(a) Each facility shall administer an infant hearing screening program, directly or by contract pursuant to section 400.4 of this Title, as required by this Part and as generally described in subdivision (b) of this section, except for those facilities identified in subdivision (c) of this section.

1. (1) Facilities that establish a contract(s) with providers of infant hearing screening shall designate a staff member responsible for contract management and general oversight of the program.
2. (2) Contracts may be established for the conduct of inpatient and/or outpatient infant hearing screening.
3. (3) Contractors must be article 28 facilities or health care providers licensed under State Education Law and authorized under such law to perform infant hearing screening.
4. (4) Contractors shall have the capacity to meet general requirements for infant hearing screening programs as set forth in subdivision (b) of this section.

(b) General requirements of an infant hearing screening program are:

1. (1) the conduct of inpatient infant hearing screening prior to discharge from the facility;
2. (2) communication of results of infant hearing screenings to parents by designated personnel, including provision of written materials supplied by the department;
3. (3) the conduct of follow-up infant hearing screening or provision of referrals to obtain follow-up screening on an outpatient basis for those infants who fail or do not receive infant hearing screening prior to discharge from the facility. On an annual basis, facilities shall notify the department whether the facility will conduct follow-up infant hearing screening or provide referrals for infants to obtain such screening from another facility or provider licensed under State Education Law and authorized to provide infant hearing screening;

4. (4) referral of infants who are suspected of having a hearing loss as defined in this Part to the Early Intervention Program for appropriate evaluation and early intervention services pursuant to section 69-4.3 of this Part including, but not limited to:

   1. (i) providing a general explanation of the Early Intervention Program and the purpose of referral and the parents' right to object to the referral;
   2. (ii) ensuring confidentiality of referral information transmitted; and
   3. (iii) transmitting of personally identifying information as necessary to ensure follow-up;
5. (5) the reporting of aggregate data on infant hearing screenings to the department upon department request, in a format and frequency prescribed by the commissioner; and
6. (6) the establishment of facility quality assurance protocols as necessary pursuant to section 405.6 of this Title to determine and evaluate the effectiveness of the program in ensuring all infants are screened for hearing loss.

(c) Facilities with 400 or fewer births annually, based on a three-year rolling average, may provide referrals for infants to receive hearing screening from an article 28 facility or a provider licensed under State Education Law and authorized under such law to perform infant hearing screening.

1. (1) Such referrals shall include a prescription issued by the facility, including a request for results of the screening to be returned to that facility, for infants to receive hearing screening from an article 28 facility or a provider licensed under State Education Law and authorized under such law to provide infant hearing screening.
2. (2) Such facilities shall submit screening results returned to the facility by the outpatient provider as required by the department to determine the effectiveness of referral procedures in ensuring infants are screened for hearing loss.