To amend title XIX of the Social Security Act to expand the pediatric vaccine distribution program to include coverage for children administered a vaccine at a public health clinic or Indian clinic, and for other purposes.

April 1, 2004

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

To amend title XIX of the Social Security Act to expand the pediatric vaccine distribution program to include coverage for children administered a vaccine at a public health clinic or Indian clinic, 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 `Children's Vaccine Access Act of 2004'.

SEC. 2. EXPANSION OF DEFINITION OF FEDERALLY VACCINE-ELIGIBLE CHILD.

(a) IN GENERAL- Section 1928(b)(2)(A)(iii)(I) of the Social Security Act (42 U.S.C. 1396s(b)(2)(A)(iii)(I)) is amended by striking `or a rural health clinic (as defined in section 1905(l)(1))' and inserting `, a rural health clinic (as defined in section 1905(l)(1)), or a State or local public health clinic'.

(b) CONFORMING AMENDMENT- Section 1928(h)(3) of the Social Security Act (42 U.S.C. 1396s(h)(3)) is amended by striking `and `tribal organization' and inserting `, `tribal organization', and `urban Indian organization'.

SEC. 3. REPEAL OF PRICE CAP FOR PRE-1993 VACCINES.

(a) IN GENERAL- Section 1928(d)(3)(B) of the Social Security Act (42 U.S.C. 1396s(d)(3)(B)) is repealed.

(b) CONFORMING AMENDMENT- Section 1928(d)(3) of such Act (42 U.S.C. 1396s(d)(3)) is amended by striking subparagraph (C) and inserting the following:

`(B) NEGOTIATION OF DISCOUNTED PRICE- With respect to contracts entered into for a pediatric vaccine described in this section, the price for the purchase of such vaccine shall be a discounted price negotiated by the Secretary.'.

SEC. 4. SIMPLIFIED ADMINISTRATION OF VACCINE SUPPLY.

Section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)) is amended by inserting after the second sentence the following: `The Secretary may sell such quantities of vaccines from such supply to public health departments or back to the vaccine manufacturer as the Secretary determines appropriate. Proceeds received from such sales shall be available to the Secretary only for the purpose of procuring pediatric vaccines stockpiles under this section and shall remain available until expended.'.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act take effect on October 1, 2004.

END