[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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 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 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 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 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 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:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
Sept. 6, considered and passed Senate.
Oct. 3, considered and passed House.