An Act to Provide Greater Transparency About the Cost of Insulin and to Promote the Availability of Low-cost Insulin in the State Reported by the Majority from the Joint Standing Committee on Health Coverage, Insurance and Financial Services pursuant to Joint Order 2023, S.P. 968.
Maine Legislature, Session 131, LD 2282
Amends: 22 MRSA §8731, 22 MRSA §8732, 32 MRSA §13800-D

Legislative Document
No. 2282
S.P. 996
In Senate, March 27, 2024
An Act to Provide Greater Transparency About the Cost of Insulin 
and to Promote the Availability of Low-cost Insulin in the State
Reported by the Majority from the Joint Standing Committee on Health Coverage, 
Insurance and Financial Services pursuant to Joint Order 2023, S.P. 968.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §8731, sub-§1-B is enacted to read:
1-B.  Category of insulin.  "Category of insulin" means rapid-acting, short-acting, 
intermediate-acting, long-acting and premixed insulin for which at least 2 licenses have 
been issued by the federal Food and Drug Administration and are actively marketed 
pursuant to such licensure in a category.
Sec. 2.  22 MRSA §8731, sub-§2-A is enacted to read:
2-A.  Insulin.  "Insulin" has the same meaning as in Title 32, section 13786-D, 
subsection 1, paragraph A and includes insulin or an insulin pen that is licensed under the 
federal Public Health Service Act, 42 United States Code, Section 262(a) or 262(k).
Sec. 3.  22 MRSA §8732, sub-§3 is enacted to read:
3.  Notification by manufacturers of wholesale acquisition cost for insulin.  No later 
than February 15th of each year, a manufacturer of insulin shall notify the organization of 
the wholesale acquisition cost per pricing unit for the insulin produced by the manufacturer 
in each category of insulin.
Sec. 4.  32 MRSA §13800-D, sub-§2, as enacted by PL 2021, c. 303, §5, is amended 
to read:
2.  Exception.  A manufacturer that is a nonprofit organization or whose aggregate 
total of insulin sold, delivered or distributed in this State does not exceed 500,000 units of 
insulin in the year in which a registration fee under subsection 1 is due is not required to 
pay the registration fee. To qualify for the exception under this subsection, a manufacturer 
must demonstrate to the board, by January 31st of the year following the year in which the 
registration fee is due, in a manner determined by the board, that the aggregate total of 
insulin produced by the manufacturer that was sold, delivered or distributed within this 
State in the year in which the manufacturer seeks to claim the exception did not exceed 
500,000 units. The board may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
SUMMARY
This bill is being reported out by the Joint Standing Committee on Health Coverage, 
Insurance and Financial Services pursuant to Joint Order 2023, S.P. 968.  The bill requires 
a manufacturer of insulin to notify the Maine Health Data Organization no later than 
February 15th of each year of the wholesale acquisition cost for the insulin produced by 
the manufacturer in each category of insulin.  The bill also provides that a manufacturer of 
insulin that is a nonprofit organization is not required to pay an annual insulin product 
registration fee.  
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/22/24
LD 2282
LR 3161(01)
Fiscal Detail and Notes
This bill exempts a manufacturer of insulin that is a nonprofit organization from paying the $75,000 registration fee. It 
is unclear whether any such organizations currently manufacture insulin, but manufacturers of 500,000 units or less 
are already exempt from the fee. Any decrease in dedicated revenue to the Maine Board of Pharmacy within the 
Department of Professional and Financial Regulation cannot be determined at this time.
Any additional costs to the Maine Health Data Organization from the provisions of this bill are expected to be minor 
and can be absorbed within existing budgeted resources.
An Act to Provide Greater Transparency About the Cost of Insulin and to Promote the Availability of 
Low-cost Insulin in the State
Fiscal Note Original Bill
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
Current biennium revenue decrease - Other Special Revenue Funds
Minor cost increase - General Fund
LR3161(01) - Fiscal Note - Page 1 of 1