HB 2708

                                               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
1 Providing for insurance coverage for epinephrine delivery
2    systems; and imposing duties on the Insurance Department.
3    The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1.   Short title.
6    This act shall be known and may be cited as the Affordable
7 Epinephrine Act.
8 Section 2.   Definitions.
9    The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12    "Cost sharing."   The following:
13(1)   The share of the health care costs covered by a
14    health insurance policy that an enrollee or covered
15    individual pays out of pocket.
16(2)   The term includes a deductible, coinsurance,
17    copayment or similar charge.
1(3)    The term does not include a premium, a balance
2    billed amount from an out-of-network provider or the cost of
3    a noncovered service.
4    "Department."   The Insurance Department of the Commonwealth.
5    "Epinephrine delivery system."       A single-use device used for
6 the automatic injection or administration of a premeasured dose
7 of epinephrine into the human body for the purpose of emergency
8 treatment of an individual appearing to experience anaphylactic
9 symptoms.
10    "Health insurance policy."    A policy, subscriber contract,
11 certificate or plan issued by an insurer that provides medical
12 or health care coverage. The term does not include any of the
13 following:
14(1)    An accident only policy.
15(2)    A credit only policy.
16(3)    A long-term care or disability income policy.
17(4)    A specified disease policy.
18(5)    A Medicare supplement policy.
19(6)    A TRICARE policy, including a Civilian Health and
20    Medical Program of the Uniformed Services (CHAMPUS)
21    supplement policy.
22(7)    A fixed indemnity policy.
23(8)    A hospital indemnity policy.
24(9)    A dental only policy.
25(10)    A vision only policy.
26(11)    A workers' compensation policy.
27(12)    An automobile medical payment policy under 75
28    Pa.C.S. (relating to vehicles).
29(13)    A homeowner's insurance policy.
30(14)    Any other similar policies providing for limited
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1    benefits.
2 Section 3.     Coverage requirement.
3    (a)   Epinephrine delivery systems.--A health insurance policy
4 offered, issued or renewed in this Commonwealth shall provide
5 coverage for at a minimum, two epinephrine delivery systems:
6(1)   prescribed by a health care provider; and
7(2)   at an amount not to exceed thirty-five dollars ($35)
8    annually regardless of the insured's deductible, copayment,
9    coinsurance or any other cost-sharing requirement.
10    (b)   Deductibles and coinsurance.--The coverage required
11 under subsection (a) may be subject to annual deductibles and
12 coinsurance as deemed appropriate by the Insurance Commissioner.
13    (c)   Construction.--Nothing in this section shall be
14 construed to prevent a health care group, general medical
15 service corporation or hospital service corporation from
16 reducing a covered individual's cost sharing to an amount that
17 is lower than the amount specified in subsection (a).
18 Section 4.     Investigation and report.
19    (a)   Department investigation.--The department shall
20 investigate pricing of epinephrine delivery systems to ensure
21 that adequate pricing of prescription epinephrine delivery
22 systems is achieved and to determine if additional consumer
23 protections are necessary. As part of the investigation, the
24 department shall gather, complete and analyze information
25 concerning business practices, pricing, data and other
26 information regarding epinephrine delivery systems
27 manufacturers' roles in the current prices of epinephrine
28 delivery systems.
29    (b)   Submission of report.--The department shall submit the
30 findings of the investigation under subsection (a) in a report
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1 to the General Assembly, which shall be made accessible to the
2 public no later than one year after the effective date of this
3 paragraph. The report shall include:
4(1)   A summary of epinephrine delivery system pricing
5    practices and factors that contribute to the pricing of
6    health insurance policies.
7(2)   Public policy recommendations to control and prevent
8    overpricing of prescription epinephrine delivery systems made
9    available to consumers in this Commonwealth.
10(3)   Any other information that the department finds
11    necessary to complete the report.
12 Section 5.   Regulations.
13    The department may promulgate regulations as necessary to
14 implement and enforce the maximum price established under
15 section 3(a).
16 Section 6.   Applicability.
17    This act shall apply as follows:
18(1)   For a health insurance policy for which either rates
19    or forms are required to be filed with the department, this
20    act shall apply to a policy for which a form or rate is first
21    filed on or after the effective date of this paragraph.
22(2)   For a health insurance policy for which neither
23    rates nor forms are required to be filed with the department,
24    this act shall apply to a policy issued or renewed on or
25    after 180 days from the effective date of this paragraph.
26 Section 7.   Effective date.
27    This act shall take effect in 60 days.
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