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CSSB 144(FIN): "An Act temporarily reinstating the child and adult immunization program in the Department of Health and Social Services; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 144(FIN)                                                                   
01 "An Act temporarily reinstating the child and adult immunization program in the                                         
02 Department of Health and Social Services; and providing for an effective date."                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       CHILD AND ADULT IMMUNIZATION PROGRAM; LEGISLATIVE INTENT                                                          
07 AND PURPOSE. (a) The legislature intends, by establishing the child and adult immunization                              
08 program in sec. 2 of this Act, to reinstate the program as it existed in the state and as                               
09 administered by the Department of Health and Social Services in 2009 by providing                                       
10 additional state funding and authorization to fill the gap left by a reduction in federal funding                       
11 since that time and that resulted in a "universal select" program that fails to provide children                        
12 and adults who reside in the state with recommended immunizations. The purpose of this Act                              
13 is to ensure that select recommended vaccines are made available to underinsured children                               
14 and uninsured and underinsured adults by the state.                                                                     
01       (b)  The program established by this Act is made temporary only to better assess the                              
02 need and costs to the state of extending the full reach of the former immunization program. A                           
03 failure to extend the temporary reinstatement of the immunization program by future                                     
04 legislatures is not intended to implicitly deauthorize a state immunization program.                                    
05       (c)  The Department of Health and Social Services may reinstitute former                                          
06 immunization policies and procedures consistent with this Act.                                                          
07    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       CHILD AND ADULT IMMUNIZATION PROGRAM ESTABLISHED;                                                                 
10 CONDITIONS. (a) A child and adult immunization program is established in the Department                             
11 of Health and Social Services to distribute recommended vaccines to eligible providers under                            
12 the conditions established in this section.                                                                             
13       (b)  The department shall                                                                                         
14            (1)  determine provider and recipient eligibility as provided under this section;                            
15            (2)  adopt regulations necessary to carry out the program;                                                   
16            (3)  apply for available federal, state, and private funding needed to support the                           
17 program;                                                                                                                
18            (4)  maintain an enrollment, renewal, and eligibility verification procedure                                 
19 consistent with federal and state law.                                                                                  
20       (c)  A provider of vaccinations under the program shall                                                           
21            (1)  be licensed or exempt from licensure in the state to prescribe and                                      
22 administer vaccines;                                                                                                    
23            (2)  serve residents of the state;                                                                           
24            (3)  maintain accurate records of                                                                            
25                 (A)  screening and eligibility of recipients;                                                           
26                 (B)  storage and distribution of vaccines;                                                              
27            (4)  within 10 days, notify the department of a change in staffing, procedure, or                            
28 location to maintain eligibility in the program.                                                                        
29       (d)  Notwithstanding (c) of this section, a provider of vaccinations under the program                            
30 may be a federally designated rural health clinic.                                                                      
31       (e)  A person is eligible to receive from an eligible provider under the program all                              
01 recommended vaccines for the person's age group as provided in (f) of this section if the                               
02 person is a resident of the state and is uninsured or underinsured for vaccinations.                                    
03       (f)  The recommended vaccines included in the program                                                             
04            (1)  for a child under 19 years of age are all vaccines required for school                                  
05 attendance under AS 14.30.125 and meningococcal, rotavirus, and human papillomavirus                                    
06 vaccines;                                                                                                               
07            (2)  for an adult 19 years of age or older are influenza, pneumococcal, Tdap,                                
08 and zoster.                                                                                                             
09       (g)  In addition to the vaccines listed in (f) of this section, the commissioner may                              
10            (1)  add vaccines for inclusion in the program based on recommendations by                                   
11 the federal advisory committee on immunization practices and the availability of funding;                               
12            (2)  subtract vaccines from inclusion in the program if the disease for which                                
13 the vaccine is provided has been declared eradicated in the United States by the Centers for                            
14 Disease Control and Prevention, United States Department of Health and Human Services.                                  
15       (h)  In this section,                                                                                             
16            (1)  "commissioner" means the commissioner of health and social services;                                    
17            (2)  "department" means the Department of Health and Social Services;                                        
18            (3)  "program" means the child and adult immunization program established                                    
19 under (a) of this section;                                                                                              
20            (4)  "underinsured" means a person who has health insurance, but the coverage                                
21 excludes all or select vaccines or that includes a limit on vaccinations;                                               
22            (5)  "uninsured" means a person who is not covered by a public or private                                    
23 health insurance policy.                                                                                                
24    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26       CHILD AND ADULT IMMUNIZATION PROGRAM; TRANSITION:                                                                 
27 REGULATIONS. The Department of Health and Social Services may adopt regulations                                         
28 necessary to implement the changes made by this Act. The regulations take effect under                                  
29 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                                   
30 implemented by the regulations.                                                                                         
31    * Sec. 4. This Act is repealed June 30, 2015.                                                                      
01    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).