SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR INSULIN.

SEC. 11408. SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR INSULIN.(a) In General.—Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:“(G) Safe harbor for absence of deductible for certain insulin products.—“(i) In general.—A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for selected insulin products. “(ii) Selected insulin products.—For purposes of this subparagraph—“(I) In general.—The term ‘selected insulin products’ means any dosage form (such as vial, pump, or inhaler dosage forms) of any different type (such as rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting, and premixed) of insulin. “(II) Insulin.—The term ‘insulin’ means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) and continues to be marketed under such section, including any insulin product that has been deemed to be licensed under section 351(a) of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111–148) and continues to be marketed pursuant to such licensure.” . (b) Effective Date.—The amendment made by this section shall apply to plan years beginning after December 31, 2022.