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Emergency Access to Insulin Act of 2023
12/20/2024, 9:06 AM
Summary of Bill HR 3134
The Emergency Access to Insulin Act of 2023 would require the Department of Health and Human Services to establish a program that provides emergency access to insulin for individuals who are unable to afford their medication. This program would allow individuals to receive a limited supply of insulin at no cost in emergency situations, such as when they are unable to afford their medication or when they have run out of insulin and cannot wait for a refill.
The bill also includes provisions to ensure that individuals who receive emergency access to insulin are connected with resources to help them obtain affordable long-term access to the medication. This could include assistance with enrolling in insurance programs, accessing patient assistance programs, or connecting with community resources that provide affordable insulin. Overall, the Emergency Access to Insulin Act of 2023 aims to address the immediate need for insulin among individuals who are unable to afford their medication, while also working to address the underlying issue of high insulin costs. By providing emergency access to insulin and connecting individuals with resources for long-term access, this bill seeks to ensure that individuals with diabetes can manage their condition effectively and avoid serious health complications.
Congressional Summary of HR 3134
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’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’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.

