1.Program established.
The Universal Immunization Program is established to provide all individuals in the State with access to a uniform set of vaccines as determined and periodically updated by the Maine Vaccine Board. The program is administered by the department for the purposes of expanding access to immunizations against all diseases as recommended by the federal Department of Health and Human Services, Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, optimizing public and private resources and lowering the cost of providing immunizations to individuals in the State. The program is overseen by the Maine Vaccine Board.
2.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meaning
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1.
Program established.
The Universal Immunization Program is established to provide all individuals in the State with access to a uniform set of vaccines as determined and periodically updated by the Maine Vaccine Board. The program is administered by the department for the purposes of expanding access to immunizations against all diseases as recommended by the federal Department of Health and Human Services, Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, optimizing public and private resources and lowering the cost of providing immunizations to individuals in the State. The program is overseen by the Maine Vaccine Board.
2.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
3.
Maine Vaccine Board.
The Maine Vaccine Board is established pursuant to this subsection to oversee the program.
4.
Program requirements.
The program shall make available to providers vaccines as determined by the board pursuant to subsection 3, paragraph E.
5.
Assessments.
By January 1, 2011 and annually thereafter, the board shall determine one or more assessments for each assessed entity in accordance with this subsection. The board shall provide a mechanism to protect against duplicate counting of individuals. The board may conduct an audit of the number of covered life months for individuals as reported by an assessed entity. An assessment determination made pursuant to this subsection is an adjudicatory proceeding within the meaning of Title 5, chapter 375, subchapter 4.
6.
Failure to pay assessment.
If an assessment under subsection 5 is not paid on the due date established by the board, the provisions of this subsection apply.
7.
Fund.
The Immunization Fund is established for the sole purpose of funding the program, including any costs of vaccines provided under the program to individuals and any costs the board may incur for staff, a service agent, administrative support services, legal representation and contracted services. The fund is administered by the board or the service agent, which shall act as a fiduciary and manage and invest the fund in conformance with prudent investor standards and maintain complete records of all assets, investments, deposits, disbursements and other transactions of the fund. All money and securities in the fund must be held in trust by the Treasurer of State for the purpose of making payments under this section and are not money or property for the general use of the State. The Treasurer of State is the custodian of the fund and may make disbursements only upon written direction from the board or the service agent. All assessments collected pursuant to this section, all interest on the balance in the fund and all income from any other source must be deposited into the fund. The fund does not lapse. No portion of the fund may be used to subsidize other programs or budgets.
8.
Reporting.
By January 15th of each year, the board shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the operation of the program, the progress of the program in expanding access to immunizations for individuals and the assets, investments and expenditures of the fund.
9.
Service agent.
The board, by written contract, may delegate administration of the fund to a service agent. The service agent:
10.
Freedom from liability.
There is no liability on the part of, and a cause of action may not arise against, a member of the board for any acts or omissions in the performance of the member's duties under this section. This immunity does not extend to willful neglect or malfeasance that would otherwise be actionable.
11.
Rules.
The department and the board shall jointly adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.