Congress caps epinephrine costs at $60 for insured patients
H.R. 5139 — EPIPEN Act · Filed by Maxwell Frost (D-FL) · 1 cosponsor · Introduced Sep 4, 2025 · Referred to committee
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What it does
This bill requires health insurance plans to cover epinephrine delivery systems (EpiPens, nasal sprays, and similar devices) with no deductible and a maximum out-of-pocket cost of $60 per package of two devices. The requirement applies to group health plans, employer-sponsored insurance, and individual insurance policies. Plans may still charge higher costs for out-of-network providers.
Why we flagged it
The bill's operative mechanism is a price cap and deductible waiver for a specific essential medication class, designed to reduce out-of-pocket costs for patients with severe allergies. This is straightforward consumer protection legislation, not a hidden subsidy or regulatory carve-out.
What the text implies
- The $60 cap may incentivize insurers to negotiate lower wholesale prices with manufacturers, potentially reducing prices across the market beyond just the insured population.
- Out-of-network carve-out allows plans to charge higher costs for out-of-network epinephrine, which may disadvantage patients in rural areas or those without in-network access to these devices.
- The bill does not address the underlying manufacturer pricing or patent protections that have historically driven epinephrine costs upward, leaving structural price drivers untouched.
- Plans may respond by narrowing their formularies or restricting which epinephrine delivery systems are covered in-network, shifting patient choice toward specific products.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Ordinary people with severe allergies gain guaranteed affordable access to life-saving medication without deductible barriers, reducing financial obstacles to emergency treatment. The $60 cap is substantially lower than current market prices for epinephrine auto-injectors (typically $300–$600 per pair), making the medication accessible to more people who need it.
Who stands to gain
- patients with severe allergies (primary beneficiary)
- employers offering health plans (reduced employee out-of-pocket costs may improve retention and prod
Named in the bill
FDA, Johnson & Johnson (Mylan subsidiary, EpiPen manufacturer), Kaleo (Auvi-Q manufacturer), Adamis Pharmaceuticals (Symjepi manufacturer), group health plans, health insurance issuers, employers
Where it stands
1 cosponsor: 1 Democrats.
- Sep 4, 2025 — Introduced · Congress.gov: “Introduced in House”
- Sep 4, 2025 — Referred to House Committee on Ways and Means and House Committee on Education and Workforce · Congress.gov: “Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and…”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (5,596 characters) on Aug 17, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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