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Legislation Increases Access To EpiPen Alternatives

New York State Senate Health Committee Chairman Kemp Hannon (R-C-I, Nassau) announced the introduction of new legislation (S8189) to ensure access to affordable EpiPen alternatives following a 400-percent price increase for the popular brand-name allergy medication.

“Given the recent unconscionable price increases of EpiPens by Mylan Pharmaceutical, we must look to more affordable alternatives for families dealing with allergies,” said Hannon. “Last month I wrote the attorney general asking that he pursue all actions against Mylan, and I am pleased he has responded with his announcement that he will begin an official investigation to put an end to the way they are taking advantage of New Yorkers. While that legal process is ongoing, the new legislation I introduced last week would also help address this costly problem by ensuring families have better access to epinephrine.”

The EpiPen is an auto-injector filled with the inexpensive generic drug epinephrine administered to an individual suffering anaphylaxis. Mylan Pharmaceutical acquired EpiPen in 2007 and has continuously raised the price, with a list price now exceeding $600 for a package of two EpiPens. Mylan recently announced it would release a generic of the EpiPen for $300, which is still more than three times the price of the EpiPen when they acquired it. Given that individuals need multiple EpiPens for home, school, daycare, work and travel, and the fact that they expire after a year, Hannon called the current price “exorbitant.”

“There are less expensive alternatives out there that many people are unaware of,” Hannon explained. “Mylan has spent billions of dollars making EpiPen a household name synonymous with epinephrine, but there are lesser known products such as generic Adrenaclick which can be purchased for approximately $140 for a two-pack.”

Adrenaclick is also an epinephrine auto-injector. The difference between EpiPen and Adrenaclick is in the injector itself. Adrenaclick has two caps, while EpiPen has one. Due to the difference in injector technology, the products are technically two different drugs which prevent a pharmacist from substituting one for another. Since there is technically no alternate version of the EpiPen, a pharmacist could not substitute generic Adrenaclick if the prescriber issued a prescription specifically for an EpiPen. However, if the prescriber were to issue a prescription for an epinephrine auto-injector, the pharmacist could dispense the less expensive version.

“Many prescribers are unaware of alternatives or unaware of the fact that a prescription written for an EpiPen cannot be substituted for a less costly alternative. Likewise families are often unaware of alternatives and do not know to ask their doctor for a prescription for an epinephrine auto-injector rather than an EpiPen,” said Hannon.

Hannon’s legislation authorizes a pharmacist to dispense a generic epinephrine auto-injector under a brand-specific prescription without having to obtain a new prescription from the prescriber.

“Under my bill, a family can request and a pharmacist can dispense the less expensive generic version of epinephrine auto-injector regardless of whether the prescriber says EpiPen or epinephrine,” said Hannon. “We cannot let technicalities in the law prevent families from having this option. To the extent safe and effective alternatives are available, they should be an option.”

The Allergy Advocacy Association fully supports Hannon’s legislation, stating, “Access to life-saving epinephrine is a critical public health issue that must be addressed at all levels of government. Epinephrine Auto Injector (EAI) devices must be made affordable to all families with individuals at risk for anaphylaxis. We commend Senator Kemp Hannon for his leadership role on this crucial initiative and encourage its enactment into law.”

—Submitted by the Office of Sen. Kemp Hannon