(f) IMPLEMENTATION.—The Secretary of Health and 
Human Services, the Secretary of Labor, and the Sec-
retary of the Treasury may implement the provisions of, 
including the amendments made by, this section through 
sub-regulatory guidance, program instruction, or other-
wise. 
SEC. 3. APPROPRIATE COST-SHARING FOR CERTAIN INSU-
LIN PRODUCTS UNDER MEDICARE PART D. 
(a) IN GENERAL.—Section 1860D–2 of the Social 
Security Act (42 U.S.C. 1395w–102) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by striking ‘‘The 
coverage’’ and inserting ‘‘Subject to paragraph 
(8), the coverage’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘and (D)’’ and inserting ‘‘and (D) and 
paragraph (8)’’; 
(ii) in subparagraph (B), by striking 
‘‘and (D)’’ and inserting ‘‘and (D) and 
paragraph (8)’’; 
(iii) in subparagraph (C)(i), by strik-
ing ‘‘paragraph (4)’’ and inserting ‘‘para-
graphs (4) and (8)’’; and
(iv) in subparagraph (D)(i), by strik-
ing ‘‘paragraph (4)’’ and inserting ‘‘para-
graphs (4) and (8)’’; 
(C) in paragraph (3)(A), by striking ‘‘and 
(4)’’ and inserting ‘‘(4), and (8)’’; 
(D) in paragraph (4)(A)(i), by striking 
‘‘The coverage’’ and inserting ‘‘Subject to para-
graph (8), the coverage’’; and 
(E) by adding at the end the following new 
paragraph: 
‘‘(8) TREATMENT OF COST-SHARING FOR CER-
TAIN INSULIN PRODUCTS.— 
‘‘(A) IN GENERAL.—For plan years begin-
ning on or after January 1, 2023, with respect 
to an individual, the following shall apply with 
respect to any insulin product (as defined in 
subparagraph (B)) that is covered under the 
prescription drug plan or MA–PD plan in which 
the individual is enrolled: 
‘‘(i) NO
APPLICATION
OF
DEDUCT-
IBLE.—The deductible under paragraph 
(1) shall not apply with respect to such in-
sulin product. 
‘‘(ii) APPLICATION
OF
COST-SHAR-
ING.—
‘‘(I) IN GENERAL.—The coverage 
provides benefits for such insulin 
product, regardless of whether an in-
dividual has reached the initial cov-
erage limit under paragraph (3) or 
the 
out-of-pocket 
threshold 
under 
paragraph (4), with cost-sharing for a 
one-month supply that is equal to the 
applicable copayment amount. 
‘‘(II) APPLICABLE
COPAYMENT 
AMOUNT.—For 
purposes 
of 
this 
clause, the term ‘applicable copayment 
amount’ means, with respect to an in-
sulin product under a prescription 
drug plan or an MA–PD plan, an 
amount that is not more than $35. 
‘‘(B) INSULIN PRODUCT.—For purposes of 
this paragraph, the term ‘insulin product’ 
means a covered part D drug that is an insulin 
product that is approved under section 505 of 
the Federal Food, Drug, and Cosmetic Act or 
licensed under section 351 of the Public Health 
Service Act and marketed pursuant to such ap-
proval or licensure, including any insulin prod-
uct that has been deemed to be licensed under
section 351 of the Public Health Service Act 
pursuant to section 7002(e)(4) of the Biologics 
Price Competition and Innovation Act of 2009 
and marketed pursuant to such section.’’; and 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(4) TREATMENT OF COST-SHARING FOR INSU-
LIN PRODUCTS.—The coverage is provided in accord-
ance with subsection (b)(8).’’. 
(b) CONFORMING AMENDMENTS TO COST-SHARING 
FOR LOW-INCOME INDIVIDUALS.—Section 1860D–14(a) 
of the Social Security Act (42 U.S.C. 1395w–114(a)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D)(iii), by adding at 
the end the following new sentence: ‘‘For plan 
year 2023 and subsequent plan years, the co-
payment amount applicable under the preceding 
sentence for a one-month supply of an insulin 
product (as defined in subparagraph (B) of sec-
tion 1860D–2(b)(8)) dispensed to the individual 
may not exceed the applicable copayment 
amount (as defined in subparagraph (A)(ii)(II) 
of such section) for the product under the pre-