EMERGENCY REFILLS OF INSULIN                                                                                 S.B. 155 (S-1) & 156 (S-3):

                                                                                                                                                                                                      SUMMARY OF BILL

                                                                                                                                                                        REPORTED FROM COMMITTEE

Senate Bill 155 (Substitute S-1 as reported)

Senate Bill 156 (Substitute S-3 as reported)

Sponsor:   Senator Kevin Daley

Committee:   Health Policy and Human Services

CONTENT

Senate Bill 155 (S-1) would add Section 17744f to Part 177 (Pharmacy Practice and Drug Control) of the Public Health Code to do all of the following:

 --       Allow a pharmacist to dispense an emergency supply of insulin to an individual under certain circumstances.

 --       Require a pharmacist who dispensed an emergency supply of insulin to comply with certain requirements.

 --       Prohibit an individual from receiving more than three emergency supplies of insulin in one calendar year.

 --       Specify that a prescriber or pharmacist would not be subject to criminal prosecution, civil liability, or administrative sanction as a result of the pharmacist dispensing an emergency supply of insulin.

 --       Require the Board of Pharmacy to promulgate rules to implement Section 17744f.

The bill also would amend Part 177 to do the following:

 --       Include in the definition of "prescription drug" a drug dispensed pursuant to Section 17744f.

 --       Modify a provision requiring a pharmacist to furnish to the purchaser of a prescription drug a receipt evidencing the transaction.  

Senate Bill 156 (S-3) would add Section 3406v to the Insurance Code to specify an insurer that delivered, issued for delivery, or renewed in the State a health insurance policy that provided coverage for prescription drugs would have to provide coverage for an emergency supply of insulin that was covered under an insured's health insurance policy and that was dispensed to the insured by a pharmacist as provided in Section 17744f.  

Senate Bill 156 (S-3) is tie-barred to Senate Bill 155.

MCL 333.17703 et al. (S.B. 155)                                                           Legislative Analyst:   Stephen Jackson

Proposed MCL 500.3406v (S.B. 156)

FISCAL IMPACT

Senate Bill 155 (S-1) would have no fiscal impact on State or local government.

Senate Bill 156 (S-3) likely would have only a marginal impact on the cost of health insurance. Research in other states (particularly Minnesota) indicate a cost for insulin somewhat less than $1,000 per month. However, Senate Bill 156 would cover a limited situation in which a patient is seeking an emergency supply of insulin, described in Senate Bill 155 (S-1), as up to a 30-day supply that would be available to the patient for up to three times per year.  

The question is who would use these emergency supplies. The bill likely would apply mostly to patients whose pr