2010 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 15 - Disease And Disease Prevention Generally
Subchapter 3 - Phenylketonuria, Hypothyroidism, and Sickle-Cell Anemia
§ 20-15-302 - Testing of newborns.

20-15-302. Testing of newborns.

(a) (1) (A) All newborn infants shall be tested for phenylketonuria, hypothyroidism, galactosemia, cystic fibrosis, and sickle-cell anemia.

(B) In addition, if reliable and efficient testing techniques are available, all newborn infants shall be tested for other genetic disorders of metabolism by employing procedures approved by the State Board of Health.

(2) (A) Medicaid shall reimburse the hospital that performs the tests required under subdivision (a)(1) of this section for the cost of the tests.

(B) The reimbursement shall be in addition to the hospital's per diem payments for the newborn infant.

(b) All positive test results shall be sent immediately to the Division of Health of the Department of Health and Human Services.

(c) (1) The division shall establish and maintain a program of reviewing and following up on positive cases so that measures may be taken to prevent mental retardation or other permanent disabilities.

(2) (A) Information on newborn infants and their families compiled under this section may be used by the division and persons or public or private entities designated by the division.

(B) Information used under subdivision (c)(2)(A) of this section may not refer to or disclose the identity of any person.

(3) All materials, data, and information received by the division are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, 25-19-101 et seq.

(d) (1) The division shall conduct an intensive educational and training program among physicians, hospitals, public health nurses, and the public concerning the disorders covered under this section.

(2) The program shall include information concerning:

(A) The nature of the disorders;

(B) Testing for the detection of these disorders; and

(C) Treatment modalities for these disorders.

(e) The provisions of this section shall not apply if the parents or legal guardian of a newborn infant object to the testing on medical, religious, or philosophical grounds.

(f) Testing for cystic fibrosis under this section shall be implemented only if funding is available.