NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10129
SPONSOR: Rosenthal L
TITLE OF BILL:
An act to amend public health law, in relation to requiring cytomegalo-
virus screening for every newborn
PURPOSE OR GENERAL IDEA OF BILL:
To require universal screenings of newborns for cytomegalovirus.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (h) of subdivision 1 of section 2500-a of
the public health law.
Section two establishes the effective date.
Chapter 307 of the laws of 2018 requires that all newborns who fail
their initial hearing screening be tested for cytomegalovirus (CMV), a
common congenital viral infection and the leading non-genetic cause of
deafness in children. While most CMV infections do not cause harm to
adults and those infected may not show any signs or symptoms, the
effects have the potential to be devastating to a newborn. There are
20,000 to 40,000 infants born with CMV and nationwide roughly 400 chil-
dren die from CMV annually. Despite many infants appearing asymptomatic
at birth, at least 20 percent of those with CMV will have permanent
disabilities, such as hearing loss, microcephaly, intellectual deficits
and vision abnormalities.
Failure of an initial hearing screening after birth is often an indica-
tor of a CMV infection, however, it does not identify all newborns
carrying the infection. By testing all newborns for CMV, regardless of
the outcome of a hearing screening, we can quickly link them to treat-
ments designed to improve hearing and developmental outcomes.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK
April 29, 2022
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend public health law, in relation to requiring cytomegalo-
virus screening for every newborn
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (h) of subdivision 1 of section 2500-a of the
2 public health law, as amended by chapter 730 of the laws of 2021, is
3 amended to read as follows:
4 (h) [With regard to any newborn infant who is identified as, or
5 suspected of, having a hearing impairment as a result of a screening
6 conducted pursuant to section twenty-five hundred-g of this title,]
7 Cytomegalovirus using a urine polymerase chain reaction (PCR) test [for
8 cytomegalovirus, unless the parent of the infant objects thereto];
9 provided that if the commissioner determines that another test for cyto-
10 megalovirus is diagnostically equivalent to or better than the urine
11 polymerase chain reaction test, the commissioner may, by regulation
12 under this section, allow or require the use of that other test.
13 § 2. This act shall take effect on the one hundred eightieth day after
14 it shall have become a law; provided, however, that if chapter 730 of
15 the laws of 2021 shall not have taken effect on or before such date then
16 section one of this act shall take effect on the same date and in the
17 same manner as such chapter of the laws of 2021 takes effect. Effective
18 immediately, the addition, amendment and/or repeal of any rule or regu-
19 lation necessary for the implementation of this act on its effective
20 date are authorized to be made and completed on or before such effective
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.