Affordable Insulin for the COVID–19 Emergency Act

I 117TH CONGRESS 1ST SESSION H. R. 2179 To amend title XVIII of the Social Security Act to eliminate cost-sharing with respect to coverage of insulin as a covered part D drug and associ- ated medical supplies and to provide mail order access to insulin and such supplies under the Medicare program during the COVID–19 emer- gency period. IN THE HOUSE OF REPRESENTATIVES MARCH 23, 2021 Ms. WATERS (for herself, Mr. GRIJALVA, Mr. MCGOVERN, Ms. NORTON, Ms. CHU, Ms. BARRAGA´N, Mr. BISHOP of Georgia, Mrs. WATSON COLEMAN, Mr. CARSON, Mr. COHEN, Ms. MCCOLLUM, Mr. MORELLE, Ms. JACKSON LEE, Ms. GARCIA of Texas, Mr. KHANNA, Ms. PRESSLEY, Mr. HAS- TINGS, Mrs. HAYES, Mr. MEEKS, Mr. SAN NICOLAS, Mr. PAYNE, Ms. TLAIB, Ms. ADAMS, Mr. THOMPSON of Mississippi, Ms. LEE of Cali- fornia, Mr. SUOZZI, Ms. SEWELL, Mr. BROWN, Ms. BASS, Mrs. LAW- RENCE, Mr. WELCH, Mr. TORRES of New York, Mr. DEFAZIO, Ms. UNDERWOOD, and Mr. KILDEE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to eliminate cost-sharing with respect to coverage of insulin as a covered part D drug and associated medical supplies and to provide mail order access to insulin and such supplies under the Medicare program during the COVID–19 emergency period. VerDate Sep 11 2014 01:02 May 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2179.IH H2179 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2179 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Affordable Insulin for 4 the COVID–19 Emergency Act’’. 5 SEC. 2. ELIMINATING COST-SHARING WITH RESPECT TO 6 COVERAGE OF INSULIN AS A COVERED PART 7 D DRUG AND ASSOCIATED MEDICAL SUP- 8 PLIES UNDER THE MEDICARE PROGRAM 9 DURING THE COVID–19 EMERGENCY PERIOD. 10 (a) IN GENERAL.—Section 1860D–2 of the Social 11 Security Act (42 U.S.C. 1395w–102) is amended— 12 (1) in subsection (b)— 13 (A) in paragraph (1)(A), by striking ‘‘The 14 coverage’’ and inserting ‘‘Subject to paragraph 15 (8), the coverage’’; 16 (B) in paragraph (2)— 17 (i) in subparagraph (A), by inserting 18 after ‘‘Subject to subparagraphs (C) and 19 (D)’’ the following: ‘‘and paragraph (8)’’; 20 (ii) in subparagraph (C)(i), by strik- 21 ing ‘‘paragraph (4)’’ and inserting ‘‘para- 22 graphs (4) and (8)’’; and 23 VerDate Sep 11 2014 01:02 May 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2179.IH H2179 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2179 IH (iii) in subparagraph (D)(i), by strik- 1 ing ‘‘paragraph (4)’’ and inserting ‘‘para- 2 graphs (4) and (8)’’; 3 (C) in paragraph (4)(A)(i), by striking 4 ‘‘The coverage’’ and inserting ‘‘Subject to para- 5 graph (8), the coverage’’; and 6 (D) by adding at the end the following new 7 paragraph: 8 ‘‘(8) ELIMINATION OF COST-SHARING FOR IN- 9 SULIN AND ASSOCIATED MEDICAL SUPPLIES DURING 10 THE COVID–19 EMERGENCY PERIOD.—The coverage 11 does not impose any deductible, copayment, coinsur- 12 ance, or other cost-sharing for insulin (as described 13 in subparagraph (B) of subsection (e)(1)) or medical 14 supplies associated with the injection of insulin (as 15 described in such subparagraph) during the emer- 16 gency period described in section 1135(g)(1)(B).’’; 17 and 18 (2) in subsection (c), by adding at the end the 19 following new paragraph: 20 ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR 21 CERTAIN COVERED PART D DRUGS DURING THE 22 COVID–19 EMERGENCY PERIOD.—The coverage is in 23 accordance with subsection (b)(8).’’. 24 VerDate Sep 11 2014 01:02 May 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2179.IH H2179 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2179 IH (b) ELIMINATION OF COST-SHARING FOR INSULIN 1 AND CERTAIN ASSOCIATED MEDICAL SUPPLIES FUR- 2 NISHED TO PART D ELIGIBLE INDIVIDUALS WHO ARE 3 SUBSIDY ELIGIBLE INDIVIDUALS.—Section 1860D–14(a) 4 of the Social Security Act (42 U.S.C. 1395w–114(a)) is 5 amended— 6 (1) in paragraph (1)— 7 (A) in subparagraph (D)— 8 (i) in clause (ii), by striking ‘‘In the 9 case of’’ and inserting ‘‘Subject to sub- 10 paragraph (F), in the case of’’; and 11 (ii) in clause (iii), by striking ‘‘In the 12 case of’’ and inserting ‘‘Subject to sub- 13 paragraph (F), in the case of’’; and 14 (B) by adding at the end the following new 15 subparagraph: 16 ‘‘(F) ELIMINATION OF COST-SHARING FOR 17 CERTAIN COVERED PART D DRUGS DURING THE 18 COVID–19 EMERGENCY PERIOD.—Coverage that 19 is in accordance with section 1860D–2(b)(8).’’; 20 and 21 (2) in paragraph (2)— 22 (A) in subparagraph (D), by striking ‘‘The 23 substitution’’ and inserting ‘‘Subject to sub- 24 paragraph (F), the substitution’’; 25 VerDate Sep 11 2014 01:02 May 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2179.IH H2179 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2179 IH (B) in subparagraph (E), by inserting 1 after ‘‘Subject to’’ the following: ‘‘subparagraph 2 (F) and’’; and 3 (C) by adding at the end the following new 4 subparagraph: 5 ‘‘(F) ELIMINATION OF COST-SHARING FOR 6 CERTAIN COVERED PART D DRUGS DURING THE 7 COVID–19 EMERGENCY PERIOD.—Coverage that 8 is in accordance with section 1860D–2(b)(8).’’. 9 SEC. 3. MAIL ORDER ACCESS OF INSULIN AND ASSOCIATED 10 MEDICAL SUPPLIES UNDER THE MEDICARE 11 PROGRAM DURING THE COVID–19 EMER- 12 GENCY PERIOD. 13 Section 1860D–4(b)(4)(A) of the Social Security Act 14 (42 U.S.C. 1395w–104(b)(4)(A)) is amended— 15 (1) by striking ‘‘subject to subparagraph (B)’’ 16 and inserting ‘‘subject to subparagraphs (B) and 17 (C)’’; and 18 (2) by adding at the end the following new sub- 19 paragraph: 20 ‘‘(C) MAIL ORDER.—A prescription drug 21 plan or MA–PD plan shall permit such part D 22 eligible individual enrolled in such plan to ob- 23 tain such fill or refill of insulin (as described in 24 subparagraph (B) of section 1860D–2(e)(1)) or 25 VerDate Sep 11 2014 01:02 May 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2179.IH H2179 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2179 IH medical supplies associated with the injection of 1 insulin (as described in such subparagraph), at 2 the option of such individual, by mail order to 3 the home of such individual.’’. 4 Æ VerDate Sep 11 2014 01:02 May 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2179.IH H2179 pbinns on DSKJLVW7X2PROD with BILLS