Page:United States Statutes at Large Volume 107 Part 1.djvu/666

 107 STAT. 640 PUBLIC LAW 103-66—AUG. 10, 1993 in the case of a federally vaccine-eli^ble child does not exceed the costs of such administration (as determined by the Secretary based on actual regional costs for such administration). "(iii) The provider will not deny administration of a qualified pediatric vaccine to a vacdne-eligible child due to the inability of the child's parent to pay an administration fee. "(3) ENCOURAGING INVOLVEMENT OF PROVIDERS.— Each program under this section shall provide, in accordance with criteria established by the Secretary— "(A) for encouraging the following to become programregistered providers: private health care providers, the Indian Health Service, health care providers that receive funds under title V of the Indian Health Care Improvement Act, and health programs or facilities operated by Indian tribes or tribal orgamzations; and ''(B) for identifying, with respect to any population of vaccine-eligible children a substential portion of whose parents have a limited ability to speak the English language, those program-registered providers who are able to communicate with the population involved in the language and cultural context that is most appropriate. "(4) STATE REQUIREMENTS.— Except as the Secretary may permit in order to prevent fraud and abuse and for related purposes, a State may not impose additional qualifications or conditions, in addition to the requirements of paragraph (1), in order that a provider qualify as a program-registered provider under this section. This subsection does not limit the exercise of State authority under section 1915(b). "(d) NEGOTIATION OF CONTRACTS WITH MANUFACTURERS.— "(1) IN GENERAL.— For the purpose of meeting obligations under this section, the Secretary shall negotiate and enter into contracts with manufacturers of pediatric vaccines consistent Math the requiremente of this subsection and, to the maximimi extent practicable, consolidate such contracting with any other contracting activities conducted by the Secretary to purchase vaccines. The Secretary may enter into such contracte under which the Federal (jrovernment is obligatod to make outlays, the budget authority for which is not provided for in advance in appropriations Acte, for the purchase and delivery of pediatric vaccines under subsection (a)(2)(A). "(2) AuTHORiry TO DECLINE CONTRACTS. —The Secretary may decline to enter into such contracte and may modify or extond such contracte. "(3) CONTRACT PRICE.— "(A) IN GENERAL. —The Secretary, in negotiating the prices at which pediatric vaccines will be purchased and delivered froTa a manufacturer under this subsection, shall take into account quantities of vaccines to be purchased by Stotes under the option under paragraph (4)(B). "(B) NEGOTIATION OF DISCOUNTED PRICE FOR CURRENT VACCINES.— With respect to contracte entered into under this subsection for a pediatric vaccine for which the Centers for Disease Control and Prevention has a contract in effect under section 317(j)(l) of the Public Health Service Act as of May 1, 1993, no price for the purchase of such

�