LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
166
APRIL 23, 2022 RESOLVES
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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S.P. 574 - L.D. 1729
Resolve, To Assess the Feasibility of the Production of Insulin and Insulin
Analogs in Maine
Sec. 1. Commission established. Resolved: That the Department of Health and
Human Services shall convene a commission consisting of the following 12 members:
1. The Commissioner of Health and Human Services or the commissioner's designee;
2. A representative of the Department of Health and Human Services, Maine Center
for Disease Control and Prevention;
3. An individual involved in biomedical research;
4. A representative of the Department of Professional and Financial Regulation, Maine
Board of Pharmacy;
5. A representative of the Department of Professional and Financial Regulation,
Bureau of Insurance;
6. A representative of the University of Maine System;
7. A resident of the State receiving treatment for diabetes or a representative of an
organization that represents or advocates for residents of the State receiving treatment for
diabetes;
8. Two physicians licensed to practice within the State having expertise in the
treatment of diabetes and related complications;
9. A research scientist having expertise in the synthesis or production of drugs or
biologics, including insulin and insulin analogs;
10. A representative of hospitals and health care providers within the State; and
11. A representative of an organization that advocates for greater access to insulin and
insulin analogs and that does not accept funding from an insulin or insulin analogs
manufacturer.
Sec. 2. Feasibility assessment. Resolved: That the commission established in
section 1 shall assess the feasibility of producing insulin and insulin analogs in the State
through the University of Maine System and other appropriate institutions or through a
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public-private partnership between the University of Maine System, other appropriate
institutions and a licensed drug manufacturer. The commission shall also assess the
feasibility of providing the insulin and insulin analogs produced to low-income residents
of the State at low or no cost through hospitals, pharmacies and health care providers in the
State or at a reduced cost on a means-tested basis. In its assessment, the commission shall
consider various factors including:
1. The number of low-income residents of the State who currently require insulin;
2. The ability of the University of Maine System by itself, in partnership with another
appropriate institution or through a public-private partnership with a licensed drug
manufacturer to produce insulin and insulin analogs in an amount sufficient to fulfill the
needs of low-income residents of the State who require insulin;
3. Any long-term cost savings and revenue generation for the State and the University
of Maine System;
4. Any long-term cost savings and other benefits to low-income residents of the State
who would receive insulin and insulin analogs at low or no cost;
5. Any costs to the University of Maine System and to the State to produce and
distribute insulin and insulin analogs, including additional administrative costs;
6. State and federal regulatory or legal obstacles, including requirements for licensure,
to the production and distribution of insulin and insulin analogs within the State by the
University of Maine System or other appropriate institutions;
7. Available alternative methods for providing insulin and insulin analogs to low-
income residents of the State at low or no cost;
8. Options for capping copayments for insulin and insulin analogs provided through
private insurers;
9. The potential for the State to engage in volume purchasing of insulin and insulin
analogs at reduced cost;
10. The mechanisms by which the State could establish a program to distribute insulin
and insulin analogs to residents of the State;
11. Opportunities to establish an interstate compact with other New England states to
reduce insulin and insulin analog costs in compact states;
12. Opportunities to establish a public entity to manage the purchasing and distribution
of insulin and insulin analogs with the possibility of eventual transition to a private entity;
13. Opportunities to establish a model facility to affordably manufacture insulin and
insulin analogs and to distribute insulin and insulin analogs to residents of the State; and
14. Opportunities to procure dedicated funding to support the manufacture of insulin
and insulin analogs and the distribution of insulin and insulin analogs to residents of the
State.
The commission shall seek input from members of the Legislature when conducting
the assessment required by this section.
Sec. 3. Report. Resolved: That, by November 2, 2022, the commission established
in section 1 shall provide a report to the Joint Standing Committee on Health and Human
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Services that includes its assessment under section 2 of the feasibility of manufacturing
insulin and insulin analogs in the State and distributing such insulin and insulin analogs to
low-income residents of the State at low or no cost and recommendations, including
proposed legislation, for promoting insulin and insulin analogs manufacturing in the State
through the University of Maine System or a public-private partnership. The joint standing
committee may introduce legislation on the basis of the commission's report during the
First Regular Session of the 131st Legislature.
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