# Emergency Access to Insulin Act of 2023

This bill creates a federal program to help people who can't afford insulin get the medication they need. The government would give grants to states, Native American tribes, and tribal organizations to set up insulin assistance programs that provide free insulin to eligible people through participating pharmacies.

Here's how it would work in practice: If you need insulin but don't have insurance or have a high-deductible health plan that makes insulin too expensive, you could apply for an "insulin card" through your state or local tribal program. After submitting an application with proof of residency (or tribal membership), a prescription for insulin, and a statement that you're uninsured or underinsured, you'd get an initial card within five business days good for about a week's worth of insulin at no cost to you. Within two weeks, if you qualify, you'd receive a three-month insulin card that you could use at participating pharmacies. The state or tribe would then pay the pharmacy directly for the insulin you receive.

The bill requires states and tribes to match federal funding—putting in at least one dollar for every three dollars the federal government provides. It also limits how much of the grant money can go toward administrative costs (no more than 10 percent) and requires participating states and tribes to make the program available statewide. Importantly, the program wouldn't pay for insulin if someone's insurance or another program is already covering it, except in cases where someone has a high-deductible health plan with a very high out-of-pocket cost.

Emergency Access to Insulin Act of 2023

Craig, Angie

Emergency Access to Insulin Act of 2023 This bill reduces the marketing exclusivity period for biological drug products from 12 to 7 years and establishes policies and programs designed to increase access to prescription insulin. Specifically, the bill requires the Department of Health and Human Services (HHS) to award grants to states to create insulin card programs, which provide uninsured or underinsured individuals with insulin at no cost for specified time periods. Payments for insulin prescriptions made through the program must count toward an underinsured individual&rsquo;s health plan deductible or other out-of-pocket expenses required under the plan. Further, HHS must collect annual fees from insulin manufacturers, based on each manufacturer&rsquo;s market share, equal to the total estimated expenditures under the insulin grants program. Subject to certain exceptions, the bill also establishes an excise tax on insulin manufacturers when the price of an insulin product spikes. The tax amount is a specified percentage of the revenue a manufacturer received as a result of the price spike. The tax amount increases in tiers based on the percentage of the price spike for that product.