I 111th CONGRESS 1st Session H. R. 2596 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Mr. Gene Green of Texas (for himself and Mr. Tim Murphy of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Health and Human Services to carry out a demonstration program to test the feasibility of using the Nation’s elementary and secondary schools as influenza vaccination centers.

1.

Short title

This Act may be cited as the No Child Left Unimmunized Against Influenza Act of 2009.

2.

Findings

The Congress finds as follows: (1)The influenza is a contagious respiratory illness caused by influenza viruses. The best way to prevent the influenza is by getting a influenza vaccination each year. (2)Every year in the United States, on average, more than 200,000 people are hospitalized from influenza-related complications, and about 36,000 people die from influenza-related causes. (3)The Centers for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices recommends routine influenza vaccination for all children aged 6 months through 18 years with influenza vaccine, effective July 1, 2008. (4)Children 2 to 17 years of age are twice as likely to get influenza as adults, including the elderly. (5)School-aged children are the population group most responsible for transmission of contagious respiratory viruses, including influenza. (6)The elderly and young children are the most vulnerable population to severe illness from influenza due to weaker immune response to vaccination. Experts have recognized that the best way to protect the elderly from influenza may be to vaccinate children. (7)School-based vaccination programs are effective and cost-saving ways to vaccinate children while reducing transmission and infection rates to the larger community and at the same time reducing rates of school absenteeism due to influenza. (8)Increased focus on providing influenza vaccine to children targeted for immunization will also help efforts to build a sound foundation for future vaccination efforts. (9)School-based vaccination programs also potentially represent the most feasible mechanism for community-based pandemic vaccination. (10)Increased participation in annual influenza vaccination programs builds the infrastructure necessary for pandemic vaccination. (11)School-based programs will investigate the feasibility of conducting mass immunization clinics and build partnerships with local public health teams, in the event of a public health emergency.

3.

Demonstration Program using elementary and secondary schools as influenza vaccination centers

(a)

In general

The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Secretary of Labor, shall carry out a multistate demonstration program designed to test the feasibility of using the Nation’s elementary schools and secondary schools as influenza vaccination centers in coordination with school nurses, school health care programs, local health departments, community health care providers, State insurance agencies, and private insurers. (b)

Program description

(1)

Vaccination

(A)

Children covered by other Federal programs

For children who are eligible under other federally funded programs for payment of the costs of purchasing and administering the influenza vaccine, the Secretary shall not use the demonstration program under this section to supplant payment of such costs. (B)

Children covered by private health insurance

For children who have private insurance, the Secretary shall work with the Secretary of Labor, State insurance agencies, and private insurers to ensure that such children have coverage for all reasonable and customary expenses, including the costs of purchasing and administering the vaccine, incurred when influenza vaccine is administered outside of the physician’s office in a school or other related setting. (C)

Other children

To the extent to which payment of the costs of purchasing and administering the influenza vaccine for children is not covered through other federally funded programs or through private insurance, the Secretary may pay such costs through the demonstration program under this section. (2)

ACIP recommendations

The demonstration program shall be designed to administer vaccines consistent with the recommendations of the Advisory Committee on Immunization Practices for the annual vaccination of all children aged 5 years through 19 years. (3)

Locations

(A)

Selection

The Secretary, in consultation with the Secretary of Education, shall select the elementary schools and secondary schools to participate in the demonstration program. (B)

Selection criteria

The schools selected under subparagraph (A) shall include elementary schools and secondary schools— (i)located in at least 10 metropolitan regions in at least 10 States and serving primarily low-income public school student populations; and (ii)located in at least 5 major areas in at least 5 States served by rural school districts. (4)

Voluntary participation

Participation in the demonstration program by a school or an individual shall be voluntary. (5)

Duration

The demonstration program shall be conducted for the 2010–2011 and 2011–2012 influenza seasons. (6)

Choice of vaccine

The demonstration program shall not restrict the discretion of a health care provider to administer any influenza vaccine approved by the Food and Drug Administration for use in pediatric populations. (c)

Report

Not later than 90 days following the completion of the demonstration program under this section, the Secretary shall submit to the Committees on Education and Labor, Energy and Commerce, and Appropriations of the House of Representatives and to the Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate a report on the results of the program. The report shall include— (1)an assessment of the influenza vaccination rates of school-aged children in localities where the demonstration program is implemented, compared to the national average influenza vaccination rates for school-aged children, including whether school-based vaccination assists in achieving the recommendations of the Advisory Committee on Immunization Practices for annual influenza vaccination of all children aged 6 months to 18 years; (2)an assessment of the utility of employing elementary schools and secondary schools as a part of a multi-state, community-based pandemic response program that is consistent with existing Federal and State pandemic response plans; (3)an assessment of the feasibility of using existing Federal and private insurance funding in establishing a multi-state, school-based vaccination program for seasonal influenza vaccination; (4)an assessment of the number of education days gained by students as a result of seasonal vaccinations based on absenteeism rates; (5)a determination of whether the demonstration program under this section— (A)was successful; and (B)was implemented for sufficient time for gathering enough valid data; and (6)a recommendation on whether the demonstration program under this section should be continued, expanded, or terminated. (d)

Definitions

In this section: (1)The terms elementary school and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2)The term low-income means at or below 200 percent of the income level specified in the most recent applicable version of the Department of Health and Human Services Poverty Guidelines per person in a family unit. (3)Except as otherwise specified, the term Secretary means the Secretary of Health and Human Services. (e)

Authorization of appropriations

To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2010 through 2012.