INSULIN Fair Pricing Act of 2026

This Act regulates the price of insulin sold in interstate commerce to ensure affordability for consumers while respecting state authority over intrastate health care and insurance. Section 1. Findings: Congress finds that insulin is a life-saving drug sold in a national market, and that excessive pricing substantially burdens interstate commerce by reducing access and increasing federal healthcare costs. Section 2. Price Cap on Interstate Sales: No manufacturer or distributor may sell insulin in interstate commerce at a price exceeding the highest price charged for that insulin product on January 1, 2025, adjusted annually for inflation (CPI-U). This cap applies to all sales that cross state lines or are delivered through channels of interstate commerce, including mail-order and internet sales. Section 3. Enforcement: The Secretary of Health and Human Services (HHS) shall enforce this section. Any manufacturer or distributor that violates the price cap shall be liable for a civil penalty of up to 10% of the excess revenue from noncompliant sales, plus treble damages to any affected purchaser. Section 4. No State Mandate: Nothing in this Act requires any state to enact or enforce any law, or to alter its Medicaid or insurance regulatory programs. States retain full authority over intrastate insulin sales not substantially affecting interstate commerce. Section 5. Reporting and Oversight: HHS shall annually report to Congress on insulin pricing trends, compliance, and the impact on access. The oversight body is the HHS Office of Inspector General. Section 6. Funding: The costs of enforcement shall be funded by a per-unit fee on insulin manufacturers, set to recover the costs of administration and oversight, not to exceed $50 million annually. Section 7. Sunset: This Act expires 5 years after enactment, unless renewed by Congress. Section 8. Effective Date: This Act takes effect 180 days after enactment.