107 STAT. 638 PUBLIC LAW 103-66 —AUG. 10, 1993 "(i) PAYMENTS IN UEU OF VACCiNES. - -In the case of a State that manufactures a pediatric vaccine the Secretary, instead of providing Uie vaccine on behalf of a State under subparagraph (A), shall provide to the State an amount equal to the value of the quantity of such vaccine that otherwise would have been delivered on behalf of the State under such subparagraph, but only if the State agrees that such payments will only be used for purposes relating to pediatric immunizations.
- (ii) DETERMINATION OF VALUE.— In determining
the amount to pay a State under clause (i) with respect to a pediatric vaccine, the value of the quantity of vaccine shall be determined on the basis of the price in effect for the qualified pediatric vaccine under contracts under subsection (a). If more than 1 such contract is in effect, the Secretary shall determine such value on the basis of the average of the prices under the contracts, after weighting each such price in relation to the quantity of vaccine under the contract involved. "(b) VACCINE-ELIGIBLE CHILDREN.— For purposes of this section: "(1) IN GENERAL.—The term Vaccine-eligible child' means a child who is a federally vaccine-eligible child (as defined in paragraph (2)) or a State vaccine-eligible child (as defined in paragraph (3)). "(2) FEDERALLY VACCINE-ELIGIBLE CHILD.—
- (A) IN GENERAL. —The term 'federally vaccine-eligible
child' means any of the following children: "(i) A medicaid-eligible child, "(ii) A child who is not insured, "(iii) A child who (I) is administered a qualified pediatric vaccine by a federally-qualified health center (as defined in section 1905(1)(2)(B)) or a rural health clinic (as defined in section 1905(1)(1)), and (II) is not insured with respect to the vaccine. "(iv) A child who is an Indian (as defined in subsection (h)(3)). "(B) DEFINITIONS. —In subparagraph (A): "(i) The term 'medicaid-eligible' means, with respect to a child, a child who is entitled to medical assistance under a state plan approved under this title. "(ii) The term 'insured' means, with respect to a child— "(I) for purposes of subparagraph (A)(ii), that the child is enrolled under, and entitled to benefits under, a health insurance policy or plan, including a group health plan, a prepaid health plan, or an employee welfare benefit plan under the Employee Retirement Income Security Act of 1974; and "(II) for purposes of subparagraph (A)(iiiXII) Mdth respect to a pediatric vaccine, that the child is entitled to benefits under such a health insurance policy or plan, but such benefits are not
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