In an effort to guard against what nearly all health professionals feel is a dangerous reduction of vaccination rules by the federal government, outgoing Gov. Phil Murphy last week signed legislation updating New Jersey’s laws to ensure immunization guidance is state-based and aligning health insurance coverage requirements with that guidance from the N.J. Department of Health.
At the same time, the N.J. Department of Health announced a comprehensive update to N.J.A.C. 8:57 will be adopted today (inauguration day for Governor-elect Mikie Sherrill) in the New Jersey Register.
Until now, New Jersey laws relied on recommendations by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention to inform vaccine recommendations. Under S4894/A6166, current statutes specifically referencing ACIP’s recommendations concerning vaccinations and immunizations would be replaced with references to the recommendations of the N.J. Department of Health.
Murphy feels these actions will ensure New Jersey’s communicable disease protocols remain grounded in best practices and evidence, while helping keep families safeguarded against preventable communicable diseases.
“This year, we have seen the federal government diverge and waffle on evidence-based recommendations from trusted health professionals – rewriting federal vaccine guidance to the detriment of our communities and putting our most vulnerable residents at risk, particularly our children,” Murphy said.
“We take seriously our responsibility to preserve and protect public health, which is why we have mobilized quickly to mitigate the harmful impact of these dangerous policy changes. Today’s bill signing is yet another action by our Administration to provide equitable access to vaccines, achieve community protection, and build sustained trust in vaccinations.”
The law would also require NJDOH to consider the recommendations of the American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists and the American College of Physicians, as appropriate, in addition to ACIP’s recommendations.
This means the N.J. DOH is not required to mirror federal guidance and can instead look to other professional health care bodies to determine state guidance, allowing the state to respond faster, ensure guidance is evidence-based, and make policy decisions that address local public health needs, particularly when federal policy changes may put New Jersey residents at risk.
The bill also requires health insurers and health benefit plans—including Department of Banking and Insurance-regulated plans; NJ FamilyCare, New Jersey’s Medicaid and Children Health Insurance Program; the State Health Benefits Plan; and the School Employees’ Health Benefits Plan—to provide coverage for immunizations recommended by NJDOH without any cost-sharing.
The outgoing administration feels these measures aim to bolster confidence in vaccinations at a time of increasing public distrust and misinformation. For example, measles cases have soared nationally to the highest levels reported since 1992, which was eight years before the disease was eliminated in the U.S. in 2000.
By all accounts, the incoming Sherrill administration is in agreement with these rules.
Chrissy Buteas, the CEO of the Health Care Institute of New Jersey, sure is.
“The passage and enactment of this important legislation is a win for New Jersey patients who need access to the life-saving vaccines that life sciences companies work so hard to research, discover and manufacture,” she said. “A patient’s ability to access a medicine, medical device, vaccine, diagnostic tool or medical technology is critical to maintaining individual, family and societal health and wellness, and this bill expands patient access.
“We commend Governor Phil Murphy and the sponsors, Senators Joe Vitale and Andrew Zwicker, and Assemblywoman Carol Murphy, for their steadfast support of New Jersey’s patient community.”
Debbie Hart, CEO of BIONJ, agreed.
“BioNJ applauds the Legislature and Gov. Murphy for passing legislation and implementing policies that will ensure that Patients across New Jersey will not only have access to the vaccines that they need but will also benefit from the wisdom and recommendations of the most highly regarded experts across the country,” she said. “Vaccines are one of the most critical biomedical innovations in the history of medicine, preventing the spread and alleviating the impact of innumerable diseases.
“We are fortunate to live in a time when some of the worst maladies that humanity has ever confronted have been effectively eliminated by the technology of vaccines. This legislation enables the NJ Department of Health to incorporate recommendations from the Advisory Committee on Immunization Practices (ACIP) while also benefiting from the guidance from a broader network of experts. Through these actions, patients in New Jersey will have the benefit of vaccine policies that rely on biomedical science and the most well-informed recommendations.”
Jeff Brown, the outgoing acting Health Commissioner, said the law is about following the science – and restoring public trust.
“At the Department of Health, we are doing everything in our power to protect public health and to keep our vaccination infrastructure safe, effective, and based solely on evidence and science,” he said. “Everyone is encouraged to stay up to date on vaccines to protect themselves and their loved ones.
“Over the past year, we have seen that ACIP’s recommendations are not reliably aligned with evidence-based recommendations from trusted health care professionals and risk causing major harm, especially to children. This act will ensure that vaccination policy in our state is guided by the best available science, safeguards children and families, and restores trust in our public health.”
