon after ``subsection 
                (a)''; and
                    (C) by striking ``to develop'' and inserting the 
                following:
                    ``(B) to develop''.

    (e) Rule of Construction; Religious Accommodation.--Section 399M(d) 
of the Public Health Service Act (42 U.S.C. 280g-1(d)) is amended--
            (1) by striking ``which'' and inserting ``that'';
            (2) by striking ``newborn infants or young''; and
            (3) by striking ``parents' '' and inserting ``parent's''.

    (f) Definitions.--Section 399M(e) of the Public Health Service Act 
(42 U.S.C. 280g-1(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1)'' and all that follows through 
                ``to procedures'' and inserting the following:
            ``(1) The term `audiologic', when used in connection with 
        evaluation, means procedures--'';
                    (B) by striking ``to assess'' and inserting the 
                following:
                    ``(A) to assess'';
                    (C) by striking ``to establish'' and inserting the 
                following:
                    ``(B) to establish'';
                    (D) by striking ``auditory disorder;'' and inserting 
                ``auditory disorder,'';
                    (E) by striking ``to identify'' and inserting the 
                following:
                    ``(C) to identify'';
                    (F) by striking ``options.'' and all that follows 
                through ``linkage'' and inserting the following: 
                ``options, including--
                          ``(i) linkage'';
                    (G) by striking ``appropriate agencies,'' and all 
                that follows through ``national'' and inserting the 
                following: ``appropriate agencies;

[[Page 131 STAT. 1222]]

                          ``(ii) medical evaluation;
                          ``(iii) assessment for the full range of 
                      assistive hearing technologies appropriate for 
                      newborns, infants, and young children;
                          ``(iv) audiologic rehabilitation treatment; 
                      and
                          ``(v) referral to national''; and
                    (H) by striking ``parent, and education'' and 
                inserting ``parent, family, and education'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraphs (3) through (6) as 
        paragraphs (2) through (5);
            (4) in paragraph (2) (as redesignated by paragraph (3) of 
        this subsection)--
                    (A) by striking ``refers to providing'' and 
                inserting the following: ``means--
                    ``(A) providing'';
                    (B) by striking ``with hearing loss, including 
                nonmedical services,'' and inserting ``who is deaf or 
                hard-of-hearing, including nonmedical services;'';
                    (C) by striking ``ensuring that families of the 
                child are provided'' and inserting the following:
                    ``(B) ensuring that the family of the child is--
                          ``(i) provided'';
                    (D) by striking ``language and communication options 
                and are given'' and inserting the following: ``language 
                acquisition in oral and visual modalities; and
                          ``(ii) given''; and
                    (E) by striking ``their child'' and inserting ``the 
                child'';
            (5) in paragraph (3) (as redesignated by paragraph (3) of 
        this subsection), by striking ``(3)'' and all that follows 
        through ``decision making'' and inserting ``The term `medical 
        evaluation' means key components performed by a physician 
        including history, examination, and medical decisionmaking'';
            (6) in paragraph (4) (as redesignated by paragraph (3) of 
        this subsection)--
                    (A) by striking ``refers to'' and inserting 
                ``means'';
                    (B) by striking ``and/or surgical'' and inserting 
                ``or surgical''; and
                    (C) by striking ``of hearing'' and all that follows 
                through ``disorder'' and inserting ``for hearing loss or 
                other medical disorders''; and
            (7) in paragraph (5) (as redesignated by paragraph (3) of 
        this subsection)--
                    (A) by striking ``(5)'' and all that follows through 
                ``refers to'' and inserting ``(5) The term `newborn, 
                infant, and young child hearing screening' means''; and
                    (B) by striking ``and infants'' and inserting ``, 
                infants, and young children under 3 years of age''.

    (g) Authorization of Appropriations.--Section 399M(f) of the Public 
Health Service Act (42 U.S.C. 280g-1(f)) is amended--
            (1) in paragraph (1), by striking ``such sums'' and all that 
        follows through the period and inserting ``$17,818,000 for 
        fiscal year 2018, $18,173,800 for fiscal year 2019, $18,628,145 
        for fiscal year 2020, $19,056,592 for fiscal year 2021, and 
        $19,522,758 for fiscal year 2022.''; and
            (2) in paragraph (2), by striking ``such sums'' and all that 
        follows through the period and inserting ``$10,800,000 for 
        fiscal

[[Page 131 STAT. 1223]]

        year 2018, $11,026,800 for fiscal year 2019, $11,302,470 for 
        fiscal year 2020, $11,562,427 for fiscal year 2021, and 
        $11,851,488 for fiscal year 2022.''.

    Approved October 18, 2017.

LEGISLATIVE HISTORY--S. 652:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 163 (2017):
            Sept. 6, considered and passed Senate.
            Oct. 3, considered and passed House.

                                  <all>