Insulin Act: The $35 Cap, Medicare, and Employer Plans

The insulin cost cap you qualify for depends on your coverage. Medicare limits you to $35 for a one-month supply of each covered insulin, a protection created by the Inflation Reduction Act of 2022. About 29 states plus the District of Columbia cap insulin copays in state-regulated private plans, though the amount varies. No federal law caps insulin costs in private insurance, and state caps do not reach self-funded employer plans. If none of those protections apply to you, every major manufacturer now sells insulin at $35 per month directly to patients.

The $35 Medicare Cap

Since January 2023, every Medicare Part D plan must cap your cost at $35 for a one-month supply of each covered insulin product, and no deductible can be applied to insulin. The cap works at retail pharmacies and through mail order, and it holds in every coverage phase.1Centers for Medicare & Medicaid Services. Anniversary of the Inflation Reduction Act: Update on CMS Implementation

The same $35 limit applies to insulin covered under Part B when it’s delivered through a durable medical equipment pump. Your coinsurance for the insulin itself is capped at $35 per month.2Medicare.gov. Insulin

One detail catches people off guard. The cap is $35 per covered insulin product, not $35 total. If your doctor prescribes both a long-acting and a rapid-acting insulin, you could pay up to $35 for each, bringing your monthly total to $70. On a single insulin, $35 is your ceiling.

Starting in 2026, your copay may drop below $35 for some products. The statute sets it at the lesser of $35, 25 percent of the insulin’s negotiated price under your plan, or 25 percent of the maximum fair price established through Medicare drug price negotiation.3Office of the Law Revision Counsel. 42 U.S. Code 1395w-102 – Prescription Drug Benefits As negotiated prices phase in, some copays should fall.

State Caps in Private Insurance

At least 29 states and the District of Columbia cap insulin copays in state-regulated commercial plans. The monthly limit varies, ranging from $0 in the most generous states to $100 in others, with most sitting between $25 and $50 for a 30-day supply.

These laws only reach plans regulated by your state’s insurance department. That generally means fully insured group plans and individual market plans, including coverage sold on the ACA exchange and coverage offered by smaller employers who purchase a policy from an insurance carrier.

A handful of states also limit costs on diabetes supplies. Connecticut caps insulin and other diabetes medications at $25 per month and allows up to $100 for devices and supplies like continuous glucose monitors, test strips, and syringes. Other states fold everything into one combined cap.

Why the Cap May Not Apply to Your Employer Plan

The Employee Retirement Income Security Act of 1974 blocks states from regulating self-funded employer health plans. When a large employer pays claims directly out of its own funds rather than buying a policy from an insurer, ERISA preempts state insurance mandates, including insulin copay caps. Roughly two-thirds of workers with employer-sponsored coverage are in self-funded plans, so most people who get insurance through work fall outside state protection.

Figuring out which category you’re in is not obvious from your insurance card. Your Summary Plan Description should state whether the plan is self-funded or fully insured. You can also call HR or the number on your card and ask directly. If the plan is administered by an insurance company but funded by your employer, it’s self-funded and state caps do not apply.

Congress considered extending a $35 cap to private insurance when it passed the Inflation Reduction Act, but that provision was removed during Senate floor debate.4Congress.gov. Insulin Coverage Under Private Health Insurance and Medicare Part D No federal law currently caps insulin costs for people with private insurance.

Getting to $35 When No Cap Applies

All three major insulin manufacturers now offer programs that cap the cost at $35 per month for uninsured and commercially insured patients.

Eli Lilly’s Insulin Value Program covers all Lilly insulins at $35 per month whether you have commercial insurance or no insurance. It’s open to U.S. residents 18 and older who are not enrolled in Medicare, Medicaid, or other government healthcare programs. The current program runs through December 31, 2026.5Eli Lilly. Lilly Insulin Value Program Sanofi’s Insulins Valyou Savings Program offers the same $35 price for a 30-day supply to uninsured patients and commercially insured patients paying full retail, with a similar exclusion for government plan enrollees.6Sanofi Patient Connection. Savings Options

These are not insurance, and they can change or expire. They typically require you to fill all your insulin prescriptions from that manufacturer at once to get the capped price. If your prescriptions come from different manufacturers, you may need to enroll in more than one program.

If $35 Is Still Too Much

Manufacturer Patient Assistance Programs provide insulin at no cost to patients who meet income requirements, typically tied to the federal poverty level. Novo Nordisk’s program covers uninsured patients with household income at or below 400 percent of the federal poverty level for most of its insulin products, and Medicare patients at the same income threshold who have been denied Extra Help.7Centers for Medicare & Medicaid Services. Pharmaceutical Manufacturer Patient Assistance Program Information Each manufacturer sets its own eligibility rules and application process.

The federal 340B Drug Pricing Program requires manufacturers to sell outpatient medications at deep discounts to certain safety-net providers, including federally qualified health centers, children’s hospitals, and critical access hospitals.8Health Resources & Services Administration. 340B Drug Pricing Program To benefit, you must be an established patient of one of these facilities, with a health record documenting your care.9Health Resources & Services Administration. 340B Eligibility Many community health centers use a sliding fee scale based on income, so uninsured patients often pay well below retail for insulin filled through their in-house or contract pharmacy.

If You’re Charged More Than the Cap

If you have Medicare and your pharmacy charges more than $35 for a covered insulin, first confirm the product is on your plan’s formulary. Insulin not on your plan’s covered drug list may not qualify. If the product is covered and you’re still overcharged, contact your plan directly. Medicare plans are legally required to honor the cap and should correct the charge.

For state-regulated private insurance, complaints run through your state’s insurance department. Before filing, check that your plan is actually subject to state regulation. A self-funded employer plan is not, regardless of which insurer’s name appears on your card.

Keep every pharmacy receipt and explanation of benefits. A paper trail speeds up any correction, whether you’re disputing the charge with your plan or escalating to a regulator.