SB 559-FN - VERSION ADOPTED BY BOTH BODIES

03/07/2024   0985s

23May2024... 1831h

2024 SESSION

24-3113

05/08

SENATE BILL 559-FN

AN ACT relative to the New Hampshire vaccine association.

SPONSORS: Sen. Prentiss, Dist 5; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Altschiller, Dist 24; Sen. Rosenwald, Dist 13; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Chandley, Dist 11; Rep. Merchant, Sull. 6

COMMITTEE: Health and Human Services

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AMENDED ANALYSIS

This bill defines respiratory syncytial virus biological product for purposes of assessment by the New Hampshire vaccine association.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024   0985s

23May2024... 1831h 24-3113

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to the New Hampshire vaccine association.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Hampshire Vaccine Association; Definitions; Definition of Biological Product Added.  Amend RSA 126-Q:1, III - X to read as follows:

III.  "Assessable lives" means all children under 19 years of age residing in the state who have assessable coverage written or administered by an assessable entity, with the exception of children whose vaccines and respiratory syncytial virus biological product are paid for under the federal Vaccines for Children program, established under 42 U.S.C. section 1396s.

IV.  "Assessment" means the assessable entity's liability with respect to childhood vaccines and the respiratory syncytial virus biological product determined in accordance with this chapter.  For purposes of rate setting and medical loss ratio calculations, all association assessments are considered pharmaceutical or medical benefit costs and not regulatory costs.  In the event of any insolvency or similar proceeding affecting any payer, assessments shall be included in the highest priority of obligations to be paid by or on behalf of such payer.

V.  "Association" means the New Hampshire vaccine association.

VI.  "Board" means the board of directors of the New Hampshire vaccine association.

VII.  "Commissioner" means the commissioner of the department of health and human services.

VIII.  "Estimated vaccine cost" means the estimated cost to the state over the course of a state fiscal year of the purchase, distribution, and administration of vaccines and the respiratory syncytial virus biological product purchased at the federal discount rate by the department of health and human services.

IX.  "Provider" means a person licensed by this state to provide health care services to persons or a partnership or corporation made up of those persons.

IX-a.  “Respiratory syncytial virus biological product” means a respiratory syncytial virus biological product that has been approved by the federal Food and Drug Administration and recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention to be added to the Vaccines for Children program and has been authorized by the commissioner of the department of health and human services for administration to children of the state of New Hampshire under the age of 19 years for the purposes of protecting against the respiratory syncytial virus.

X.  "Total non-federal program cost" means the estimated vaccine and the respiratory syncytial virus biological product cost less the amount of federal revenue available to the state for the purchase, distribution, and administration of vaccines and respiratory syncytial virus biological product.

2  New Hampshire Vaccine Association; Assessment Determination.  Amend RSA 126-Q:4, II(c) to read as follows:

(c)  Add a reserve of up to 10 percent of the anticipated cost under subparagraph (a) for unanticipated costs associated with providing vaccines and the respiratory syncytial virus biological product to children covered; and

3   Effective Date.  This act shall take effect upon its passage.

LBA

24-3113

Amended 4/1/24

SB 559-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-0985s)

AN ACT relative to the New Hampshire vaccine association.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill adds a definition of "biological product" to RSA 126-Q, the statute governing the NH Vaccine Association (NHVA).  The Department of Health and Human Services states that there is one immunization, nirsevimab (Beyfortus™), which is not currently eligible for procurement with NHVA funds that would immediately become eligible if the bill is enacted.  The immunization in question has been approved and recommended by various federal entities (Food and Drug Administration, Centers for Disease Control and Prevention) for the prevention of severe disease caused by respiratory syncytial virus (RSV).  The Department notes that the current contracted price for nirsevimab is $395.  If it became eligible for purchase with NHVA funds, the following annual increases in revenue (in the form of an assessment on commercial insurers under the mechanism described in RSA 126-Q) and expenditures may occur, depending on the immunization uptake rate:

• If 30 percent uptake: $717,000
• If 50 percent uptake: $1,200,000
• If 70 percent uptake: $1,700,000

The Department assumes that the purchase price of the immunizations will increase by approximately 4 percent per year.  The Department further assumes that an unknown number of future immunizations may also become eligible for NHVA purchase under the new definition contained in the bill.

The Insurance Department states that the bill's fiscal impact is indeterminable.

AGENCIES CONTACTED:

Department of Health and Human Services and Insurance Department