HOUSE DOCKET, NO. 1747        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1054

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to epinephrine injectors.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1747        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1054

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1125 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to epinephrine injectors.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 17R the following section:-

Section 17S. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other benefit provided by the commission.  For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-

Section 10O. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms, and third-party administrators under contract to a Medicaid-managed care organization or primary care clinician plan shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drugs provided by the division. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:-

Section 47OO. Any individual policy of accident or sickness insurance issued pursuant to this chapter shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the insurer. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:-

Section 8PP. Any contract between a subscriber and the corporation under an individual group or hospital service plan that is delivered, issued, or renewed within the commonwealth shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the insurer. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:-

Section 4PP. Any subscription certificate under an individual or group medical service agreement delivered, issued, or renewed within the commonwealth shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the insurer. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.

SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:-

Section 4HH. Any individual or group health maintenance contract shall provide coverage for the appropriate weight-based dosage of epinephrine injectors. An epinephrine injector prescribed in this section shall not be subject to any greater deductible, coinsurance, copayments, or out-of-pocket limits than any other prescribed drug provided by the commission. For purposes of this section the term “epinephrine injector” shall mean an auto-injector approved by the federal Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the federal Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.