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Utah House passes insulin access bill allowing emergency pharmacist dispensing and bulk purchasing

Utah House of Representatives · February 25, 2020
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Summary

The Utah House on Feb. 25, 2020, passed House Bill 207 to increase insulin access by allowing pharmacists to dispense emergency supplies (up to 90 days), creating a bulk‑purchasing option tied to the state plan, and offering insurer incentives; the bill passed 69-3 and will go to the Senate.

The Utah House on Feb. 25 passed House Bill 207, a package of measures intended to ease insulin access and reduce out‑of‑pocket costs for people with diabetes.

Sponsor Representative Thurston told members the bill responds to widespread rationing, saying an estimated 50,000 Utahns "ration the insulin because they can't get enough" mostly for cost reasons. The bill’s provisions include allowing pharmacists to dispense an emergency supply of insulin for up to 90 days to patients currently taking insulin, establishing a bulk‑purchasing program that can extend the state public employees health program (PEHP) discount to other purchasers, permitting pharmacists to substitute insulin products in certain circumstances, and creating incentives for insurers to offer low‑cost coverage options.

Thurston said the bulk‑purchasing program builds on the purchasing power already available to some plans and could leverage steep discounts: "Right now the state's public employees health program purchase insulin at a 75% discount off retail price. At no cost to the state, we can allow anybody living in our state to benefit from that same contracted discount rate." He added that the bill is designed to address not only price but access problems at the pharmacy (expired prescriptions, wrong brand, lack of refills) by allowing emergency dispensing.

Members pressed the sponsor on whether the bill imposes co‑pay caps and how any caps would affect other insured people. Representative Quinn asked about a hard cap on co‑pays; Thurston described four statutory pathways for plans: a default cap, a plan option that covers at least one insulin product under the lowest tier with no deductible, a pathway that ties benefits to PEHP pricing, and a waiver process through the department if insurers can demonstrate an alternative low‑cost design. Thurston said those options aim to preserve insurer flexibility while expanding low‑cost choices.

Supporters said the bill balances consumer protection with market flexibility. Representative Ward praised provisions that let pharmacists substitute clinically equivalent insulin formulations and test strips to avoid gaps in therapy. Opponents raised concerns about whether co‑pay caps shift costs to other insured members, a point addressed in sponsor explanation about preserving purchasing leverage to negotiate net prices with manufacturers.

The House adopted the second substitute and the bill passed on a 69-3 vote; it will be transmitted to the Senate for further consideration.