PRINTER'S NO. 4408
No. 2863 Session of 2004
INTRODUCED BY HABAY, BEBKO-JONES, BROWNE, DENLINGER, DONATUCCI,
GABIG, GOODMAN, HERSHEY, LEACH, PETRARCA, ROHRER, RUBLEY,
SCAVELLO, E. Z. TAYLOR, TIGUE, TURZAI AND WASHINGTON,
SEPTEMBER 28, 2004
REFERRED TO COMMITTEE ON INSURANCE, SEPTEMBER 28, 2004
AN ACT
1 Amending the act of May 21, 1992 (P.L.239, No.35), entitled "An
2 act providing for health insurance coverage of children; and
3 conferring powers and duties on the Department of Health and
4 the Insurance Department," further providing for definitions;
5 and providing for mercury-free vaccines.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The title of the act of May 21, 1992 (P.L.239,
9 No.35), known as the Childhood Immunization Insurance Act, is
10 amended to read:
11 AN ACT
12 Providing for health insurance coverage of children and pregnant
13 women; and conferring powers and duties on the Department of
14 Health and the Insurance Department.
15 Section 2. Section 2 of the act is amended by adding a
16 definition to read:
17 Section 2. Definitions.
18 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 * * *
4 "Department." The Department of Health of the Commonwealth.
5 * * *
6 Section 3. The act is amended by adding a section to read:
7 Section 3.1. Mercury-free vaccines.
8 (a) Prohibited vaccinations.--On and after January 1, 2005,
9 a person who is knowingly pregnant or who is under three years
10 of age shall not be vaccinated with a mercury-containing vaccine
11 or injected with a mercury-containing product.
12 (b) Coverage for mercury-free vaccines.--All health
13 insurance policies delivered, issued for delivery, renewed,
14 extended or modified in this Commonwealth by any health care
15 insurer shall provide that the health insurance benefits
16 applicable under the policy include coverage for mercury-free
17 vaccines and injections for pregnant women and children under
18 three years of age.
19 (c) Exemption.--The department may exempt the use of a
20 vaccine from the prohibition of subsection (a) if it finds, and
21 the Governor concurs, that an actual or potential bioterrorist
22 incident or other actual or potential public health emergency,
23 including an epidemic or shortage of supply of a vaccine that
24 would prevent children under three years of age and knowingly
25 pregnant women from receiving the needed vaccine, makes
26 necessary the administration of a vaccine containing mercury.
27 The exemption shall meet all of the following conditions:
28 (1) It shall not be issued for more than 12 months.
29 (2) Upon issuing an exemption, the department and the
30 Governor shall, within 48 hours, notify the General Assembly
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1 about the exemption and about the department's findings
2 justifying the exemption's approval.
3 (3) Upon receiving a request for an exemption, the
4 department shall notify interested parties who have requested
5 in writing to the department notice that an exemption request
6 has been made. Upon issuing an exemption, the department
7 shall, within seven days, notify interested parties about the
8 exemption and about the department's findings justifying the
9 exemption's approval.
10 (4) At the end of the effective period of the exemption,
11 the department may issue another exemption for up to 12
12 months for the same incident or public health emergency, if
13 the department makes a determination that the exemption is
14 necessary as set forth in this subsection, the Governor
15 concurs with the exemption and the department notifies the
16 General Assembly and interested parties pursuant to
17 paragraphs (2) and (3).
18 Section 4. This act shall take effect immediately.
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