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Legislative Year: 2023 Change
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Bill Detail: HB23-1002

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Title Epinephrine Auto-injectors
Status House Committee on Health & Insurance Refer Amended to Appropriations (02/03/2023)
Bill Subjects
  • Health Care & Health Insurance
  • Professions & Occupations
House Sponsors I. Jodeh (D)
J. Mabrey (D)
Senate Sponsors D. Roberts (D)
House Committee Health and Insurance
Senate Committee
Date Introduced 01/09/2023
Summary

Effective January 1, 2024, the bill creates an epinephrine
auto-injector affordability program (program) to provide low-cost
epinephrine auto-injectors to individuals who:
  • Are residents of this state;
  • Are not enrolled in the state medicaid program or the
federal medicare program;
  • Have a prescription for an epinephrine auto-injector; and
  • Are not enrolled in prescription drug coverage that limits
the total amount of cost sharing that the enrollee is required
to pay for an epinephrine auto-injector.
The bill requires the division of insurance in the department of
regulatory agencies (division) to create an application for the program and
requires the division and the department of health care policy and
financing to make the application available on their websites and to
promote the availability of the program.
The bill requires a carrier that provides coverage for prescription
epinephrine auto-injectors to cap the total amount that a covered person
is required to pay for all covered prescription epinephrine auto-injectors
at an amount not to exceed $60 for a 2-pack of epinephrine auto-injectors.
A pharmacy that dispenses epinephrine auto-injectors is authorized
to collect a copayment not to exceed $60 from the individual to cover the
pharmacy's costs of processing and dispensing a 2-pack of epinephrine
auto-injectors.
A manufacturer of epinephrine auto-injectors:
  • Is required to make epinephrine auto-injectors available to
individuals through the program; and
  • May be required to reimburse the dispensing pharmacy an
amount that covers the difference between the pharmacy's
wholesale acquisition cost for the number of epinephrine
auto-injectors dispensed through the program and the
amount the recipients of the epinephrine auto-injectors paid
for the same number of epinephrine auto-injectors or send
the pharmacy a replacement supply of the same number of
epinephrine auto-injectors.
If a manufacturer fails to comply with the requirements of the bill,
the manufacturer may be subject to a fine.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (01/27/2023) (most recent)  
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