Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2347 Introduced / Fiscal Note

                    Division of the Budget 
Landon State Office Building 	Phone: (785) 296-2436 
900 SW Jackson Street, Room 504 	adam.c.proffitt@ks.gov 
Topeka, KS  66612 	http://budget.kansas.gov 
 
Adam Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
March 7, 2023 
 
 
 
 
The Honorable Brenda Landwehr, Chairperson 
House Committee on Health and Human Services 
300 SW 10th Avenue, Room 112-N 
Topeka, Kansas  66612 
 
Dear Representative Landwehr: 
 
 SUBJECT: Fiscal Note for HB 2347 by House Committee on Health and Human 
Services 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning HB 2347 is 
respectfully submitted to your committee. 
 
 HB 2347 would require every individual or group health insurance policy (or similar 
contract or plan) that provides coverage for accident and health services that is delivered, issued 
for delivery, amended, or renewed on or after January 1, 2024, to be required to provide coverage 
for prescription insulin drugs. The bill would limit the total amount that a covered person would 
be required to pay for a 30-day supply for all covered prescription insulin drugs, including any 
amount or type of insulin needed to fill a prescription, to $35 and all devices to $100. The 
Commissioner of Insurance and Secretary of Health and Environment would be required to adopt 
rules and regulations to implement the bill’s provisions.  
 
 The bill would establish the Insulin Affordability Program for the Uninsured (IAPU) on 
and after January 1, 2024. Prior to January 1, 2024, each manufacturer would be required to 
establish procedures to make insulin available to eligible individuals. HB 2347 outlines the 
requirements for individuals to participate in the IAPU. Additionally, the bill outlines the 
requirements for the Commissioner of Insurance and for pharmacies concerning the IAPU. The 
Commissioner could issue a fine of $10,000 on manufactures that do not comply with the bill’s 
provisions.  
 
 The Department of Administration estimates enactment of HB 2347 would increase costs 
to the State Employee Health Plan (SEHP) by $134,052 from special revenue funds in FY 2024 to 
provide the additional benefits. The estimate assumes a first-year annual cost increase of 
$268,104.  However, because the bill’s provisions concerning the $35 insulin cap and the $100  The Honorable Brenda Landwehr, Chairperson 
Page 2—HB 2347 
 
 
device cap would not go into effect until January 1, 2024, only half the annual cost would apply 
to FY 2024. Of the $134,052, $58,500 would be for the $35 insulin cap and $75,552 would be for 
the $100 device cap.  The Department indicates while SEHP members would benefit from lower 
prescription costs at a pharmacy, the cost of providing insulin drugs would be passed on to all 
covered members and employers in the form of increased SEHP plan contributions.  
 
 The Insurance Department states the bill’s enactment would create a new mandate and 
trigger state defrayal costs as it requires coverage for insulin and outlines specific types and 
categories of insulin that must be covered by health insurers; however, the Department cannot 
estimate an accurate fiscal effect at this time.  
 
 Both the Kansas Department of Health and Environment and the Board of Pharmacy 
indicate enactment of the bill would not have a fiscal effect on the operations of either agency. 
Any fiscal effect associated with HB 2347 is not reflected in The FY 2024 Governor’s Budget 
Report.  
 
 
 
 
 	Sincerely, 
 
 
 
 	Adam Proffitt 
 	Director of the Budget 
 
 
cc: Tamara Emery, Department of Administration 
 Bobbi Mariani, Insurance Department