II 111th CONGRESS 1st Session S. 953 IN THE SENATE OF THE UNITED STATES May 1, 2009 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines.

1.

Short title

This Act may be cited as the Seasonal Influenza and Pandemic Preparation Act of 2009.

2.

Free influenza vaccine program

(a)

Establishment

The Secretary shall establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. (b)

Participating entities

(1)

Reimbursement

An entity described in subsection (a) that elects to provide vaccines to individuals through the program shall be reimbursed for the costs of administering such vaccines by the Secretary at the rate determined by the Secretary for such vaccine for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or at such higher rate, including cost-based reimbursement, as determined appropriate by the Secretary. Such reimbursement may include the costs of practice expenses or other costs associated with the administration of the influenza vaccine. (2)

Limitation on charges

An entity participating in the program shall not charge a co-payment or apply any other cost-sharing requirements associated with the administration of influenza vaccines, including any co-payment or other cost-sharing for the visit associated with the administration of such vaccine. (3)

Voluntary participation

Participation by an entity in the program shall be voluntary. (c)

Public-private partnerships

(1)

Grants

The Secretary shall award grants to State and local health departments, public hospitals, federally qualified health centers, and other entities to facilitate the establishment of influenza vaccination programs in partnership with private entities, including retail outlets, pharmacies, faith-based organizations, private employers, and others as determined appropriate by the Secretary. (2)

Limitation on charges

Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (3)

Reimbursement

An entity participating in a program under a grant under this subsection may request reimbursement from the Secretary under the program under subsection (a) in addition to the amounts received under the grant. (4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection, $500,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. (d)

School partnerships

(1)

Grants to public entities

(A)

In general

The Secretary shall award grants to local health departments, public hospitals, federally qualified health centers, and other entities to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions (including private institutions and Head Start programs). (B)

Limitation on charges

Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (2)

Grants to schools

The Secretary shall award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program. (3)

Limitation on charges

Any influenza vaccination provided to an individual under this subsection shall be at no cost to the individual. (4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection, $150,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. (e)

Immunization plans

The Secretary, under the programs under titles XVIII, XIX, and XXI of the Social Security Act, shall develop an immunization plan with immunization target numbers for the respective populations served under the program under each such title. The Secretary shall provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans.

3.

Public outreach

(a)

In general

The Director of the Centers for Disease Control and Prevention shall establish and implement a national public affairs campaign, to be carried out through radio, television, print, and other media and methods determined appropriate by the Secretary, to increase influenza immunization rates. (b)

Authorization of appropriations

There are authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter.

4.

Definitions

In this Act: (1)

Program

The term program means the national voluntary influenza vaccination program established under section 2(a). (2)

Secretary

The term Secretary means the Secretary of Health and Human Services.