Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2384 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3131 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2384
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to provider choice.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3131 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2384
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 2384) of
19	19	Mark J. Cusack relative to the Vaccine Program Advisory Council. Public Health.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to provider choice.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 24N of Chapter 111 of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by striking out paragraph (c) in its entirety and inserting in
30	30	3place thereof the following paragraph:-
31	31	4 (c) There shall be a vaccine program advisory council consisting of the commissioner of
32	32	5public health or a designee, who shall serve as chair; the medical director of the universal
33	33	6immunization program of the department of public health established under section 24I; the
34	34	7executive director for the center for health information and analysis or a designee; the executive
35	35	8director of the commonwealth health insurance connector authority or a designee; 1 person to be
36	36	9appointed by the director of Medicaid, who shall be a representative of managed care
37	37	10organizations contracting with MassHealth; 3 persons to be appointed by the commissioner of
38	38	11insurance, each of whom shall be a representative of 1 of the 3 health insurance companies
39	39	12having the most insured lives in the commonwealth; and 7 persons to be appointed by the
40	40	13commissioner of public health, 1 of whom shall be a representative of an employer that self- 2 of 4
41	41	14insures for health coverage who shall be appointed from lists of nominees submitted by statewide
42	42	15associations of employers, 1 of whom shall be a member of the Massachusetts Medical Society,
43	43	161 of whom shall be a member of the Massachusetts chapter of the American Academy of
44	44	17Pediatrics, 1 of whom shall be a member of the Massachusetts Academy of Family Physicians,
45	45	18and 3 of whom shall be physicians licensed to practice in the commonwealth and who shall have
46	46	19expertise in the area of childhood vaccines. The council shall recommend the amount of funding
47	47	20needed each fiscal year by calculating the total non-federal program cost.
48	48	21 SECTION 2. Section 24N of Chapter 111 of the General Laws, as so appearing, is hereby
49	49	22amended by striking out paragraph (d) in its entirety and inserting in place thereof the following
50	50	23paragraph:-
51	51	24 (d) Under regulations adopted by the commissioner of public health, each surcharge
52	52	25payor in the commonwealth shall pay to the commissioner of public health, for deposit in the
53	53	26Vaccine Purchase Trust Fund, a routine childhood immunizations surcharge assessed by the
54	54	27commissioner. By January 1 of each year, the commissioner of public health shall determine the
55	55	28total amount of the surcharge for the current fiscal year by determining the final amount required
56	56	29to be included in the Vaccine Purchase Trust Fund for the current fiscal year to cover the
57	57	30estimated costs to purchase, store and distribute immunizations for routine childhood
58	58	31immunizations and to administer the fund and the immunization registry, established pursuant to
59	59	32section 24M. The amount shall take into consideration the limitations on expenditures described
60	60	33in subsection (b) any anticipated surplus or deficit in the trust fund, and shall exclude any costs
61	61	34anticipated to be covered by federal contribution. Any increase in the surcharge amount for the
62	62	35prior fiscal year shall not be more than the percentage set as the health care cost growth
63	63	36benchmark, established under section 9 of chapter 6D, unless the commissioner of public health 3 of 4
64	64	37submits a detailed report to the clerks of the house of representatives and senate who shall
65	65	38forward the report to the house and senate committees on ways and means, the house and senate
66	66	39chairs of the joint committee on public health and the house and senate chairs of the joint
67	67	40committee on health care financing explaining the need for the increase.
68	68	41 SECTION 3. Chapter 111 of the General Laws, as so appearing, is hereby amended by
69	69	42inserting after section 244 the following section:-
70	70	43 Section 245. (1) The department shall implement a provider immunization brand choice
71	71	44requirement as part of the Commonwealth’s universal immunization program pursuant to
72	72	45sections 24I and 24N of chapter 111; the vaccines for children program operated by the
73	73	46department under the authority of 42 U.S.C. §1396s; and in any other existing or future
74	74	47immunization program for children or adults administered through the state using local, state or
75	75	48federal funds.
76	76	49 (2) Pursuant to the provider immunization brand choice requirement, for all categories of
77	77	50immunizations included in the programs described in paragraph (1) of this section, all healthcare
78	78	51providers participating in these programs must be able to select any brand or type of any
79	79	52immunization (including any combination immunization and dosage form), as long as the
80	80	53immunization is licensed or authorized for emergency use by the federal Food and Drug
81	81	54Administration and recommended by the national Centers for Disease Control and Prevention
82	82	55Advisory Committee on Immunization Practices. The department may not limit the ability of
83	83	56such healthcare providers to provide an immunization by limiting the supply of immunizations
84	84	57purchased by the department This section shall not apply in the event of a shortage or delay in 4 of 4
85	85	58vaccine availability, disaster or public health emergency, terrorist attack, hostile military or
86	86	59paramilitary action, or extraordinary law enforcement emergency.
87	87	60 Use of Vaccine Lists. The department shall use, for the purpose of the purchase, delivery
88	88	61and administration of vaccines, the CDC vaccine list established (and periodically reviewed and,
89	89	62as appropriate, revised) by the Advisory Committee of Immunization Practices, an advisory
90	90	63committee established by the US Secretary of Health and Human services acting through the
91	91	64Director of the Centers for Disease Control and Prevention.
92	92	65 (3) The department shall implement all or part of the provider immunization brand choice
93	93	66requirement as soon as it is determined to be feasible, provided, however, that the department
94	94	67shall complete full implementation of the system not later than July 1, 2025.
95	95	68