Each hospital with obstetrical services must establish a universal hearing screening program for all newborns prior to discharge, as part of Maryland's Program for Hearing-Impaired Infants. Hospitals must complete the High Risk Questionnaire (HRQ) for Infant Hearing Loss for all live births to be submitted to the Department of Health, and refer at-risk infants for hearing screening before discharge, if possible. Alternative birthing sites must complete and submit the HRQ to the Department. The Program also includes an Advisory Council to advise the Department on screening protocols; a system for gathering and maintaining confidential data; methods to inform parents and primary care providers of screening results; a telephone hot line for information and services; and an educational program for families, professionals, and the public. Managed care organizations and health insurance carriers must provide coverage for screenings and hospitals must provide the results of the screenings to the Department as part of the required birth event information.
Maryland Code of Regulations 10.11.02 (Program for Hearing-Impaired Infants)
The law is not that your baby must be tested, but that hospitals with OB services must provide a hearing screening program. So neither you nor your midwife are breaking the law by not having your newborn screened. The purpose of hearing screening programs are to identify babies who have any level of hearing deficit so that parents can become informed and be prepared for early intervention.
As you can see, the law also includes that insurance must cover it.
If your ped didn't mention it, it's probably because since most babies have it done in the hospital, it's not part of their routine care at the first office visit. They just don't think of it.
Homebirth midwives should be aware of this screening option for parents and let them know how to get it done if they choose to do it. It's a simple, non-invasive test best done while the baby is asleep. It does not need to be done in the first few days or even weeks after birth, you go when and if you want to.
Google brings up audiology centers in the Balto-Annapolis area - it doesn't have to be in a hospital setting, as Lauren previous poster mentioned.