Massachusetts Insulin Access Bill Stalled for Six Years as Advocates Push

Advocates for insulin access in Massachusetts are expressing deep frustration as a critical bill has remained stalled in the State House for six years. The legislation, known as H 1212, would allow pharmacists to dispense life-saving insulin during emergencies without a current prescription. This measure, introduced in 2019 by Representatives Hannah Kane and Jack Patrick Lewis, aims to prevent unnecessary hospitalizations and deaths among patients with Type 1 diabetes.

During a recent hearing before the Joint Committee on Financial Services, supporters underscored the urgency of the situation. Meaghan Marnell, a parent of a child with diabetes, highlighted the immediate dangers faced without access to insulin. She recalled how her daughter was rushed to the emergency room last year due to diabetic ketoacidosis. “Insulin is not optional,” Marnell stated. “Without insulin, blood sugar rises quickly, the blood becomes acidic, and the brain and other organs begin to stop.”

The bill, which follows the tragic death of Kevin Houdeshell—an Ohio man who died after being unable to secure a prescription refill—has been dubbed “Kevin’s Law” in various states. It has already been enacted in at least twenty other states, reflecting a growing recognition of the need for emergency insulin access.

Despite the bill’s bipartisan support and favorable reports from legislative committees, it has faced repeated delays. In the 2019 legislative session, the original version of the bill, S 2425, was reported favorably by the Public Health Committee but ultimately stalled. In subsequent sessions, it was again reported favorably but was then sent to study orders in the Health Care Financing Committee, effectively halting its progress.

Advocates continue to voice their concerns. Laura Ricci, who leads a diabetes support group on social media, expressed disappointment at the ongoing delays. “After six years, we are still asking why this legislation continues to stall,” she remarked. Many group members often post requests for insulin loans when they find themselves in dire situations.

The legislation, as it stands, applies to insurance plans overseen by MassHealth, the Group Insurance Commission, and commercial insurers. It aims to empower pharmacists to dispense insulin based on their judgment when delays could pose a risk to patients. This aspect of the bill was discussed during the hearing, with committee members seeking to clarify its scope. Sen. Paul Feeney, chair of the committee, inquired specifically about the bill’s focus on emergency dispensing, emphasizing the need for clarity on cost and coverage.

In 2019, then-Senator Dean Tran proposed an amendment calling for an estimate of costs associated with allowing pharmacists to dispense insulin. Tran stated, “Access to insulin is a human right, and it is a matter of life and death.” Unfortunately, the bill was eventually lost in the House Ways and Means Committee, and no cost estimates were provided.

While Massachusetts has made strides in improving affordability for insulin, such as caps on co-pays for certain drugs, advocates argue that these measures do not address the urgent need for emergency access. Jessica von Goeler, a Type 1 diabetic, shared her personal experiences of running out of insulin. “It’s like running out of oxygen,” she explained, highlighting the dire consequences of delays in obtaining medication.

As the legislative session progresses, House committee members face an impending deadline of November 30, 2023, to make a recommendation regarding the bill. Advocates remain determined to see this legislation passed. “Massachusetts has always been a leader in health care issues,” Ricci declared. “The fight is going to continue until this legislation is adopted and put into law.”

Sen. Feeney reaffirmed his commitment to advancing the bill, stating, “Access to emergency insulin is a life-saving need, not a luxury.” He emphasized the importance of ensuring that patients have timely access to the medication they require.

As the debate continues, the future of the insulin access bill remains uncertain, but advocates are resolved to pursue their efforts until a solution is reached.