HouseH.R. 10227119th Congress

INSULIN Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10227 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10227

To reduce the price of insulin and provide for patient protections with 
                    respect to the cost of insulin.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 2, 2026

     Ms. DeGette (for herself, Mrs. Miller-Meeks, Ms. Schrier, Mr. 
  Bresnahan, and Ms. Craig) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
 the Committees on Ways and Means, and Education and Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To reduce the price of insulin and provide for patient protections with 
                    respect to the cost of insulin.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Needed Safeguards for 
Users of Lifesaving Insulin Now Act of 2026'' or the ``INSULIN Act of 
2026''.

SEC. 2. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN INSULIN 
              PRODUCTS.

    (a) In General.--Subpart II of part A of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at 
the end the following:

``SEC. 2729A. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN 
              INSULIN PRODUCTS.

    ``(a) In General.--For plan years beginning on or after January 1, 
2028, a group health plan or health insurance issuer offering group or 
individual health insurance coverage shall provide coverage of selected 
insulin products, and with respect to such products, shall not--
            ``(1) apply any deductible; or
            ``(2) impose any cost-sharing requirements in excess of, 
        per 30-day supply--
                    ``(A) for any applicable plan year beginning before 
                January 1, 2028, $35; or
                    ``(B) for any plan year beginning on or after 
                January 1, 2028, the lesser of--
                            ``(i) $35; or
                            ``(ii) the amount equal to 25 percent of 
                        the negotiated price of the selected insulin 
                        product net of all price concessions received 
                        by or on behalf of the plan or issuer, 
                        including price concessions received by or on 
                        behalf of third-party entities providing 
                        services to the plan or issuer, such as 
                        pharmacy benefit management services or third 
                        party administrators.
    ``(b) Definitions.--In this section:
            ``(1) Selected insulin products.--The term `selected 
        insulin products' means, for any plan year beginning on or 
        after January 1, 2028, at least one of each dosage form and 
        delivery device (such as vial, pen, inhaler dosage forms, or 
        such other delivery devices approved by the Secretary) of each 
        different type (such as rapid-acting, short-acting, 
        intermediate-acting, long-acting, and pre-mixed) of insulin, 
        when such form is licensed and marketed, as selected by the 
        group health plan or health insurance issuer.
            ``(2) Insulin.--The term `insulin' means insulin that is 
        licensed under subsection (a) or (k) of section 351, including 
        insulin deemed to be licensed under section 351 pursuant to 
        section 7002(e)(4) of the Biologics Price Competition and 
        Innovation Act of 2009, and continues to be marketed pursuant 
        to such licensure.
    ``(c) Out-of-Network Providers.--Nothing in this section requires a 
plan or issuer that has a network of providers to provide benefits for 
selected insulin products described in this section that are delivered 
by an out-of-network provider, or precludes a plan or issuer that has a 
network of providers from imposing higher cost-sharing than the levels 
specified in subsection (a) for selected insulin products described in 
this section that are delivered by an out-of-network provider if 
permitted under applicable law.
    ``(d) Rules of Construction.--Subsection (a) shall not be construed 
to--
            ``(1) require coverage of, or prevent a group health plan 
        or health insurance issuer from imposing cost-sharing other 
        than the levels specified in subsection (a) on, insulin that is 
        not a selected insulin product, to the extent that such 
        coverage is not otherwise required and such cost-sharing is 
        otherwise permitted under Federal and applicable State law; or
            ``(2) permit a group health plan or health insurance issuer 
        to pay any amount in excess of the amount specified under 
        section (a)(2) to an entity providing pharmaceutical benefit 
        management services, a provider, or a pharmaceutical 
        manufacturer with respect to the provision of selected insulin 
        products.
    ``(e) Application of Patient Protections.--The provisions of this 
title shall apply to selected insulin product benefits described in 
subsection (a) as though such benefits were required to be provided 
under section 2707(a).
    ``(f) Other Requirements.--A group health plan or health insurance 
issuer offering group or individual health insurance coverage shall not 
impose, directly or through an entity providing services to the plan or 
coverage, any prior authorization or medical management requirement, or 
other similar conditions, on selected insulin products, except as 
clinically justified for safety reasons, to ensure reasonable quantity 
limits, and as specified by the Secretary.''.
    (b) No Effect on Other Cost-Sharing.--Section 1302(d)(2) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(2)) is 
amended by adding at the end the following new subparagraph:
                    ``(D) Special rule relating to insulin coverage.--
                For plans years beginning on or after January 1, 2028, 
                the exemption of coverage of selected insulin products 
                (as defined in section 2729A of the Public Health 
                Service Act) from the application of any deductible 
                pursuant to section 2729(a)(1) of such Act, shall not 
                be treated as increasing the actuarial value of a plan 
                when determining the actuarial value of a qualified 
                health plan under this subsection.''.
    (c) Coverage of Certain Insulin Products Under Catastrophic 
Plans.--Section 1302(e) of the Patient Protection and Affordable Care 
Act (42 U.S.C. 18022(e)) is amended by adding at the end the following:
            ``(4) Coverage of certain insulin products.--
                    ``(A) In general.--Notwithstanding paragraph 
                (1)(B)(i), for plan years beginning on or after January 
                1, 2028, a health plan described in paragraph (1) shall 
                provide coverage of selected insulin products, in 
                accordance with section 2729A of the Public Health 
                Service Act, before an enrolled individual has 
                incurred, during the plan year, cost-sharing expenses 
                in an amount equal to the annual limitation in effect 
                under subsection (c)(1) for the plan year.
                    ``(B) Terminology.--For purposes of subparagraph 
                (A)--
                            ``(i) the term `selected insulin products' 
                        has the meaning given such term in section 
                        2729A(b) of the Public Health Service Act; and
                            ``(ii) the requirements of section 2729A of 
                        such Act shall be applied by deeming each 
                        reference in such section to `individual health 
                        insurance coverage' to be a reference to a plan 
                        described in paragraph (1).''.
    (d) Conforming Amendments.--
            (1) ERISA.--Section 715(a)(1) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1185d(a)(1)) is amended 
        by inserting ``and the INSULIN Act of 2026'' after ``Affordable 
        Care Act''.
            (2) IRC.--Section 9815(a)(1) of the Internal Revenue Code 
        of 1986 is amended by inserting ``and the INSULIN Act of 2026'' 
        after ``Affordable Care Act''.

SEC. 3. ADMINISTRATION.

    (a) Implementation.--Notwithstanding any other provision of law, 
the Secretary of Health and Human Services, the Secretary of Labor, and 
the Secretary of the Treasury may implement the provisions of, 
including the amendments made by, this title for plan years that begin 
on or after January 1, 2028, and end not later than January 1, 2030, by 
subregulatory guidance, program instruction, or otherwise.
    (b) Non-Application of the Paperwork Reduction Act.--Chapter 35 of 
title 44, United States Code (commonly referred to as the ``Paperwork 
Reduction Act of 1995''), shall not apply to the provisions of, 
including the amendments made by, this title.

SEC. 4. GAO STUDY ON UNINSURED INDIVIDUALS WHO USE INSULIN.

    The Comptroller General of the United States shall conduct a study, 
in consultation with patient, clinical, and provider groups and other 
experts, and not later than 2 years after the date of enactment of this 
Act, issue a report, on the characteristics of uninsured individuals 
who use insulin. Such study and report shall, to the extent data is 
available, include consideration of--
            (1) any States or regions in which there is a higher 
        prevalence of such individuals;
            (2) any identifiable potential reasons for uninsured 
        status;
            (3) demographic characteristics of such individuals, such 
        as race and ethnicity; and
            (4) income level of such individuals.

SEC. 5. INSULIN RESOURCE CENTER AND HOTLINE FOR UNINSURED INDIVIDUALS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall award a grant 
to an eligible entity for purposes of--
            (1) establishing and maintaining a resource center of 
        assistance programs offered by manufactures or other entities 
        that are available to uninsured individuals seeking affordable 
        insulin; and
            (2) conducting the public education activities described in 
        subsection (c)(7).
    (b) Eligible Entities.--To be eligible to receive the grant under 
subsection (a), an entity shall--
            (1) be a trade, industry, or professional association, 
        community- and consumer-focused nonprofit entity, or other 
        entity, as determined by the Secretary that--
                    (A) is capable of carrying out the duties described 
                in subsection (c);
                    (B) meets the standards described in subsection 
                (e); and
                    (C) provides information consistent with the 
                standards developed under subsection (f); and
            (2) submit an application to the Secretary, at such time, 
        in such manner, and containing such information as the 
        Secretary may require, including information demonstrating that 
        the entity--
                    (A) has existing relationships, or could readily 
                establish relationships, with consumers (including 
                uninsured individuals), health care providers, 
                manufacturers of insulin, social service providers, 
                pharmacies, and other experts that the Secretary 
                determines appropriate, to meet the goals of this 
                section; and
                    (B) has, or will establish, partnerships with, and 
                solicit feedback from, other entities in other 
                industries, professional associations, and community- 
                and consumer-focused nonprofit organizations, to meet 
                the goals of this section.
    (c) Duties.--An entity that receives a grant under this section 
shall--
            (1) distribute fair and impartial information concerning 
        eligibility for manufacturer, foundational, and other 
        assistance programs available to patients seeking affordable 
        insulin;
            (2) facilitate enrollment in manufacturer assistance 
        programs or other assistance programs for uninsured 
        individuals;
            (3) make available to the public, through a standardized 
        website, a clearinghouse of support available to patients, 
        including--
                    (A) a link to Federally-qualified health centers 
                and other providers, by ZIP Code;
                    (B) a link to retail community pharmacies, by ZIP 
                Code; and
                    (C) information about how to enroll in health 
                insurance;
            (4) provide information in a manner that is culturally and 
        linguistically appropriate;
            (5) establish a hotline through which individuals may reach 
        experts with questions about access to insulin, and that--
                    (A) is a 24/7 real-time hotline;
                    (B) provides voice and text support; and
                    (C) is staffed by navigators or licensed health 
                care professionals;
            (6) provide guidance to hospitals on how to share the 
        website and hotline with patients; and
            (7) conduct public education activities, in collaboration 
        with the Department of Health and Human Services, to raise 
        awareness of the availability of all manufacturer, 
        foundational, and other assistance programs available to 
        patients seeking affordable insulin, with a focus on uninsured 
        individuals; including by--
                    (A) partnering with community health centers, 
                hospitals, retail community pharmacies, and community-
                based organizations with a focus on access to 
                affordable medicine; and
                    (B) working with State and local health departments 
                to target the programs carried out using the grant to 
                underserved communities.
    (d) Duties of the Secretary.--The Secretary shall--
            (1) ensure adequate maintenance of the resource center 
        established by the entity receiving a grant under subsection 
        (a);
            (2) publicize such resource center on the website of the 
        Department of Health and Human Services and across Federal 
        agencies, as the Secretary determines appropriate; and
            (3) ensure that such resource center meets the standards 
        under subsection (e), and withdraw the grant and make an award 
        to a different eligible entity in the case that an eligible 
        entity fails to meet such standards.
    (e) Standards.--The Secretary shall establish standards for the 
resource center under this section, including provisions to ensure that 
the entity receiving a grant under this section is qualified to engage 
in the activities described in this section and to avoid conflicts of 
interest. Under such standards, such entity--
            (1) shall not--
                    (A) be a manufacturer of insulin products; or
                    (B) receive any consideration directly or 
                indirectly from any manufacturer of insulin products in 
                connection with the enrollment of any individuals in an 
                assistance program; and
            (2) shall provide information that is fair, accurate, and 
        impartial.
    (f) Data Collection and Evaluations.--The Secretary may collect 
data and conduct evaluations with respect to the services provided by 
the resource center described in this section for purposes of assessing 
the extent to which the provision of the services--
            (1) reduces out of pocket insulin costs for uninsured 
        individuals;
            (2) increases awareness of assistance programs or 
        foundational support available for uninsured individuals; and
            (3) improves utilization of the resources described in 
        paragraph (2) by uninsured individuals.
    (g) Reports to Congress.--The Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions and the Committee 
on Appropriations of the Senate and the Committee on Energy and 
Commerce and the Committee on Appropriations of the House of 
Representatives, and make publicly available, annual reports on the 
activities carried out under this section, including any changes in the 
availability or scope of assistance programs offered by insulin 
manufacturers and information about the number of individuals who use 
the resource center, including the website or hotline.
    (h) Definitions.--In this section--
            (1) the term ``assistance program'' means a program to 
        assist patients in obtaining a drug at a reduced cost, and 
        includes third-party payments, financial assistance, discounts, 
        product vouchers, and other reductions in out-of-pocket 
        expenses;
            (2) the term ``Federally-qualified health center'' has the 
        meaning given such term in section 1905(l)(2) of the Social 
        Security Act (42 U.S.C. 1396d(l)(2));
            (3) the term ``insulin'' means insulin that is licensed 
        under subsection (a) or (k) of section 351 of the Public Health 
        Service Act (42 U.S.C. 262) and continues to be marketed 
        pursuant to such licensure;
            (4) the term ``retail community pharmacy'' has the meaning 
        given such term in section 1927(k)(10) of the Social Security 
        Act (42 U.S.C. 1396r-8(k)(10)); and
            (5) the term ``uninsured individual'' means an individual 
        who is not enrolled in coverage under a Federal health care 
        program (as defined in section 1128B(f) of the Social Security 
        Act (42 U.S.C. 1320a-7b(f))), the health program established 
        under chapter 89 of title 5, United States Code, or a group 
        health plan or group health insurance coverage (as defined in 
        section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
        91)).
    (i) Funding.--To carry out this section, there are authorized to be 
appropriated $2,000,000 for each of fiscal years 2027 through 2032.

SEC. 6. EXPEDITING BIOSIMILAR COMPETITION.

    (a) In General.--Section 351(k) of the Public Health Service Act 
(42 U.S.C. 262(k)) is amended by adding at the end the following:
            ``(10) Expediting biosimilar competition.--
                    ``(A) In general.--The Secretary may, at the 
                request of the sponsor of an application under this 
                subsection for licensure of a biosimilar biological 
                product that is designated as a competitive biosimilar 
                biological product pursuant to subparagraph (B), 
                expedite the development and review of such application 
                under this subsection.
                    ``(B) Designation process.--
                            ``(i) Request.--The sponsor of an 
                        application under this subsection may request 
                        the Secretary to designate the drug as a 
                        competitive biosimilar biological product. A 
                        request for such designation may be made 
                        concurrently with, or during the 60-day period 
                        immediately prior to, the submission of a 
                        biosimilar biological product license 
                        application under this subsection.
                            ``(ii) Criteria.--A biosimilar biological 
                        product is eligible for designation as a 
                        competitive biosimilar biological product under 
                        this paragraph if the Secretary determines that 
                        there is inadequate biosimilar competition.
                            ``(iii) Designation.--Not later than 60 
                        calendar days after the receipt of a request 
                        under clause (i), the Secretary may--
                                    ``(I) determine whether the 
                                biosimilar biological product that is 
                                the subject of the request meets the 
                                criteria described in clause (ii); and
                                    ``(II) if the Secretary finds that 
                                such product meets such criteria, 
                                designate the biosimilar biological 
                                product as a competitive biosimilar 
                                biological product.
                    ``(C) Inadequate biosimilar competition.--In this 
                paragraph, the term `inadequate biosimilar competition' 
                means that, with respect to a biological product 
                licensed under subsection (a)--
                            ``(i) on the list published under paragraph 
                        (9)(A) (not including biological products on 
                        the discontinued section of such list), there 
                        are fewer than 3 biological products licensed 
                        under this subsection pursuant to an 
                        application that uses such biological product 
                        licensed under subsection (a) as a reference 
                        product; and
                            ``(ii) not less than 3 years have passed 
                        since the expiration of all exclusivity periods 
                        applicable to such biological product licensed 
                        under subsection (a), or applicable to a 
                        biosimilar biological product licensed under 
                        this subsection using such biological product 
                        licensed under subsection (a) as a reference 
                        product, including any exclusivity periods 
                        under--
                                    ``(I) paragraph (6);
                                    ``(II) paragraph (7)(A);
                                    ``(III) section 527 of the Federal 
                                Food, Drug, and Cosmetic Act; and
                                    ``(IV) subsection (m).''.
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