Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S817 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2459 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 817
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jacob R. Oliveira
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to ensure access to epinephrine for minors.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jacob R. OliveiraHampden, Hampshire and Worcester 1 of 6
16	16	SENATE DOCKET, NO. 2459 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 817
18	18	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 817) of Jacob R. Oliveira for
19	19	legislation to ensure access to epinephrine for minors. Financial Services.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 700 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to ensure access to epinephrine for minors.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 Official
31	31	2Edition, is hereby amended by inserting after section 17Q the following section:-
32	32	3 Section 17R. (a) Any coverage offered by the commission to an active or retired
33	33	4employee of the commonwealth insured under the group insurance commission shall provide
34	34	5coverage at no cost for medically necessary epinephrine injectors for individuals under 18 years
35	35	6of age for the appropriate weight-based dosage of epinephrine injectors.
36	36	7 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
37	37	8injector approved by the United States Food and Drug Administration for the administration of
38	38	9epinephrine and a pre-filled syringe approved by the United States Food and Drug 2 of 6
39	39	10Administration and used for the administration of epinephrine that contains a pre-measured dose
40	40	11of epinephrine that is equivalent to the dosages used in an auto-injector.
41	41	12 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
42	42	13subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
43	43	14the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
44	44	15years of age and older.
45	45	16 SECTION 2. (a) Chapter 118E of the General Laws is hereby amended by inserting after
46	46	17section 10L the following section:-
47	47	18 Section 10M. The division and its contracted health insurers, health plans, health
48	48	19maintenance organizations, behavioral health management firms and third-party administrators
49	49	20under contract to a Medicaid managed care organization or primary care clinician plan shall
50	50	21provide coverage at no cost for medically necessary epinephrine injectors for individuals under
51	51	2218 years of age for the appropriate weight-based dosage of epinephrine injectors.
52	52	23 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
53	53	24injector approved by the United States Food and Drug Administration for the administration of
54	54	25epinephrine and a pre-filled syringe approved by the United States Food and Drug
55	55	26Administration and used for the administration of epinephrine that contains a pre-measured dose
56	56	27of epinephrine that is equivalent to the dosages used in an auto-injector.
57	57	28 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
58	58	29subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
59	59	30the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
60	60	31years of age and older. 3 of 6
61	61	32 SECTION 3. (a) Chapter 175 of the General Laws is hereby amended by inserting after
62	62	33section 47KK the following section:-
63	63	34 Section 47LL. Any individual policy of accident or sickness insurance issued pursuant to
64	64	35this chapter shall provide coverage at no cost for medically necessary epinephrine injectors for
65	65	36individuals under 18 years of age for the appropriate weight-based dosage of epinephrine
66	66	37injectors.
67	67	38 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
68	68	39injector approved by the United States Food and Drug Administration for the administration of
69	69	40epinephrine and a pre-filled syringe approved by the United States Food and Drug
70	70	41Administration and used for the administration of epinephrine that contains a pre-measured dose
71	71	42of epinephrine that is equivalent to the dosages used in an auto-injector.
72	72	43 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
73	73	44subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
74	74	45the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
75	75	46years of age and older.
76	76	47 SECTION 4. (a) Chapter 176A of the General Laws is hereby amended by inserting after
77	77	48section 8MM the following section:-
78	78	49 Section 8NN. Any contract between a subscriber and the corporation under an individual
79	79	50group or hospital service plan that is delivered, issued or renewed within the commonwealth
80	80	51shall provide coverage at no cost for medically necessary epinephrine injectors for individuals
81	81	52under 18 years of age for the appropriate weight-based dosage of epinephrine injectors. 4 of 6
82	82	53 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
83	83	54injector approved by the United States Food and Drug Administration for the administration of
84	84	55epinephrine and a pre-filled syringe approved by the United States Food and Drug
85	85	56Administration and used for the administration of epinephrine that contains a pre-measured dose
86	86	57of epinephrine that is equivalent to the dosages used in an auto-injector.
87	87	58 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
88	88	59subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
89	89	60the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
90	90	61years of age and older.
91	91	62 SECTION 5. (a) Chapter 176B of the General Laws is hereby amended by inserting after
92	92	63section 4MM the following section:-
93	93	64 Section 4NN. (a) Any subscription certificate under an individual or group medical
94	94	65service agreement delivered, issued or renewed within the commonwealth shall provide coverage
95	95	66at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for
96	96	67the appropriate weight-based dosage of epinephrine injectors.
97	97	68 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
98	98	69injector approved by the United States Food and Drug Administration for the administration of
99	99	70epinephrine and a pre-filled syringe approved by the United States Food and Drug
100	100	71Administration and used for the administration of epinephrine that contains a pre-measured dose
101	101	72of epinephrine that is equivalent to the dosages used in an auto-injector.
102	102	73 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
103	103	74subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of 5 of 6
104	104	75the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
105	105	76years of age and older.
106	106	77 SECTION 6. (a) Chapter 176G of the General Laws is hereby amended by inserting after
107	107	78section 4EE the following section:-
108	108	79 Section 4FF. Any individual or group health maintenance contract shall provide coverage
109	109	80at no cost for medically necessary epinephrine injectors for individuals under 18 years of age for
110	110	81the appropriate weight-based dosage of epinephrine injectors.
111	111	82 (b) For purposes of this section, the term “epinephrine injector” shall mean an auto-
112	112	83injector approved by the United States Food and Drug Administration for the administration of
113	113	84epinephrine and a pre-filled syringe approved by the United States Food and Drug
114	114	85Administration and used for the administration of epinephrine that contains a pre-measured dose
115	115	86of epinephrine that is equivalent to the dosages used in an auto-injector.
116	116	87 (c) Coverage for epinephrine auto-injector 2-packs, under this section, shall not be
117	117	88subject to any deductible, co-insurance, or co-payment that exceeds $60 per supply, regardless of
118	118	89the amount or type of epinephrine needed to fill an insured person’s prescription for those 18
119	119	90years of age and older.
120	120	91 SECTION 7. (a) There shall be a commission within the executive office of health and
121	121	92human services for the purpose of studying and making recommendations relative to the
122	122	93manufacturing and pricing of dupilumab, omalizumab, and allergy immunotherapy shots,
123	123	94specifically the creation of generic versions. 6 of 6
124	124	95 (b) The commission shall consist of members from the secretary of health and human
125	125	96services, department of public health, center for health information and analysis, and the division
126	126	97of insurance.
127	127	98 (c) Members of the commission shall be appointed within 30 days of this act being
128	128	99effective. The commission shall meet not fewer than 6 times per calendar year.
129	129	100 (d) The commission shall submit an annual report by December 31 to the governor, the
130	130	101clerks of the house of representatives and the senate, and the joint committee on consumer
131	131	102protection and professional licensure. The report will be a public record.