Pennsylvania HB 2708: An Act providing for insurance coverage for epinephrine delivery systems; and imposing duties on the Insurance Department.

Bill Text

PRINTER'S NO. 3784
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2708
Session of
2026
INTRODUCED BY HANBIDGE, PIELLI, WAXMAN, McNEILL, SANCHEZ,
INGLIS, PROBST, GUENST, D. WILLIAMS AND HOHENSTEIN,
JULY 17, 2026
REFERRED TO COMMITTEE ON INSURANCE, JULY 20, 2026
AN ACT
Providing for insurance coverage for epinephrine delivery
systems; and imposing duties on the Insurance Department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Affordable
Epinephrine Act.
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:
"Cost sharing." The following:
(1) The share of the health care costs covered by a
health insurance policy that an enrollee or covered
individual pays out of pocket.
(2) The term includes a deductible, coinsurance,
copayment or similar charge.
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(3) The term does not include a premium, a balance
billed amount from an out-of-network provider or the cost of
a noncovered service.
"Department." The Insurance Department of the Commonwealth.
"Epinephrine delivery system." A single-use device used for
the automatic injection or administration of a premeasured dose
of epinephrine into the human body for the purpose of emergency
treatment of an individual appearing to experience anaphylactic
symptoms.
"Health insurance policy." A policy, subscriber contract,
certificate or plan issued by an insurer that provides medical
or health care coverage. The term does not include any of the
following:
(1) An accident only policy.
(2) A credit only policy.
(3) A long-term care or disability income policy.
(4) A specified disease policy.
(5) A Medicare supplement policy.
(6) A TRICARE policy, including a Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS)
supplement policy.
(7) A fixed indemnity policy.
(8) A hospital indemnity policy.
(9) A dental only policy.
(10) A vision only policy.
(11) A workers' compensation policy.
(12) An automobile medical payment policy under 75
Pa.C.S. (relating to vehicles).
(13) A homeowner's insurance policy.
(14) Any other similar policies providing for limited
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benefits.
Section 3. Coverage requirement.
(a) Epinephrine delivery systems.--A health insurance policy
offered, issued or renewed in this Commonwealth shall provide
coverage for at a minimum, two epinephrine delivery systems:
(1) prescribed by a health care provider; and
(2) at an amount not to exceed thirty-five dollars ($35)
annually regardless of the insured's deductible, copayment,
coinsurance or any other cost-sharing requirement.
(b) Deductibles and coinsurance.--The coverage required
under subsection (a) may be subject to annual deductibles and
coinsurance as deemed appropriate by the Insurance Commissioner.
(c) Construction.--Nothing in this section shall be
construed to prevent a health care group, general medical
service corporation or hospital service corporation from
reducing a covered individual's cost sharing to an amount that
is lower than the amount specified in subsection (a).
Section 4. Investigation and report.
(a) Department investigation.--The department shall
investigate pricing of epinephrine delivery systems to ensure
that adequate pricing of prescription epinephrine delivery
systems is achieved and to determine if additional consumer
protections are necessary. As part of the investigation, the
department shall gather, complete and analyze information
concerning business practices, pricing, data and other
information regarding epinephrine delivery systems
manufacturers' roles in the current prices of epinephrine
delivery systems.
(b) Submission of report.--The department shall submit the
findings of the investigation under subsection (a) in a report
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to the General Assembly, which shall be made accessible to the
public no later than one year after the effective date of this
paragraph. The report shall include:
(1) A summary of epinephrine delivery system pricing
practices and factors that contribute to the pricing of
health insurance policies.
(2) Public policy recommendations to control and prevent
overpricing of prescription epinephrine delivery systems made
available to consumers in this Commonwealth.
(3) Any other information that the department finds
necessary to complete the report.
Section 5. Regulations.
The department may promulgate regulations as necessary to
implement and enforce the maximum price established under
section 3(a).
Section 6. Applicability.
This act shall apply as follows:
(1) For a health insurance policy for which either rates
or forms are required to be filed with the department, t