Legislation Signed to Cap Out-of-Pocket Costs For EpiPens; Also Requires Insurers to Cover

On Thursday afternoon, Governor Hochul signed legislation aimed at reducing the increasing costs of epinephrine auto-injectors, better known as EpiPen, devices for those who have commercial health insurance. The legislation also expands access to EpiPens by requiring insurers to cover EpiPens. Insurance companies also will not be allowed to charge their customers out-of-pockets costs of more than $100 for the lifesaving device.

“For people with severe allergies, immediate access to an Epi-Pen device can mean the difference between life and death,” Governor Hochul said. “When every second counts, the last thing New Yorkers should have to worry about is whether they can afford the medication they need to survive an anaphylactic reaction. By signing this bill, we are putting people over profit and giving New Yorkers peace of mind by ensuring equitable access to this lifesaving emergency treatment.”

EpiPens are used during life-threatening allergic reactions for individuals who are at risk or have a history of anaphylaxis. Reactions can come from insect bites/stings, foods, other medications, environmental factors, and more. 

The reasoning for the legislation to cap the cost of EpiPens was due to the skyrocketing increase in cost. According to the Governor’s Office, EpiPen devices have seen a 600% increase in price since the medication was acquired by Mylan back in 2007. The device at one point in time only cost $60. A two-pack today can cost up to $600. 

“Epi-Pens have a relatively short shelf-life, expiring after 12 months on average, requiring those in need to purchase the medication repeatedly. Adding to their expense, users of Epi-Pens are also advised to carry two devices at all times, as a single dose of epinephrine may not be enough to treat a serious allergic reaction.”

According to a release by the Governor’s Office.