Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2636 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2636
55 To provide for appropriate cost-sharing for individuals 26 years of age or
66 younger for insulin products covered under private health plans.
77 IN THE HOUSE OF REPRESENTATIVES
88 APRIL3, 2025
99 Mr. L
1010 ANDSMAN(for himself, Ms. NORTON, Ms. DEANof Pennsylvania, Mr.
1111 M
1212 CGARVEY, Mr. THOMPSONof Mississippi, and Mr. GOTTHEIMER) intro-
1313 duced the following bill; which was referred to the Committee on Energy
1414 and Commerce, and in addition to the Committees on Ways and Means,
1515 and Education and Workforce, for a period to be subsequently deter-
1616 mined by the Speaker, in each case for consideration of such provisions
1717 as fall within the jurisdiction of the committee concerned
1818 A BILL
1919 To provide for appropriate cost-sharing for individuals 26
2020 years of age or younger for insulin products covered
2121 under private health plans.
2222 Be it enacted by the Senate and House of Representa-1
2323 tives of the United States of America in Congress assembled, 2
2424 SECTION 1. SHORT TITLE. 3
2525 This Act may be cited as the ‘‘Making Insulin Afford-4
2626 able for All Children Act’’. 5
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2929 •HR 2636 IH
3030 SEC. 2. APPROPRIATE COST-SHARING FOR INDIVIDUALS 26 1
3131 YEARS OF AGE OR YOUNGER FOR INSULIN 2
3232 PRODUCTS COVERED UNDER PRIVATE 3
3333 HEALTH PLANS. 4
3434 (a) I
3535 NGENERAL.—Part D of title XXVII of the Pub-5
3636 lic Health Service Act (42 U.S.C. 300gg–111 et seq.) is 6
3737 amended by adding at the end the following: 7
3838 ‘‘SEC. 2799A–11. REQUIREMENTS WITH RESPECT TO COST- 8
3939 SHARING FOR CERTAIN INSULIN PRODUCTS. 9
4040 ‘‘(a) I
4141 NGENERAL.—For plan years beginning on or 10
4242 after January 1, 2026, a group health plan or health in-11
4343 surance issuer offering group or individual health insur-12
4444 ance coverage shall, with respect to enrolled individuals 13
4545 26 years of age or younger, provide coverage of selected 14
4646 insulin products, and with respect to such products, shall 15
4747 not— 16
4848 ‘‘(1) apply any deductible; or 17
4949 ‘‘(2) impose any cost-sharing in excess of the 18
5050 lesser of, per 30-day supply— 19
5151 ‘‘(A) $35; or 20
5252 ‘‘(B) the amount equal to 25 percent of 21
5353 the negotiated price of the selected insulin prod-22
5454 uct net of all price concessions received by or on 23
5555 behalf of the plan or coverage, including price 24
5656 concessions received by or on behalf of third- 25
5757 party entities providing services to the plan or 26
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6161 coverage, such as pharmacy benefit manage-1
6262 ment services. 2
6363 ‘‘(b) D
6464 EFINITIONS.—In this section: 3
6565 ‘‘(1) S
6666 ELECTED INSULIN PRODUCTS .—The term 4
6767 ‘selected insulin products’ means at least one of each 5
6868 dosage form (such as vial, pump, or inhaler dosage 6
6969 forms) of each different type (such as rapid-acting, 7
7070 short-acting, intermediate-acting, long-acting, ultra 8
7171 long-acting, and premixed) of insulin (as defined 9
7272 below), when available, as selected by the group 10
7373 health plan or health insurance issuer. 11
7474 ‘‘(2) I
7575 NSULIN DEFINED.—The term ‘insulin’ 12
7676 means insulin that is licensed under subsection (a) 13
7777 or (k) of section 351 and continues to be marketed 14
7878 under such section, including any insulin product 15
7979 that has been deemed to be licensed under section 16
8080 351(a) pursuant to section 7002(e)(4) of the Bio-17
8181 logics Price Competition and Innovation Act of 2009 18
8282 and continues to be marketed pursuant to such li-19
8383 censure. 20
8484 ‘‘(c) R
8585 ULE OFCONSTRUCTION.—Subsection (a) shall 21
8686 not be construed to require coverage of, or prevent a group 22
8787 health plan or health insurance coverage from imposing 23
8888 cost-sharing other than the levels specified in subsection 24
8989 (a) on, insulin products that are not selected insulin prod-25
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9292 •HR 2636 IH
9393 ucts or insulin products for an individual not described 1
9494 in subsection (a), to the extent that such coverage is not 2
9595 otherwise required and such cost-sharing is otherwise per-3
9696 mitted under Federal and applicable State law. 4
9797 ‘‘(d) A
9898 PPLICATION OF COST-SHARINGTOWARDS 5
9999 D
100100 EDUCTIBLES AND OUT-OF-POCKETMAXIMUMS.—Any 6
101101 cost-sharing payments made pursuant to subsection (a)(2) 7
102102 shall be counted toward any deductible or out-of-pocket 8
103103 maximum that applies under the plan or coverage.’’. 9
104104 (b) N
105105 OEFFECT ONOTHERCOST-SHARING.—Section 10
106106 1302(d)(2) of the Patient Protection and Affordable Care 11
107107 Act (42 U.S.C. 18022(d)(2)) is amended by adding at the 12
108108 end the following new subparagraph: 13
109109 ‘‘(D) S
110110 PECIAL RULE RELATING TO INSU -14
111111 LIN COVERAGE.—The exemption of coverage of 15
112112 selected insulin products (as defined in section 16
113113 2799A–11(b) of the Public Health Service Act) 17
114114 from the application of any deductible pursuant 18
115115 to section 2799A–11(a)(1) of such Act, section 19
116116 726(a)(1) of the Employee Retirement Income 20
117117 Security Act of 1974, or section 9826(a)(1) of 21
118118 the Internal Revenue Code of 1986 shall not be 22
119119 considered when determining the actuarial value 23
120120 of a qualified health plan under this sub-24
121121 section.’’. 25
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124124 •HR 2636 IH
125125 (c) COVERAGE OF CERTAININSULINPRODUCTS 1
126126 U
127127 NDERCATASTROPHICPLANS.—Section 1302(e) of the 2
128128 Patient Protection and Affordable Care Act (42 U.S.C. 3
129129 18022(e)) is amended by adding at the end the following: 4
130130 ‘‘(4) C
131131 OVERAGE OF CERTAIN INSULIN PROD -5
132132 UCTS.— 6
133133 ‘‘(A) I
134134 N GENERAL.—Notwithstanding para-7
135135 graph (1)(B)(i), a health plan described in 8
136136 paragraph (1) shall provide coverage of selected 9
137137 insulin products, with respect to an enrolled in-10
138138 dividual who is 26 years of age or younger, in 11
139139 accordance with section 2799A–11 of the Public 12
140140 Health Service Act, before the enrolled indi-13
141141 vidual has incurred, during the plan year, cost- 14
142142 sharing expenses in an amount equal to the an-15
143143 nual limitation in effect under subsection (c)(1) 16
144144 for the plan year. 17
145145 ‘‘(B) T
146146 ERMINOLOGY.—For purposes of 18
147147 subparagraph (A)— 19
148148 ‘‘(i) the term ‘selected insulin prod-20
149149 ucts’ has the meaning given such term in 21
150150 section 2799A–11(b) of the Public Health 22
151151 Service Act; and 23
152152 ‘‘(ii) the requirements of section 24
153153 2799A–11 of such Act shall be applied by 25
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156156 •HR 2636 IH
157157 deeming each reference in such section to 1
158158 ‘individual health insurance coverage’ to be 2
159159 a reference to a plan described in para-3
160160 graph (1).’’. 4
161161 (d) ERISA.— 5
162162 (1) I
163163 N GENERAL.—Subpart B of part 7 of sub-6
164164 title B of title I of the Employee Retirement Income 7
165165 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 8
166166 amended by adding at the end the following: 9
167167 ‘‘SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHAR-10
168168 ING FOR CERTAIN INSULIN PRODUCTS. 11
169169 ‘‘(a) I
170170 NGENERAL.—For plan years beginning on or 12
171171 after January 1, 2026, a group health plan or health in-13
172172 surance issuer offering group health insurance coverage 14
173173 shall, with respect to enrolled individuals 26 years of age 15
174174 or younger, provide coverage of selected insulin products, 16
175175 and with respect to such products, shall not— 17
176176 ‘‘(1) apply any deductible; or 18
177177 ‘‘(2) impose any cost-sharing in excess of the 19
178178 lesser of, per 30-day supply— 20
179179 ‘‘(A) $35; or 21
180180 ‘‘(B) the amount equal to 25 percent of 22
181181 the negotiated price of the selected insulin prod-23
182182 uct net of all price concessions received by or on 24
183183 behalf of the plan or coverage, including price 25
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186186 •HR 2636 IH
187187 concessions received by or on behalf of third- 1
188188 party entities providing services to the plan or 2
189189 coverage, such as pharmacy benefit manage-3
190190 ment services. 4
191191 ‘‘(b) D
192192 EFINITIONS.—In this section: 5
193193 ‘‘(1) S
194194 ELECTED INSULIN PRODUCTS .—The term 6
195195 ‘selected insulin products’ means at least one of each 7
196196 dosage form (such as vial, pump, or inhaler dosage 8
197197 forms) of each different type (such as rapid-acting, 9
198198 short-acting, intermediate-acting, long-acting, ultra 10
199199 long-acting, and premixed) of insulin (as defined 11
200200 below), when available, as selected by the group 12
201201 health plan or health insurance issuer. 13
202202 ‘‘(2) I
203203 NSULIN DEFINED.—The term ‘insulin’ 14
204204 means insulin that is licensed under subsection (a) 15
205205 or (k) of section 351 of the Public Health Service 16
206206 Act (42 U.S.C. 262) and continues to be marketed 17
207207 under such section, including any insulin product 18
208208 that has been deemed to be licensed under section 19
209209 351(a) of such Act pursuant to section 7002(e)(4) 20
210210 of the Biologics Price Competition and Innovation 21
211211 Act of 2009 (Public Law 111–148) and continues to 22
212212 be marketed pursuant to such licensure. 23
213213 ‘‘(c) R
214214 ULE OFCONSTRUCTION.—Subsection (a) shall 24
215215 not be construed to require coverage of, or prevent a group 25
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218218 •HR 2636 IH
219219 health plan or health insurance coverage from imposing 1
220220 cost-sharing other than the levels specified in subsection 2
221221 (a) on, insulin products that are not selected insulin prod-3
222222 ucts or insulin products for an individual not described 4
223223 in subsection (a), to the extent that such coverage is not 5
224224 otherwise required and such cost-sharing is otherwise per-6
225225 mitted under Federal and applicable State law. 7
226226 ‘‘(d) A
227227 PPLICATION OF COST-SHARINGTOWARDS 8
228228 D
229229 EDUCTIBLES AND OUT-OF-POCKETMAXIMUMS.—Any 9
230230 cost-sharing payments made pursuant to subsection (a)(2) 10
231231 shall be counted toward any deductible or out-of-pocket 11
232232 maximum that applies under the plan or coverage.’’. 12
233233 (2) C
234234 LERICAL AMENDMENT .—The table of con-13
235235 tents in section 1 of the Employee Retirement In-14
236236 come Security Act of 1974 (29 U.S.C. 1001 et seq.) 15
237237 is amended by inserting after the item relating to 16
238238 section 725 the following: 17
239239 ‘‘Sec. 726. Requirements with respect to cost-sharing for certain insulin prod-
240240 ucts.’’.
241241 (e) INTERNALREVENUECODE.— 18
242242 (1) I
243243 N GENERAL.—Subchapter B of chapter 19
244244 100 of the Internal Revenue Code of 1986 is amend-20
245245 ed by adding at the end the following new section: 21
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248248 •HR 2636 IH
249249 ‘‘SEC. 9826. REQUIREMENTS WITH RESPECT TO COST-SHAR-1
250250 ING FOR CERTAIN INSULIN PRODUCTS. 2
251251 ‘‘(a) I
252252 NGENERAL.—For plan years beginning on or 3
253253 after January 1, 2026, a group health plan shall, with re-4
254254 spect to enrolled individuals 26 years of age or younger, 5
255255 provide coverage of selected insulin products, and with re-6
256256 spect to such products, shall not— 7
257257 ‘‘(1) apply any deductible; or 8
258258 ‘‘(2) impose any cost-sharing in excess of the 9
259259 lesser of, per 30-day supply— 10
260260 ‘‘(A) $35; or 11
261261 ‘‘(B) the amount equal to 25 percent of 12
262262 the negotiated price of the selected insulin prod-13
263263 uct net of all price concessions received by or on 14
264264 behalf of the plan, including price concessions 15
265265 received by or on behalf of third-party entities 16
266266 providing services to the plan, such as phar-17
267267 macy benefit management services. 18
268268 ‘‘(b) D
269269 EFINITIONS.—In this section: 19
270270 ‘‘(1) S
271271 ELECTED INSULIN PRODUCTS .—The term 20
272272 ‘selected insulin products’ means at least one of each 21
273273 dosage form (such as vial, pump, or inhaler dosage 22
274274 forms) of each different type (such as rapid-acting, 23
275275 short-acting, intermediate-acting, long-acting, ultra 24
276276 long-acting, and premixed) of insulin (as defined 25
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279279 •HR 2636 IH
280280 below), when available, as selected by the group 1
281281 health plan. 2
282282 ‘‘(2) I
283283 NSULIN DEFINED.—The term ‘insulin’ 3
284284 means insulin that is licensed under subsection (a) 4
285285 or (k) of section 351 of the Public Health Service 5
286286 Act (42 U.S.C. 262) and continues to be marketed 6
287287 under such section, including any insulin product 7
288288 that has been deemed to be licensed under section 8
289289 351(a) of such Act pursuant to section 7002(e)(4) 9
290290 of the Biologics Price Competition and Innovation 10
291291 Act of 2009 (Public Law 111–148) and continues to 11
292292 be marketed pursuant to such licensure. 12
293293 ‘‘(c) R
294294 ULE OFCONSTRUCTION.—Subsection (a) shall 13
295295 not be construed to require coverage of, or prevent a group 14
296296 health plan from imposing cost-sharing other than the lev-15
297297 els specified in subsection (a) on, insulin products that are 16
298298 not selected insulin products or insulin products for an 17
299299 individual not described in subsection (a), to the extent 18
300300 that such coverage is not otherwise required and such 19
301301 cost-sharing is otherwise permitted under Federal and ap-20
302302 plicable State law. 21
303303 ‘‘(d) A
304304 PPLICATION OF COST-SHARINGTOWARDS 22
305305 D
306306 EDUCTIBLES AND OUT-OF-POCKETMAXIMUMS.—Any 23
307307 cost-sharing payments made pursuant to subsection (a)(2) 24
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310310 •HR 2636 IH
311311 shall be counted toward any deductible or out-of-pocket 1
312312 maximum that applies under the plan.’’. 2
313313 (2) C
314314 LERICAL AMENDMENT .—The table of sec-3
315315 tions for subchapter B of chapter 100 of such Code 4
316316 is amended by adding at the end the following new 5
317317 item: 6
318318 ‘‘Sec. 9826. Requirements with respect to cost-sharing for certain insulin prod-
319319 ucts.’’.
320320 (f) IMPLEMENTATION.—The Secretary of Health and 7
321321 Human Services, the Secretary of Labor, and the Sec-8
322322 retary of the Treasury may implement the provisions of, 9
323323 including the amendments made by, this subsection 10
324324 through sub-regulatory guidance, program instruction or 11
325325 otherwise. 12
326326 Æ
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