SENATE BILL 366

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO HEALTH; AMENDING A SECTION OF THE VACCINE PURCHASING ACT TO REQUIRE THE DEPARTMENT OF HEALTH TO SEEK TO MAXIMIZE ANY DISCOUNTS OR OTHER EFFICIENCIES IN PROCURING VACCINES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-5A-5 NMSA 1978 (being Laws 2015, Chapter 5, Section 5) is amended to read:

     "24-5A-5. AUTHORIZED USES OF THE VACCINE PURCHASING FUND.--

          A. The fund shall be used for the purchase, storage and distribution of vaccines, as recommended by the advisory committee on immunization practices, for insured children who are not eligible for the vaccines for children program.

          B. The department shall credit any balance remaining in the fund at the end of the fiscal year toward the department's purchase of vaccines the following year; provided that the department maintains a reserve of ten percent of the amount estimated to be expended in the following year.

          C. The department shall seek to maximize any discounts or other efficiencies available to it in procuring vaccines.

          [C.] D. The fund shall not be used:

                (1) for the purchase, storage and distribution of vaccines for children who are eligible for the vaccines for children program; or

                (2) for administrative expenses associated with the statewide vaccine purchasing program [or

                (3) to pass through a federally negotiated discount pursuant to 42 U.S.C. 1396s]."

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