An Act amending the act of July 15, 2004 (P.L.731, No.85), known as the Elderly Immunization Act, further providing for definitions, for vaccination offered to eligible persons and for responsibilities of department; and making editorial changes.

PRIOR PRINTER'S NO. 3181 PRINTER'S NO. 3632
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2378
Session of
2026
INTRODUCED BY MADDEN, PARKER, WAXMAN, SAMUELSON, GUENST, HILL-
EVANS, SANCHEZ, FREEMAN, VENKAT, HANBIDGE AND FLEMING,
APRIL 10, 2026
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, JUNE 17, 2026
AN ACT
Amending the act of July 15, 2004 (P.L.731, No.85), entitled "An
act providing for immunization against the influenza virus
and pneumococcal disease for elderly persons," further
providing for definitions, FOR VACCINATION OFFERED TO
ELIGIBLE PERSONS AND FOR RESPONSIBILITIES OF DEPARTMENT; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and section 1 of the act of July 15,
2004 (P.L.731, No.85), known as the Elderly Immunization Act,
are amended to read:
AN ACT
Providing for immunization against the influenza virus and
pneumococcal disease for elderly and high risk persons.
Section 1. Short title.
This act shall be known and may be cited as the Elderly and
High Risk Immunization Act.
Section 2. The definition of "eligible person" in section 2
of the act is amended to read:
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Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible person." A person:
(1) [65] 50 years of age or older[.] for pneumococcal
vaccination.
(2) 50 years of age or older for influenza vaccination.
(3) 75 YEARS OF AGE OR OLDER FOR RESPIRATORY SYNCYTIAL
VIRUS.
* * *
SECTION 3. SECTIONS 3 AND 4 OF THE ACT ARE AMENDED TO READ:
SECTION 3. VACCINATION OFFERED TO ELIGIBLE PERSONS.
(A) GENERAL RULE.--WHEN AN ELIGIBLE PERSON IS ADMITTED TO A
HOSPITAL FOR A PERIOD OF MORE THAN 24 HOURS FOR A CONDITION
UNRELATED TO THE INFLUENZA VIRUS, RESPIRATORY SYNCYTIAL VIRUS OR
PNEUMOCOCCAL DISEASE, HE OR SHE SHALL BE INFORMED THAT A
VACCINATION FOR THE INFLUENZA VIRUS, RESPIRATORY SYNCYTIAL VIRUS
AND PNEUMOCOCCAL DISEASE IS AVAILABLE AND PROVIDED THE
OPPORTUNITY TO RECEIVE VACCINATION AGAINST THE INFLUENZA VIRUS,
RESPIRATORY SYNCYTIAL VIRUS AND PNEUMOCOCCAL DISEASE PRIOR TO
DISCHARGE FROM THE HOSPITAL. IMMUNIZATION SHALL BE CONDUCTED IN
ACCORDANCE WITH THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(B) OTHER FACILITIES TO OFFER VACCINATION.--VACCINATION FOR
THE INFLUENZA VIRUS, RESPIRATORY SYNCYTIAL VIRUS AND
PNEUMOCOCCAL DISEASE SHALL ALSO BE OFFERED TO AN ELIGIBLE PERSON
AT FACILITIES PROVIDING ONGOING MEDICAL CARE TO THE EXTENT
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POSSIBLE AS DETERMINED BY THE FACILITY. IF THE FACILITY
DETERMINES IT IS NOT POSSIBLE TO PROVIDE THE VACCINE,
INFORMATION SHALL BE PROVIDED TO THE PATIENT ON OTHER OPTIONS
FOR OBTAINING THE VACCINE.
(C) TIME FRAME FOR AVAILABILITY OF INFLUENZA, RESPIRATORY
SYNCYTIAL VIRUS AND PNEUMOCOCCAL VACCINE.--
(1) THE INFLUENZA VACCINE SHALL BE MADE AVAILABLE FOR
ELIGIBLE PERSONS DURING THE MONTHS OF OCTOBER AND NOVEMBER.
VACCINATION EFFORTS MAY CONTINUE INTO DECEMBER AND LATER
BASED ON AVAILABILITY OF THE VACCINE.
(2) THE PNEUMOCOCCAL [VACCINE] AND RESPIRATORY SYNCYTIAL
VIRUS VACCINES SHALL BE AVAILABLE FOR ELIGIBLE PERSONS.
(D) PROTOCOLS.--VACCINES MAY BE ADMINISTERED UNDER
INSTITUTION-APPROVED OR PHYSICIAN-APPROVED PROTOCOLS AFTER AN
ASSESSMENT HAS BEEN MADE FOR CONTRAINDICATIONS.
(E) RESPONSIBILITY OF PERSON ADMINISTERING VACCINE.--IT
SHALL BE THE RESPONSIBILITY OF THE PERSON ADMINISTERING THE
VACCINE TO INQUIRE AS TO WHETHER THE ELIGIBLE PERSON HAS ALREADY
RECEIVED A VACCINATION AGAINST THE INFLUENZA VIRUS, RESPIRATORY
SYNCYTIAL VIRUS OR PNEUMOCOCCAL DISEASE.
(F) DOCUMENTATION OF VACCINE.--RECEIPT OF THE VACCINATION
SHALL BE DOCUMENTED ON THE PATIENT'S CHART AND MADE A PART OF
THE PATIENT'S PERMANENT RECORD AT THE HOSPITAL OR OTHER
FACILITY.
SECTION 4. RESPONSIBILITIES OF DEPARTMENT.
(A) PROMULGATION OF REGULATIONS.--THE DEPARTMENT MAY
PROMULGATE REGULATIONS RELATING TO THIS ACT, TAKING INTO
CONSIDERATION THE RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
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(B) EDUCATIONAL MATERIALS.--THE DEPARTMENT SHALL MAKE
AVAILABLE EDUCATIONAL AND INFORMATIONAL MATERIALS TO ALL
HOSPITALS AND OTHER FACILITIES PROVIDING ONGOING MEDICAL CARE
CONCERNING VACCINATION AGAINST THE INFLUENZA VIRUS, RESPIRATORY
SYNCYTIAL VIRUS AND PNEUMOCOCCAL DISEASE.
Section 3 4. This act shall take effect in 60 days.
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