1. A. The department shall establish and administer a statewide vaccine purchasing program to:

   1. (1) expand access to childhood immunizations recommended by the department pursuant to Section 24-5-1 NMSA 1978;
   2. (2) maintain and improve immunization rates;
   3. (3) facilitate the acquisition by providers of vaccines for childhood immunizations recommended by the department pursuant to Section 24-5-1 NMSA 1978; and
   4. (4) leverage public and private funding and resources for the purchase, storage and distribution of vaccines for childhood immunizations recommended by the department pursuant to Section 24-5-1 NMSA 1978.

2. B. The department shall:

   1. (1) purchase vaccines for all children in New Mexico, including children eligible for the vaccines for children program and insured children;
   2. (2) invoice each health insurer and group health plan to reimburse the department for the cost of vaccines provided directly or indirectly by the department to such health insurer's or group health plan's insured children;
   3. (3) maintain a list of registered providers who receive vaccines for insured children that are purchased by the state and provide such list to each health insurer and group health plan with every invoice;
   4. (4) report the failure of a health insurer to reimburse the department within thirty days of the date of the invoice to the office of superintendent;
   5. (5) report the failure of a health insurer or group health plan to reimburse the department within thirty days of the date of the invoice to the state department of justice for collection; and
   6. (6) credit all receipts collected from health insurers and group health plans pursuant to the Vaccine Purchasing Act to the fund.
3. C. No later than July 1, 2015 and July 1 of each year thereafter, the department shall estimate the amount to be expended annually by the department to purchase, store and distribute vaccines recommended by the department pursuant to Section 24-5-1 NMSA 1978 to all insured children in the state, including a reserve of ten percent of the amount estimated.
4. D. No later than September 1, 2015 and each quarter thereafter, the department shall invoice each health insurer and each group health plan for one-fourth of its proportionate share of the estimated amount and reserve pursuant to Subsection C of this section, calculated pursuant to Subsection B of Section 24-5A-6 NMSA 1978.
5. E. The department may update its estimated amount to be expended annually and its reserve to take into account increases or decreases in the cost of vaccines or the costs of additional vaccines that the department determines should be included in the statewide vaccine purchasing program and adjust the amount invoiced to each health insurer and group health plan the following quarter.

History: Laws 2015, ch. 5, § 3; 2025 (1st S.S.), ch. 5, § 5; repealed and reenacted by Laws 2025 (1st S.S.), ch. 5, § 11.

ANNOTATIONS

Repeals. — Laws 2026, ch. 42, § 2 repealed Laws 2025 (1st S.S.), ch. 5, § 11 effective May 20, 2026. Laws 2025 (1st S.S.), ch. 5, § 11 would have become effective July 1, 2026.

The 2025 (1st S.S.) amendment, effective December 31, 2025, required vaccines purchased pursuant to the statewide vaccine purchasing program to be recommended by the department of health; in Subsection A and C, substituted "advisory committee on immunization practices" with "department pursuant to Section 24-5-1 NMSA 1978" throughout the subsection; in Subsection B, Paragraph B(5), substituted "office of the attorney general" with "state department of justice"; and in Subsection D, after "Subsection B of Section" deleted "6 of the Vaccine Purchasing Act" and added "24-5A-6 NMSA 1978".