and Human Services information with respect to 
such charges and the amount of the charges. 
‘‘(3) REPORT
TO
CONGRESS
BY
INSPECTOR 
GENERAL.—Beginning January 1, 2022, and annu-
ally thereafter, the Inspector General shall review 
the charges described in paragraph (2) and submit 
to Congress a report on such on review. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INSULIN.— 
‘‘(A) IN
GENERAL.—The term ‘insulin’ 
means a prescription drug containing insulin 
that is approved by the Food and Drug Admin-
istration to improve glycemic control in patients 
with diabetes mellitus (and may include any 
medical supplies included with such drug or as-
sociated with the injection of such drug). 
‘‘(B) EXCLUSION.—Such term does not in-
clude any medical supplies that provides for the 
monitoring of insulin levels. 
‘‘(2) LIST PRICE.—The term ‘list price’ has the 
meaning given the term wholesale acquisition cost in 
section 1847A(c)(6)(B) of the Social Security Act. 
‘‘(3) NET PRICE.—The term ‘net price’ means, 
with respect to prescription drug coverage under a 
group health plan, the list price of the drug net all 
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rebates, discounts, concessions, and other adjust-
ments applied to the cost paid by the group health 
plan, or by any other entity that provides pharmacy 
benefit management services under a contract with 
any such group health plan, regardless of whether 
such adjustments are prospective or retrospective. 
‘‘(4) PRESCRIPTION
DRUG.—The term ‘pre-
scription drug’ mean a drug, as defined in section 
201(g) of the Federal Food, Drug, and Cosmetic 
Act, that is subject to section 503(b)(1) of such 
Act.’’. 
(3) UNINSURED INDIVIDUALS.— 
(A) IN GENERAL.—Beginning on and after 
January 1, 2021, a pharmacy shall provide to 
any individual who has diabetes and is not en-
rolled in any health plan access to an insulin 
drug at the average net price for such drug 
published pursuant to subsection (a), plus the 
average charges for the distribution and dis-
pensing described in subparagraph (C) for such 
drug. 
(B) REVIEW
OF
CHARGES.—Beginning 
January 1, 2022, and annually thereafter, the 
Inspector General of the Department of Health 
and Human Services shall review the amount of 
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charges paid by an individual described in sub-
paragraph (A) and submit to Congress a report 
on such review. 
(C) CHARGES FOR DISTRIBUTING AND DIS-
PENSING.—For purposes of subparagraph (A), 
charges for distribution and dispensing de-
scribed in this subsection— 
(i) are charges associated with the 
transactions, with respect to an insulin 
drug, between wholesalers, distributors, re-
tailers, and pharmacies; and 
(ii) may not exceed 10 percent of the 
average net price of such an insulin drug. 
(D) DEFINITIONS.—In this section: 
(i) INSULIN.— 
(I) IN GENERAL.—The term ‘‘in-
sulin’’ means a prescription drug con-
taining insulin that is approved by the 
Food and Drug Administration to im-
prove glycemic control in patients with 
diabetes mellitus (and may include 
any medical supplies included with 
such drug or associated with the in-
jection of such drug). 
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(II) 
EXCLUSION.—Such 
term 
does not include any medical supplies 
that provides for the monitoring of in-
sulin levels. 
(ii) LIST
PRICE.—The term ‘‘list 
price’’ has the meaning given the term 
wholesale 
acquisition 
cost 
in 
section 
1847A(c)(6)(B) of the Social Security Act 
(42 U.S.C. 1395w–3a(c)(6)(B)). 
(iii) NET
PRICE.—The term ‘‘net 
price’’ means, with respect to prescription 
drug coverage under a group health plan, 
the list price of the drug net all rebates, 
discounts, concessions, and other adjust-
ments applied to the cost paid by the 
group health plan, or by any other entity 
that provides pharmacy benefit manage-
ment services under a contract with any 
such group health plan, regardless of 
whether such adjustments are prospective 
or retrospective. 
(iv) PRESCRIPTION DRUG.—The term 
‘‘prescription drug’’ mean a drug, as de-
fined in section 201(g) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
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321(g)), 
that 
is 
subject 
to 
section 
503(b)(1) 
of 
such 
Act 
(21 
U.S.C. 
353(b)(1)). 
Æ 
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