SENATE DOCKET, NO. 1610        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 700

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jacob R. Oliveira

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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 to ensure access to epinephrine for minors.

_______________

PETITION OF:

SENATE DOCKET, NO. 1610        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 700

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 694 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

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

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An Act to ensure access to epinephrine for minors.

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 17Q the following section:-

Section 17R. (a) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for the appropriate weight-based dosage of epinephrine injectors.

(b) For purposes of this section, the term “epinephrine injector” shall mean an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States 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. (a) Chapter 118E of the General Laws is hereby amended by inserting after section 10L the following section:-

Section 10M. 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 at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for the appropriate weight-based dosage of epinephrine injectors.

(b) For purposes of this section, the term “epinephrine injector” shall mean an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States 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. (a) Chapter 175 of the General Laws is hereby amended by inserting after section 47KK the following section:-

Section 47LL. Any individual policy of accident or sickness insurance issued pursuant to this chapter shall provide coverage at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for the appropriate weight-based dosage of epinephrine injectors.

(b) For purposes of this section, the term “epinephrine injector” shall mean an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States 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. (a) Chapter 176A of the General Laws is hereby amended by inserting after section 8MM the following section:-

Section 8NN. 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 at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for the appropriate weight-based dosage of epinephrine injectors.

(b) For purposes of this section, the term “epinephrine injector” shall mean an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States 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. (a) Chapter 176B of the General Laws is hereby amended by inserting after section 4MM the following section:-

Section 4NN. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for the appropriate weight-based dosage of epinephrine injectors.

(b) For purposes of this section, the term “epinephrine injector” shall mean an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States 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. (a) Chapter 176G of the General Laws is hereby amended by inserting after section 4EE the following section:-

Section 4FF. Any individual or group health maintenance contract shall provide coverage at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for the appropriate weight-based dosage of epinephrine injectors.

(b) For purposes of this section, the term “epinephrine injector” shall mean an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States 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.