44-7,121.

Coverage for epinephrine injectors; requirements.

(1)(a) Except as provided in subdivision (b) of this subsection, beginning January 1, 2026, and notwithstanding section 44-3,131, (i) any individual or group sickness and accident insurance policy or subscriber contract delivered, issued for delivery, or renewed in this state and any hospital, medical, or surgical expense-incurred policy, except for policies that provide coverage for a specified disease or other limited-benefit coverage, and (ii) any self-funded employee benefit plan to the extent not preempted by federal law, which provides coverage for medically necessary epinephrine injectors shall limit the total amount that a covered individual is required to pay for a two-pack of medically necessary epinephrine injectors at an amount not to exceed sixty dollars, regardless of the type of epinephrine injector.

(b) If the requirement described in subdivision (a) of this subsection would result in the ineligibility of a health savings account under section 223 of the Internal Revenue Code, such requirement for such health savings account shall only apply after the enrollee has satisfied the minimum deductible under section 223 of the Internal Revenue Code, except that for items or services that are preventive care pursuant to section 223(c)(2)(C) of the Internal Revenue Code, such requirement shall apply regardless of whether the minimum deductible under section 223 of the Internal Revenue Code has been satisfied.

(2) Nothing in this section prevents a policy, contract, or plan from reducing the total amount that a covered individual is required to pay for each covered medically necessary epinephrine injector to an amount less than the maximum specified in subsection (1) of this section.