[§325-134]  Assessments.  (a)  The director shall determine immunization assessment rates as follows:

     (1)  Provide estimated child immunization costs and estimated adult immunization costs, not covered by the vaccines for children program or any of its successors, for the succeeding fiscal year no later than ninety days before the commencement of each state fiscal year;

     (2)  Add estimates to cover the department's operating costs for the program;

     (3)  Add a reserve of up to ten per cent of the sum of the preceding fiscal year's program costs and for unanticipated costs;

     (4)  Add a working capital reserve in such amount as may be reasonably determined by the director;

     (5)  Subtract or add the amount of any surplus or deficit in the fund, including any net investment income earned, as of the end of the preceding state fiscal year; and

     (6)  Calculate the immunization assessment rates as a per-child covered life per month and per-adult covered life per month amount to be self-reported and paid by all assessed entities by dividing the annual amount determined in accordance with paragraphs (1) through (5) by the number of children and adults, respectively, projected to be covered by the assessed entities during the succeeding program year, divided by twelve.

     (b)  No later than forty-five days following the close of each state fiscal year, the department shall provide an accounting of immunization purchase funds not covered by any state or other program to determine the final amount needed to cover the prior fiscal year.

     Unless determined by the director, any assessed entity that would otherwise be responsible for reimbursement to any provider for any immunization administration shall be responsible for reporting the child covered life and adult covered life and for payment of the corresponding assessment to the department.  The department shall establish by rule the frequency, schedule, and methodology of the assessments that the assessed entities shall be subject to.

     (c)  At any time after one full calendar year of operation under subsections (a) and (b), the director may make changes to the assessment collection mechanism.  Any changes shall be reflected in an updated plan of operation available to the public.

     (d)  If an assessed entity has not paid in accordance with this section, interest shall accrue at one per cent per month, compounded monthly on or after the due date.

     (e)  The director may determine an interim assessment for new immunizations or public health emergencies and shall calculate a supplemental interim assessment using the methodology outlined under subsection (a) for regular assessments, but payable within forty-five days of the interim assessment notice.  The director shall not impose more than one interim assessment per year, except in the case of a public health emergency declared in accordance with federal or state law.

     (f)  For purposes of assessments, medical loss ratio calculations, and reimbursement by plan sponsors, all association assessments shall be considered pharmaceutical or medical benefit costs and not regulatory or administrative costs.

     (g)  If the department discontinues operation of the program for any reason, any unexpended assessments, including unexpended funds from prior assessments in the universal immunization purchase special fund, shall be refunded to assessed entities in proportion to the current fiscal year's assessment rate. [L 2025, c 175, pt of §2]