NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3956
SPONSOR: Rosenthal
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring cytome-
galovirus screening for every newborn
 
PURPOSE OR GENERAL IDEA OF BILL::
To require universal screenings of newborns for cytomegalovirus.ti
 
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.
 
JUSTIFICATION::
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::
2022-23: A.7997 Referred to Health; S.7659 Referred to Health
2021-22: A.10129 Referred to Health
 
FISCAL IMPLICATIONS::
To be determined.
 
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3956
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to requiring cytome-
galovirus 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 nucleic acid-based test, such as a dried blood-
8 spot, or a urine polymerase chain reaction (PCR) test [for cytomegalovi-
9 rus, unless the parent of the infant objects thereto]; provided that if
10 the commissioner determines that another test for cytomegalovirus is
11 diagnostically equivalent to or better than [the] a nucleic acid-based
12 test or a urine polymerase chain reaction test, the commissioner may, by
13 regulation under this section, allow or require the use of that other
14 test.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act on its effective date are authorized to be made and
19 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05264-02-5