HHS Secretary Kennedy Leaves Vaccine Advisory Panel Empty

Federal vaccine recommendations are currently stalled because the Advisory Committee on Immunization Practices (ACIP) has no members.

HHS Secretary Robert F. Kennedy Jr. replaced the panel's original experts with handpicked allies in an effort to overhaul vaccination policy. A federal judge later halted those changes, ruling that the appointments were not made correctly. Kennedy has not nominated new members since the ruling, leaving the committee empty.

The vacancy creates a gap in insurance coverage for newly approved vaccines. Ron Kroening, a 63-year-old with asthma, recently sought Moderna's new mRNA flu vaccine. The Food and Drug Administration approved the shot in August for adults aged 50 and older. Kroening found the vaccine at a local pharmacy but was charged a $40 co-pay because his insurer did not list it as a covered ACIP vaccine.

Insurers typically have one year from an ACIP recommendation to include a new vaccine in their plans. This coverage usually begins in January of the following plan year. Because the committee is empty, no new recommendations are being made. A recommendation issued in December 2026 would require coverage by January 2028. A recommendation in January 2027 would push coverage to January 2029.

Lindsay Wiley, a law professor at UCLA, stated that the legal requirement for coverage does not activate quickly. She identified a recommendation next year as the best-case scenario for the new flu shot, but noted there is no reason to expect one soon. This timeline contrasts with coronavirus vaccines, which Congress mandated be covered within 15 days of an ACIP recommendation under the Affordable Care Act.

The lack of a functioning committee also affects state laws and other medical decisions. Some states prohibit pharmacists from administering vaccines without an active ACIP recommendation. Additionally, a September 2025 recommendation regarding new RSV shots was halted by the court order, though insurers appear to be covering those doses voluntarily. Delays have also been reported in Medicare coverage for the new flu shots, even though federal law requires coverage without a specific recommendation.

The government has appealed the portion of the court ruling that disbanded the committee. Aaron Siri, a lawyer for Kennedy, wrote on Monday that the White House and the Department of Justice are not making a serious attempt to revive the panel. Dorit Reiss, a vaccines expert at UC Law San Francisco, agreed that the federal government is choosing to keep the committee empty. She suggested this may allow Kennedy to make his own recommendations without the committee's involvement.

Kroening's insurer is part of the industry group AHIP, which has promised to continue covering vaccines recommended as of September 2025. Kroening said he would still choose the new vaccine and is glad he paid for it, though he is unhappy that insurance did not cover the cost. He described the current situation as a mess, noting the uncertainty surrounding the vaccine schedule.