S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    227
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, GALEF, GUNTHER, PAULIN,
   L. ROSENTHAL, AUBRY, BENEDETTO, BRONSON, COLTON, MONTESANO, J. RIVERA,
   OTIS, QUART, SAYEGH, DeSTEFANO --  Multi-Sponsored  by  --  M.  of  A.
   CARROLL,  COOK,  FAHY,  JONES,  McDONOUGH, RICHARDSON -- read once and
   referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to  insurance  reimburse-
   ment for vaccination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Clause  (iii)  of  subparagraph  (B)  of  paragraph  17  of
 subsection (i) of section 3216 of the insurance law, as amended by chap-
 ter 219 of the laws of 2011, is amended to read as follows:
   (iii)  necessary immunizations, as determined by the superintendent in
 consultation with the commissioner of health,  consisting  of  at  least
 adequate  dosages  of  vaccine  against  diphtheria, pertussis, tetanus,
 polio, measles, rubella, mumps, haemophilus influenzae type b and  hepa-
 titis  b,  which meet the standards approved by the United States public
 health service for such biological products, INCLUDING REIMBURSEMENT  TO
 THE  HEALTH  CARE  PROVIDER  FOR  THE  ACQUISITION COSTS OF THE VACCINE,
 ACCORDING TO THE CURRENT OR MOST RECENTLY REPORTED UNITED STATES CENTERS
 FOR DISEASE CONTROL AND PREVENTION PRIVATE SECTOR COST PLUS A MINIMUM OF
 TWENTY-ONE PERCENT FOR SHIPPING, HANDLING AND  STORAGE  COSTS,  AND  THE
 TOTAL  COST  OF  ADMINISTRATION  OF  THE  VACCINE, INCLUDING THE COST OF
 SUPPLIES, DATA  ENTRY,  VACCINE  COUNSELING,  INVENTORY  MANAGEMENT  AND
 ROUTINE NURSING ACTIVITIES BASED ON THE CURRENT YEAR'S MEDICARE RATES AS
 PUBLISHED  BY  THE  UNITED  STATES  CENTERS  FOR  MEDICARE  AND MEDICAID
 SERVICES.
   § 2. Clause (ii) of subparagraph (E) of paragraph 17 of subsection (i)
 of section 3216 of the insurance law, as amended by chapter 219  of  the
 laws of 2011, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00101-01-1

 A. 227                              2
 
   (ii) immunizations that have in effect a recommendation from the advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention with respect to the individual involved,  INCLUD-
 ING  REIMBURSEMENT TO THE HEALTH CARE PROVIDER FOR THE ACQUISITION COSTS
 OF  THE  VACCINE,  ACCORDING  TO  THE  CURRENT OR MOST RECENTLY REPORTED
 UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION PRIVATE  SECTOR
 COST  PLUS  A  MINIMUM  OF TWENTY-ONE PERCENT FOR SHIPPING, HANDLING AND
 STORAGE COSTS, AND THE TOTAL COST  OF  ADMINISTRATION  OF  THE  VACCINE,
 INCLUDING THE COST OF SUPPLIES, DATA ENTRY, VACCINE COUNSELING, INVENTO-
 RY MANAGEMENT AND ROUTINE NURSING ACTIVITIES BASED ON THE CURRENT YEAR'S
 MEDICARE  RATES  AS  PUBLISHED BY THE UNITED STATES CENTERS FOR MEDICARE
 AND MEDICAID SERVICES;
   § 3. Clause (iii) of subparagraph (B) of paragraph 8 of subsection (l)
 of section 3221 of the insurance law, as amended by chapter 219  of  the
 laws of 2011, is amended to read as follows:
   (iii)  necessary immunizations, as determined by the superintendent in
 consultation with the commissioner of health,  consisting  of  at  least
 adequate  dosages  of  vaccine  against  diphtheria, pertussis, tetanus,
 polio, measles, rubella, mumps, haemophilus influenzae type b and  hepa-
 titis  b,  which meet the standards approved by the United States public
 health service for such biological products, INCLUDING REIMBURSEMENT  TO
 THE  HEALTH  CARE  PROVIDER  FOR  THE  ACQUISITION COSTS OF THE VACCINE,
 ACCORDING TO THE CURRENT OR MOST RECENTLY REPORTED UNITED STATES CENTERS
 FOR DISEASE CONTROL AND PREVENTION PRIVATE SECTOR COST PLUS A MINIMUM OF
 TWENTY-ONE PERCENT FOR SHIPPING, HANDLING AND  STORAGE  COSTS,  AND  THE
 TOTAL  COST  OF  ADMINISTRATION  OF  THE  VACCINE, INCLUDING THE COST OF
 SUPPLIES, DATA  ENTRY,  VACCINE  COUNSELING,  INVENTORY  MANAGEMENT  AND
 ROUTINE NURSING ACTIVITIES BASED ON THE CURRENT YEAR'S MEDICARE RATES AS
 PUBLISHED  BY  THE  UNITED  STATES  CENTERS  FOR  MEDICARE  AND MEDICAID
 SERVICES.
   § 4. Clause (ii) of subparagraph (E) of paragraph 8 of subdivision (l)
 of section 3221 of the insurance law, as amended by chapter 219  of  the
 laws of 2011, is amended to read as follows:
   (ii) immunizations that have in effect a recommendation from the advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention with respect to the individual involved,  INCLUD-
 ING  REIMBURSEMENT TO THE HEALTH CARE PROVIDER FOR THE ACQUISITION COSTS
 OF THE VACCINE, ACCORDING TO  THE  CURRENT  OR  MOST  RECENTLY  REPORTED
 UNITED  STATES CENTERS FOR DISEASE CONTROL AND PREVENTION PRIVATE SECTOR
 COST PLUS A MINIMUM OF TWENTY-ONE PERCENT  FOR  SHIPPING,  HANDLING  AND
 STORAGE  COSTS,  AND  THE  TOTAL  COST OF ADMINISTRATION OF THE VACCINE,
 INCLUDING THE COST OF SUPPLIES, DATA ENTRY, VACCINE COUNSELING, INVENTO-
 RY MANAGEMENT AND ROUTINE NURSING ACTIVITIES BASED ON THE CURRENT YEAR'S
 MEDICARE RATES AS PUBLISHED BY THE UNITED STATES  CENTERS  FOR  MEDICARE
 AND MEDICAID SERVICES;
   § 5. Subparagraph (C) of paragraph 2 of subsection (j) of section 4303
 of  the insurance law, as amended by chapter 219 of the laws of 2011, is
 amended to read as follows:
   (C) necessary immunizations, as determined by  the  superintendent  in
 consultation  with  the  commissioner  of health, consisting of at least
 adequate dosages of  vaccine  against  diphtheria,  pertussis,  tetanus,
 polio,  measles, rubella, mumps, haemophilus influenzae type b and hepa-
 titis b, which meet the standards approved by the United  States  public
 health  service for such biological products, INCLUDING REIMBURSEMENT TO
 THE HEALTH CARE PROVIDER FOR  THE  ACQUISITION  COSTS  OF  THE  VACCINE,
 ACCORDING TO THE CURRENT OR MOST RECENTLY REPORTED UNITED STATES CENTERS

 A. 227                              3
 
 FOR DISEASE CONTROL AND PREVENTION PRIVATE SECTOR COST PLUS A MINIMUM OF
 TWENTY-ONE  PERCENT  FOR  SHIPPING,  HANDLING AND STORAGE COSTS, AND THE
 TOTAL COST OF ADMINISTRATION OF  THE  VACCINE,  INCLUDING  THE  COST  OF
 SUPPLIES,  DATA  ENTRY,  VACCINE  COUNSELING,  INVENTORY  MANAGEMENT AND
 ROUTINE NURSING ACTIVITIES BASED ON THE CURRENT YEAR'S MEDICARE RATES AS
 PUBLISHED BY  THE  UNITED  STATES  CENTERS  FOR  MEDICARE  AND  MEDICAID
 SERVICES.
   § 6. Subparagraph (B) of paragraph 3 of subsection (j) of section 4303
 of  the  insurance  law, as added by chapter 219 of the laws of 2011, is
 amended to read as follows:
   (B) immunizations that have in effect a recommendation from the  advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention with respect to the individual involved,  INCLUD-
 ING  REIMBURSEMENT TO THE HEALTH CARE PROVIDER FOR THE ACQUISITION COSTS
 OF THE VACCINE, ACCORDING TO  THE  CURRENT  OR  MOST  RECENTLY  REPORTED
 UNITED  STATES CENTERS FOR DISEASE CONTROL AND PREVENTION PRIVATE SECTOR
 COST PLUS A MINIMUM OF TWENTY-ONE PERCENT  FOR  SHIPPING,  HANDLING  AND
 STORAGE  COSTS,  AND  THE  TOTAL  COST OF ADMINISTRATION OF THE VACCINE,
 INCLUDING THE COST OF SUPPLIES, DATA ENTRY, VACCINE COUNSELING, INVENTO-
 RY MANAGEMENT AND ROUTINE NURSING ACTIVITIES BASED ON THE CURRENT YEAR'S
 MEDICARE RATES AS PUBLISHED BY THE UNITED STATES  CENTERS  FOR  MEDICARE
 AND MEDICAID SERVICES;
   § 7. This act shall take effect on the first of January after it shall
 have  become  a law and shall apply to any contract entered into, deliv-
 ered, amended or modified on or after the date it takes effect.