[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2691 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2691

To amend title XIX of the Social Security Act to ensure adequate access 
 to vaccines under the Medicaid program and the Vaccines for Children 
                    program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 10, 2021

 Mr. Reed (for himself and Mrs. Capito) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to ensure adequate access 
 to vaccines under the Medicaid program and the Vaccines for Children 
                    program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening the Vaccines for 
Children Program Act of 2021''.

SEC. 2. ENSURING ADEQUATE ACCESS TO VACCINES UNDER THE MEDICAID PROGRAM 
              AND THE VACCINES FOR CHILDREN PROGRAM.

    (a) Expansion of Definition of Federally Vaccine-Eligible Child.--
Paragraph (2) of section 1928(b) of the Social Security Act (42 U.S.C. 
1396s(b)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (iii), by striking ``A child who'' 
                and all that follows through the period at the end and 
                inserting ``A child who is administered a qualified 
                pediatric vaccine and is not insured with respect to 
                such vaccine.''; and
                    (B) by adding at the end the following new clause:
                            ``(v) A child who is enrolled for child 
                        health assistance under a State child health 
                        plan approved under title XXI.''; and
            (2) in subparagraph (B)(ii)(II), by striking ``for purposes 
        of subparagraph (A)(iii)(II)'' and inserting ``for purposes of 
        subparagraph (A)(iii)''.
    (b) Coverage of Vaccine Counseling and Educational Services Under 
Medicaid.--
            (1) In general.--Section 1905(a) of the Social Security Act 
        (42 U.S.C. 1396d) is amended--
                    (A) in paragraph (30), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (31) as paragraph 
                (32); and
                    (C) by inserting after paragraph (30) the following 
                new paragraph:
            ``(31) vaccine counseling and educational services 
        furnished to children under the age of 19 on or after the date 
        of the enactment of this paragraph, including any such services 
        furnished as part of a multiple component vaccine (identified 
        as of July 1, 2021, by CPT code 90461) and including any such 
        services furnished under the program established by the State 
        pursuant to section 1928 to a vaccine-eligible child (as 
        defined in subsection (b) of such section); and''.
            (2) Mandatory benefit.--Section 1902(a)(10)(A) of the 
        Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended by 
        striking ``and (30)'' and inserting ``(30), and (31)''.
    (c) Clarification of Coverage of Pediatric Vaccines and Vaccine 
Counseling and Educational Services Under the Vaccines for Children 
Program.--Section 1928(c)(2)(C)(ii) of the Social Security Act (42 
U.S.C. 1396s(c)(2)(C)(ii)) is amended to read as follows:
                    ``(ii) The provider may impose--
                            ``(I) in the case of a qualified pediatric 
                        vaccine not described in subclause (II), a fee 
                        for the administration of and counseling for 
                        such vaccine so long as the fee in the case of 
                        a federally vaccine-eligible child does not 
                        exceed the costs of such administration and 
                        counseling (as determined by the Secretary 
                        based on actual regional costs for such 
                        administration and counseling); and
                            ``(II) in the case of a qualified pediatric 
                        vaccine that is a multiple component vaccine, a 
                        separate charge for the administration of and 
                        counseling for each component of such vaccine 
                        so long as the charge in the case of a 
                        federally vaccine-eligible child does not 
                        exceed--
                                    ``(aa) with respect to the first 
                                component of such vaccine, the costs of 
                                such administration and counseling for 
                                such component (as determined by the 
                                Secretary based on actual regional 
                                costs for such administration and 
                                counseling for such first component); 
                                and
                                    ``(bb) with respect to a subsequent 
                                component of such vaccine, the payment 
                                rate that applies to such 
                                administration and counseling for such 
                                component and provider under part B of 
                                title XVIII.''.
    (d) Minimum Payment Requirement for Vaccine Administration 
Services.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 
1396a(a)(13)) is amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the semicolon at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) for payment for vaccine administration, 
                counseling and educational services provided on or 
                after the date of the enactment of this subparagraph, 
                with regard to vaccine administration and counseling 
                services furnished by a provider for each additional 
                component of a vaccine after the first component, at a 
                rate that is at least 80 percent of the payment rate 
                that applies to such services and provider for the 
                first or only component of a vaccine under the State 
                plan at the time of service;''.
    (e) Increase in Federal Medical Assistance Percentage.--
            (1) In general.--Subject to paragraph (2), for each 
        calendar quarter occurring during the period beginning on 
        January 1, 2022, and ending on December 31, 2023, the Federal 
        medical assistance percentage determined for each State, 
        including the District of Columbia, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, Puerto Rico, and 
        the United States Virgin Islands, under section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)), after application of 
        section 6008 of the Families First Coronavirus Response Act 
        (Public Law 116-127) (if applicable), shall be increased by 1 
        percentage point.
            (2) Requirements.--
                    (A) In general.--A State described in paragraph (1) 
                may not receive the increase described in such 
                paragraph in the Federal medical assistance percentage 
                for such State, with respect to a quarter, if, 
                throughout such quarter, such State does not ensure 
                culturally competent and effective messages for 
                vaccination outreach to child populations, which may 
                include the dissemination of information highlighting--
                            (i) advancements in research and vaccine 
                        development that have saved millions of 
                        individuals from death and disability from now-
                        preventable diseases;
                            (ii) information on how individuals across 
                        the lifespan benefit from immunizations, 
                        including those who cannot be vaccinated and 
                        rely on community immunity;
                            (iii) information on the dangers of not 
                        being vaccinated, including the potential for 
                        infectious disease outbreaks within 
                        communities; and
                            (iv) information on vaccine safety and the 
                        systems in place to monitor vaccine safety.
                    (B) Requirement for certain states.--Section 
                1905(cc) of the Social Security Act (42 U.S.C. 
                1396d(cc)) is amended--
                            (i) by striking ``and section 6008'' and 
                        inserting ``, section 6008'';
                            (ii) inserting ``, and section 2(e) of the 
                        Strengthening the Vaccines for Children Program 
                        Act of 2021'' before ``, except that in 
                        applying''; and
                            (iii) by inserting ``, and in applying such 
                        treatments to the increases in the Federal 
                        medical assistance percentage under section 
                        2(e) of the Strengthening the Vaccines for 
                        Children Program Act of 2021, the reference to 
                        `December 31, 2009' shall be deemed to be a 
                        reference to `December 31, 2021''' before the 
                        period at the end.
    (f) Tribal Epidemiology Center Data Access.--With respect to data 
access for tribal epidemiology centers established under section 214 of 
the Indian Health Care Improvement Act (25 U.S.C. 1621m), the Director 
of the Centers for Disease Control and Prevention may create a data 
sharing strategy that ensures such centers have access to data, data 
sets, monitoring systems, delivery systems, and other protected health 
information with respect to health care and public health surveillance 
systems of child and adolescent health necessary to accomplish such 
centers' public health authority responsibilities described in such 
section or section 164.501 of title 45, Code of Federal Regulations.
    (g) Reports.--
            (1) In general.--For each of fiscal years 2022 and 2023, 
        the Director of the Centers for Disease Control and Prevention, 
        in coordination with each State that has established a 
        pediatric vaccine distribution program under section 1928 of 
        the Social Security Act (42 U.S.C. 1396s), shall publish on the 
        public internet website of the Centers for Disease Control and 
        Prevention, in such manner as determined appropriate by the 
        Director, information on vaccination rates under each such 
        program during such year, including such rates disaggregated by 
        region, age, sex, race, ethnicity, and other demographic 
        factors determined appropriate by the Director.
            (2) Effects on vaccination rates and program 
        participation.--Not later than 2 years after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to Congress a report containing an analysis 
        of the effects of the provisions of, and the amendments made 
        by, this Act on--
                    (A) vaccination rates under the pediatric vaccine 
                distribution program under section 1928 of the Social 
                Security Act (42 U.S.C. 1396s); and
                    (B) provider participation in such program.
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