Chapter 294

2006 -- H 7414 SUBSTITUTE A

Enacted 07/03/06

A N A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

Introduced By: Representatives Costantino, Naughton, Slater, O`Neill, and Church

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-1-44, 23-1-45 and 23-1-46 of the General Laws in Chapter 23-1

entitled "Department of Health" are hereby amended to read as follows:

23-1-44. Routine childhood immunization vaccines. – Routine childhood and adult

immunization vaccines. -- The department of health shall include in the department's

immunization program those vaccines for routine childhood immunization as recommended by

the advisory committee for immunization practices (ACIP) and the academy of pediatrics (AAP),

and for adult influenza immunization as recommended by the advisory committee for

immunization practices (ACIP), to the extent permitted by available funds.

23-1-45. Infant-child immunization account. – Immunization account. -- There is

created within the general fund a restricted receipt account to be known as the "infant-child

"immunization account". All money in the account shall be utilized by the department of health to

effectuate the provisions of section 23-1-44. All money received pursuant to sections 23-1-46 and

23-1-47 shall be deposited in the infant-child immunization account. Funding dedicated

exclusively to effectuate the provisions of section 23-1-44 and received by the department of

health from sources other than those identified in sections 23-1-46 and 23-1-47 may also be

deposited in the immunization account. The general treasurer is authorized and directed to draw

his or her orders on the account upon receipt of properly authenticated vouchers from the

department of health.

23-1-46. Insurers. -- (a) Beginning in the fiscal year 2002 2007, each insurer licensed or

regulated pursuant to the provisions of chapters 18, 19, 20, and 41 of title 27 shall be assessed a

child immunization assessment and an adult immunization assessment for the purposes set forth

in this section. The department of health shall make available to each insurer, upon its request,

information regarding the department of health's child immunization programs and the costs

related to the program. Further, the department of health shall submit to the general assembly an

annual report on the child immunization programs and cost related to the programs, on or before

February 1 of each year. Annual assessments shall be based on direct premiums written in the

year prior to the assessment and for the child immunization program shall not include any

Medicare Supplement Policy (as defined in section 27-18-2.1(g)), Medicaid or Medicare

premiums. Adult influenza immunization program annual assessments shall include contributions

related to the program costs from Medicare, Medicaid and Medicare Managed Care. As to

accident and sickness insurance, the direct premium written shall include, but is not limited to,

group, blanket, and individual policies. Those insurers assessed greater than ten thousand dollars

($10,000) for the year shall be assessed four (4) quarterly payments of twenty-five percent (25%)

of their total assessment. Beginning July 1, 2001, the annual rate of assessment shall be

determined by the Director of Health in concurrence with the Primary Payors, those being

insurers assessed at greater than ten thousand dollars ($10,000) for the previous year. This rate

shall be calculated by the projected costs for advisory committee on immunization practices

(ACIP) recommended and state mandated vaccines after the federal share has been determined by

the centers for disease control and prevention. The primary payors shall be informed of any

recommended change in rates at least six (6) months in advance, and rates shall be adjusted no

more frequently than one time annually. The director of the department of health shall deposit

that these amounts in the "infant-child immunization account". The These assessments shall be

used solely for the purposes of the "infant-child immunization account programs" and no other.

The director of the department of health shall deposit that these amounts in the "infant-child

immunization account".

      (b) Any funds collected in excess of funds needed to carry-out ACIP recommendations

shall be deducted from the subsequent year's assessments.

     SECTION 2. This act shall take effect upon passage.

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LC01477/SUB A

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