§ 23-01-39 — Immunization program - Provider choice - Purchasing

North Dakota § 23-01-39

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-01: Health Division

Text

1. As used in this section:
a. "Department" means the department of health and human services.
b. "North Dakota immunization advisory committee" means the group of private
health care providers, local public health units, department staff, and other
applicable individuals which makes immunization and vaccine selection
recommendations to the North Dakota immunization program.
c. "North Dakota immunization program" means the program administered by the
department to provide vaccinations to North Dakota children consistent with state
and federal law.
d. "Program-eligible child" means any child, who is under nineteen years of age,
whose custodial parent or legal guardian resides in this state.
e. "Vaccine" means any vaccine recommended by the federal advisory committee
on immunization practices of the centers for disease control and prevention.
f. "Vaccines for children program" is a federally funded program that provides
vaccines at no cost to eligible children pursuant to section 1928 of the Social
Security Act [42 U.S.C. 1396s].
2. As part of the North Dakota immunization program:
a. The department shall implement a provider choice system as part of the state's
implementation of the vaccines for children program. This provider choice system
must provide a health care provider participating in the state's vaccines for
children program or in any other immunization program for children, adolescents,
or adults which is administered through the state using federal or state funds,
may select any licensed vaccine, including combination vaccines, and any
dosage forms that have in effect a recommendation from the federal advisory
committee on immunization practices. This subsection does not apply in the
event of a shortage or delay in vaccine availability, disaster, public health
emergency, terrorist attack, hostile military or paramilitary action, or extraordinary
law enforcement emergency.
b. The department may establish a program through which the department
purchases vaccines through the federal vaccine purchasing contract.
(1) The department shall supply public health units with the purchased
vaccines. A public health unit that receives vaccines under this subdivision
shall administer the vaccines to program-eligible children.
(2) A public health unit that receives vaccines under this purchasing program
may not bill an insurer for the cost of the vaccine but may charge an
administration fee.
(3) The department shall fund this purchasing program through participation in
the vaccines for children program, the federal section 317 vaccine program,
and state funds appropriated for this purpose. If it appears there will be
inadequate funds to fund this purchasing program, the department shall
petition the emergency commission for a transfer from the state contingency
fund. The emergency commission may grant the transfer request, or so
much thereof as may be necessary, to fund this purchasing program.