S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7248

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ,  GALEF, GRAF, GUNTHER,
  JACOBS, PAULIN, ROSENTHAL, TITONE, AUBRY, BENEDETTO,  BRONSON,  CLARK,
  COLTON,   GABRYSZAK,  JAFFEE,  V. LOPEZ,  MAISEL,  McDONALD,  MILLMAN,
  MONTESANO, MOSLEY, RIVERA, SKOUFIS, WEISENBERG --  Multi-Sponsored  by
  --  M.  of  A.  COOK, DUPREY, FAHY, HEASTIE, RAIA, SCHIMEL, SEPULVEDA,
  SWEENEY -- 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.
  S 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.
                                                           LBD10318-01-3
              

A. 7248                             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;
  S 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.
  S 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;
  S 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. 7248                             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.
  S 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;
  S  7.  This act shall take effect on the first day of January after it
shall have become a law and shall apply to any  contract  entered  into,
delivered, amended or modified on or after the date it takes effect.