VT Insurance Bulletin #220
Monthly Cap for Costs of Insulin Medications
State of Vermont
For consumer assistance:
Department of Financial Regulation
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Montpelier, VT 05620-3101
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www.dfr.vermont.gov
Insurance Bulletin No. 220
Monthly Cap for Costs of Insulin Medications
April 20, 2021
The purpose of this bulletin is to provide guidance on the Department’s interpretation of
the statutory monthly limit on policyholders’ out‐of‐pocket spending for prescription
insulin medications. 8 V.S.A. § 4089i(h) (effective Jan. 1, 2022).
Section 4089i(h) provides:
(1) A health insurance or other health benefit plan offered by a health insurer or pharmacy
benefit manager shall limit a beneficiary’s total out‐of‐pocket responsibility for
prescription insulin medications to not more than $100.00 per 30‐day supply, regardless
of the amount, type, or number of insulin medications prescribed for the beneficiary.
(2) The $100.00 monthly limit on out‐of‐pocket spending for prescription insulin
medications set forth in subdivision (1) of this subsection shall apply regardless of
whether the beneficiary has satisfied any applicable deductible requirement under the
health insurance or health benefit plan.
It is the Insurance Division’s position based on the statutory text that the words “monthly
limit . . . set forth in subdivision (1)” in § 4089i(h)(2) refer to the “30‐day supply” for
prescription insulin medications described in § 4089i(h)(1). This reading harmonizes the two
adjacent subdivisions and appears to the Division to be the legislature’s clear intent, as
subdivision (1) does not refer to any other spending limit.
Accordingly, a policyholder’s total out‐of‐pocket responsibility for prescription insulin
medications (including any drug containing insulin) may not be more than $100 per 30‐day
supply, regardless of the amount, type, or number of medications prescribed. For instance, if
the policyholder has three insulin prescriptions for the 30‐day period, his or her total out‐of‐
pocket responsibility for that supply may not be more than $100. However, a policyholder who
DFR Bulletin No. 220; Monthly Cap for Costs of Insulin Medications; April 20, 2021; Page No. 2
receives more than thirty days’ supply of insulin in a given month, for use over a longer period,
may be billed more than $100 in that month. For instance, if the policyholder receives a 90‐day
supply of insulin, his or her total out‐of‐pocket responsibility for that supply may not be more
than $300.
This out‐of‐pocket maximum shall apply even if the policyholder has not met his or her annual
deductible, and in no instance may a policyholder’s total out‐of‐pocket responsibility for
prescription medication exceed the maximum established under 8 V.S.A. § 4089i(c). For more
information on the application of Vermont’s out‐of‐pocket maximum for prescription
medication, see Insurance Division Bulletin 171, revised on March 12, 2018.
Inquiries about this Bulletin should be directed to Emily Brown, Director of Rates and Forms
(Emily.Brown@vermont.gov).
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Michael S. Pieciak, Commissioner
Date