Section 62 Universal Adult Vaccine Program 6
Said chapter 111 of the General Laws is hereby amended by inserting after section 24N the following section:-
Section 24N 1/2. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Adult", individuals who are at least 19 years of age and younger than 65 years of age.
"Estimated vaccine cost", the estimated cost over the course of a fiscal year for the purchase, storage and distribution of vaccines for all adults in the commonwealth.
"MassHealth", the medical assistance and benefit programs administered by the MassHealth agency pursuant to Title XIX of the Social Security Act (42 U.S.C. § 1396a et seq.), Title XXI of the Social Security Act (42 U.S.C. § 1397aa et seq.), M.G.L. c. 118E, and other applicable laws and waivers to provide and pay for medical services to eligible members.
"Routine adult immunizations", immunizations for adults as defined in this section which shall include but need not be limited to immunizations that protect against respiratory diseases such as SARS-CoV-2, influenza and Respiratory Syncytial Virus (RSV) in addition to other immunizations recommended by the vaccine program advisory council and approved by the commissioner.
"Total non-federal program cost", the estimated annual cost of vaccines needed for routine adult immunizations for adults in the commonwealth less the amount of federal revenue available to the commonwealth for purchase, storage, distribution and administration of the vaccines.
(b) There shall be established in the commonwealth a separate, non-budgeted special revenue fund known as the Adult Vaccine Purchase Fund, which shall be administered by the commissioner of public health or a designee. Amounts credited to the fund shall be expended, without further appropriation, to support a vaccine purchase system for routine adult immunizations as defined in this section.
The fund shall be credited with: (i) all appropriations directed to the fund; (ii) all monies transferred from the executive office of health and human services pursuant to section 66 of chapter 118E; (iii) any voluntary contributions to the fund including, but not limited to, contributions from MassHealth, third-party payers or third-party administrators, as defined in section 1 of chapter 12C; and (iv) any interest earnings on such monies. Amounts credited to the fund shall be expended, without further appropriation, to cover the costs to purchase, store and distribute vaccines for routine adult immunizations and to support a vaccine clinic management platform.
Funds shall be expended solely to cover total non-federal program costs; provided, however, that the amount to be expended for storing and distributing vaccines for routine adult immunizations, if such costs are not covered by federal contributions, and for the costs of supporting a vaccine clinic management platform and programs to promote equitable access to vaccine, shall not exceed 10 per cent of the total amount of the fund expended for the purchase of vaccines needed for routine adult immunizations.
The department may incur expenses, and the comptroller may certify for payment, amounts in anticipation of the most recent estimate of expected receipts, as certified by the secretary of administration and finance; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund.
The commissioner of public health or a designee shall annually report the amount of funds collected and any expenditures made from the fund to the clerks of the house of representatives and senate and to the house and senate committees on ways and means, the house and senate chairs of the joint committee on public health and the house and senate chairs of the joint committee on health care financing.
(c) The vaccine program advisory council established in section 24N shall recommend the vaccines to be included in the program and the commissioner shall calculate the amount needed in the fund each fiscal year for routine adult immunizations by calculating the total non-federal program cost. The council shall make recommendations to the commissioner on whether the commissioner may authorize provider choice of more than 1 comparable brand or type for a routine adult immunization vaccine. In its recommendations, the council shall examine the feasibility, costs and benefits of authorizing provider choice, provide a schedule of the cost of each comparable brand or type of a vaccine recommended for provider choice and demonstrate that the estimated vaccine cost of authorizing provider choice would not be substantially greater than the estimated vaccine cost of purchasing a single brand or type of a vaccine. The commissioner of public health shall determine the final vaccines to be purchased.
(d) To the extent health care providers as defined by section 1 who are otherwise legally authorized to administer vaccines and pharmacies licensed in accordance with section 39 of chapter 112 are otherwise administering vaccines, said health care providers and licensed pharmacies shall accept and shall administer vaccines funded by the Adult Vaccine Purchase Fund. Nothing in this section shall prohibit the department from allowing other providers legally authorized to administer vaccines from requesting to obtain and use vaccines funded by said trust.
(e) The department may adopt rules and regulations as necessary to implement the universal purchase and distribution system under this section and other applicable state and federal laws.
Summary
This section, together with related sections, allows the Department of Public Health to establish and administer an adult vaccine distribution program.