§ 71-529 — Statewide immunization action plan; department; powers

The Department of Health and Human Services
may participate in the national efforts described in sections 71-527 and 71-528
and may develop a statewide immunization action plan which is comprehensive
in scope and reflects contributions from a broad base of providers and consumers.
In order to implement the statewide immunization action plan, the department
may:
(1) Actively seek the participation and commitment of the public, health
care professionals and facilities, the educational community, and community
organizations in a comprehensive program to ensure that the state's children
are appropriately immunized;
(2) Apply for and receive public and private awards to purchase vaccines
and to administer a statewide comprehensive program;
(3) Provide immunization information and education to the public, parents,
health care providers, and educators to establish and maintain a high level
of awareness and demand for immunization by parents;
(4) Assist parents, health care providers, and communities in developing
systems, including demonstration and pilot projects, which emphasize well-child
care and the use of private practitioners and which improve the availability
of immunization and improve management of immunization delivery so as to ensure
the adequacy of the vaccine delivery system;
(5) Evaluate the effectiveness of these statewide efforts, conduct ongoing
measurement of children's immunization status, identify children at special
risk for deficiencies in immunization, and report on the activities of the
statewide immunization program annually to the Legislature and the citizens
of Nebraska. The report submitted
to the Legislature shall be submitted electronically;
(6) Recognize persons who volunteer their efforts towards achieving
the goal of providing immunization of the children of Nebraska and in meeting
the Healthy People 2000 objective of series-complete immunization coverage
for ninety percent or more of United States children by their second birthday;
(7) Establish a statewide program to immunize Nebraska children from
birth up to six years of age against measles, mumps, rubella, poliomyelitis,
diphtheria, pertussis, tetanus, hepatitis B, and haemophilus influenzae type
B. The program shall serve children who are not otherwise eligible for childhood
immunization coverage with medicaid or other federal funds or are not covered
by private third-party payment; and
(8) Contract to provide vaccine under the statewide program authorized
under subdivision (7) of this section without cost to health care providers
subject to the following conditions:
(a) In order to receive vaccine without cost, health care providers
shall not charge for the cost of the vaccine. Health care providers may charge
a fee for the administration of the vaccine but may not deny service because
of the parent's or guardian's inability to pay such fee. Fees for administration
of the vaccine shall be negotiated between the department and the health care
provider, shall be uniform among participating providers, and shall be no
more than the cost ceiling for the region in which Nebraska is included as
set by the Secretary of the United States Department of Health and Human Services
for the Vaccines for Children Program authorized by the Omnibus Budget Reconciliation
Act of 1993;
(b) Health care providers shall administer vaccines according to the
schedule recommended by the Advisory Committee on Immunization Practices of
the Centers for Disease Control and Prevention or by the American Academy
of Pediatrics unless in the provider's medical judgment, subject to accepted
medical practice, such compliance is medically inappropriate; and
(c) Health care providers shall maintain records on immunizations as
prescribed by this section for inspection and audit by the Department of Health
and Human Services or the Auditor of Public Accounts, including responses
by parents or guardians to simple screening questions related to payment coverage
by public or private third-party payors, identification of the administration
fee as separate from any other cost charged for other services provided at
the same time the vaccination service is provided, and other information as
determined by the department to be necessary to comply with subdivision (5)
of this section. Such immunization records may also be used for information
exchange as provided in sections 71-539 to 71-544 .

Legislative History

Source: Laws 1992, LB 431, § 4; Laws 1994, LB 1223, § 32; Laws 1996, LB 1044, § 508; Laws 1998, LB 1063, § 17; Laws 2005, LB 301, § 20; Laws 2007, LB296, § 396; Laws 2011, LB591, § 5; Laws 2012, LB782, § 103.