SECTION 37.52. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Abnormal screening result(s)--An out-of-range laboratory test result.

(2) Bona fide resident--A person who:

(A) is physically present within the geographic boundaries of the state;

(B) has an intent to remain within the state;

(C) maintains an abode within the state (i.e., house or apartment, not merely a post office box);

(D) has not come to Texas from another country for the purpose of obtaining medical care, with the intent to return to the person's native country;

(E) does not claim residency in any other state or country; and

(i) is a minor child residing in Texas whose parent, managing conservator, or legal guardian is a bona fide resident;

(ii) is a person residing in Texas who is the legally dependent spouse of a bona fide resident; or

(iii) is an adult residing in Texas, including an adult whose parent, managing conservator, or legal guardian is a bona fide resident or who is his/her own legal guardian.

(3) Charity care newborn--A patient who is not insured or self-pay, and is not covered or eligible to be covered for newborn screening services by Medicaid, Children's Health Insurance Program (CHIP), or any other government program.

(4) CHIP-eligible newborn--A patient who is eligible for CHIP coverage in accordance with Texas Health and Safety Code, Chapter 62.

(5) Commissioner--The commissioner of the Department of State Health Services.

(6) Critical Congenital Heart Disease--CCHD is an abnormality in the structure or function of the heart that exists at birth, that causes severe, life-threatening symptoms, and requires medical intervention within the first few hours, days, or months of life. CCHD is detected by point-of-care screening. Comprehensive rules for CCHD will be established under a separate subchapter under this chapter.

(7) Department--The Department of State Health Services or its successor.

(8) Health care practitioner--One of the following individuals who is currently licensed and in good standing as indicated:

(A) an advanced practice registered nurse licensed by the Texas Board of Nursing pursuant to Texas Occupations Code, Chapter 301;

(B) a physician assistant licensed by the Texas Physician Assistant Board pursuant to Texas Occupations Code, Chapter 204; or

(C) a midwife licensed by the Texas Midwifery Board pursuant to Texas Occupations Code, Chapter 203.

(9) Medicaid-eligible newborn--A patient whose mother is a Medicaid recipient or who is otherwise eligible for Medicaid coverage for the newborn-related services in accordance with Texas Human Resources Code, Chapter 32.

(10) Newborn--A child through 30 days of age.

(11) Newborn Screening--One or more laboratory test(s) that identify an increased risk for phenylketonuria, other heritable diseases, hypothyroidism, and certain other disorders.

(12) Physician--A person licensed to practice medicine by the Texas Medical Board pursuant to Texas Occupations Code, Chapter 151.

(13) Specimen--A laboratory sample used for testing. The specimen used for newborn screening is capillary blood dried on specialized filter paper.

(14) Specimen collection kit--A department-approved, bar-coded, newborn screening specimen collection kit obtained from the department and consists of a parental information sheet; Parental Decision for Storage and Use of Newborn Screening Blood Spot Cards form; customized specimen collection device; demographic information sheet; and specimen collection directions applicable to the collection and submission of a newborn's blood specimen for the first, second, or repeat newborn screening test.

Source Note: The provisions of this §37.52 adopted to be effective November 1, 2006, 31 TexReg 8835; amended to be effective December 31, 2013, 38 TexReg 9567