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Emergency Insulin Access, Price Control, and Reduced Drug Exclusivity

This Act establishes state-level Insulin Assistance Programs to provide no-cost insulin access to uninsured and underinsured individuals. It introduces financial penalties (excise tax) on manufacturers who implement price hikes above inflation that are not justified by production costs. Furthermore, it reduces the market exclusivity period for biological products from 12 to 7 years.
Key points
Uninsured and underinsured individuals can receive insulin at no cost through state-issued insulin cards.
For those with high-deductible plans, payments made by the assistance program for insulin must count toward their annual deductible and out-of-pocket maximums.
Insulin manufacturers face a new excise tax if they raise prices significantly faster than the rate of inflation (price spike).
The market exclusivity period for biological products is shortened from 12 years to 7 years.
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Additional Information
Print number: 118_S_1497
Sponsor: Sen. Smith, Tina [D-MN]
Process start date: 2023-05-09