MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Human Services; Appropriations
By: Representative Read
AN ACT TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ESTABLISH AND IMPLEMENT A PROVIDER CHOICE SYSTEM FOR THE CHILD VACCINATION PROGRAM IN CONJUNCTION WITH THE PROVISIONS OF THE MISSISSIPPI CHILD IMMUNIZATION ACT OF 1994; TO REQUIRE THE DEPARTMENT TO ENSURE THAT ELIGIBLE PARTICIPATING HEALTHCARE PROVIDERS SELECT LICENSED VACCINES; TO STIPULATE THE COST TO THE DEPARTMENT AT WHICH VACCINES MAY BE PURCHASED TO BE PROVIDED UNDER THE PROGRAM; TO REQUIRE THE DEPARTMENT TO COMPLETE IMPLEMENTATION OF THE SYSTEM NOT LATER THAN JULY 1, 2014; TO BRING FORWARD SECTION 41-88-3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Department of Health, in conjunction with the Mississippi Child Immunization Act of 1994, shall establish and implement a provider choice system for the child vaccination program operated by the department under the authority of 42 USCS Section 1396s.
(2) The department shall ensure that eligible health care providers participating in the vaccines for children program, including local health departments, federally qualified health centers, rural health clinics, or any other program that supplements the vaccine for children program using state funds, may select any licensed vaccine, including combination vaccines and any dosage forms that:
(a) Are recommended by the federal Advisory Committee on Immunization Practices; and
(b) Are made available to the department by the Centers for Disease Control and Prevention of the United States Public Health Service.
(3) For the purposes of this section, "Equivalent vaccines" means two (2) or more vaccines that meet all of the following:
(a) Protect a recipient of a vaccine against the same infection or infections;
(b) Require the same number of doses;
(c) Have similar safety and efficacy profiles; and
(d) Are recommended for comparable populations by the Centers for Disease Control and Prevention of the United States Public Health Service.
(4) The department shall provide a vaccine selected by a health care provider under this subsection only if the cost to the department of providing the vaccine is not more than one hundred fifteen percent (115%) of the lowest-priced equivalent vaccine.
(5) The department shall allow for vaccine product selection at all regular ordering and reordering intervals throughout the calendar year.
(6) This section does not apply in the event of a disaster or public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency.
SECTION 2. The State Department of Health shall implement all or part of the provider choice system as soon as it is determined to be feasible; however, the department shall complete implementation of the system not later than July 1, 2014.
SECTION 3. Section 41-88-3, Mississippi Code of 1972, is brought forward as follows:
41-88-3. (1) The State Department of Health is responsible for assuring that all children in the state are appropriately immunized against vaccine-preventable diseases. In order to improve the state's immunization levels in children, the State Department of Health shall enhance current immunization activities and focus on children receiving all recommended immunizations by twenty-four (24) months of age. The immunizations shall be administered according to the recommendations of the national Advisory Committee on Immunization Practices (ACIP). The administration of vaccine shall not be delayed due to a reluctance of the health care provider to administer multiple immunizations in a visit. The department shall improve parent compliance and provide more timely scheduling, recall and follow-up in order to achieve national and state immunization level goals.
(2) The State Department of Health shall establish a statewide childhood immunization registry to which all health care providers will report the administration of childhood immunizations. The State Board of Health will promulgate rules and regulations needed to implement this section. The department shall make information regarding the immunization status of children in the registry available to the parents/guardians of the child, health care providers and individuals or organizations that are required to report on the immunizations status of children in their care.
SECTION 4. This act shall take effect and be in force from and after July 1, 2012.