A bill allowing pharmacists in Massachusetts to dispense life-saving insulin in emergencies has been stuck in the State House since 2019, and advocates are frustrated after running into legislative dead ends for six years.
The bipartisan bill filed by Reps. Hannah Kane and Jack Patrick Lewis (H 1212) would permit pharmacists to dispense insulin without a current prescription when a patient’s life is at risk and a provider cannot be reached. Supporters say it would prevent avoidable hospitalizations and deaths by bridging a critical gap for people with Type 1 diabetes.
Parents and patients expressed urgency during a hearing before the Joint Committee on Financial Services.
“Insulin is not optional… It is daily life-sustaining medicine,” said Meaghan Marnell, whose 12-year-old daughter was rushed to the emergency room last year in diabetic ketoacidosis. “Without insulin, blood sugar rises quickly, the blood becomes acidic, and the brain and other organs begin to stop. Abdominal pain, vomiting, confusion, weakness and rapid decline can happen within hours without insulin. Death is not a distant risk, it’s an immediate one.”
The legislation was introduced in Massachusetts in 2019 following the death of Kevin Houdeshell, an Ohio man who died after being unable to reach his doctor for a prescription refill over the holidays. Known as Kevin’s Law in other states, the measure has been adopted in at least 20 others.
Laura Ricci, whose son has Type 1 diabetes, testified that she’s been urging passage of the bill since it was first filed. Ricci runs a diabetes group on Facebook, and said people in “dire need” often post in the group to ask for insulin loans if they’ve run out.
“After six years, we are still asking why this legislation continues to stall,” she said.
In 2019, the original bill (S 2425) was reported favorably by the Public Health Committee but stalled out. In the 2021–2022 and 2023–2024 sessions, the bill was reported favorably by the Financial Services Committee but was sent to study orders in the Health Care Financing Committee, effectively halting its progress.
At Wednesday’s hearing, committee members sought clarity on the bill’s scope.
“So this is just about dispensing?” asked Sen. Paul Feeney, chair of the committee. “It’s not cost or coverage, right? It’s just on an emergency basis, a pharmacist could dispense the insulin?”
“That’s my understanding,” Marnell responded.
The bill applies to insurance plans overseen by MassHealth, Group Insurance Commission, and commercial insurers, allowing pharmacists to dispense insulin in their judgment when delays could result in patient harm.
Then-Sen. Dean Tran, who filed the original version, attached an amendment to a pharmaceutical pricing bill in 2019 calling for state officials to estimate the costs associated with permitting pharmacists to dispense emergency insulin. Tran said during the Senate debate: “Access to insulin is a human right, and it is a matter of life and death.” The bill died in the House Ways and Means Committee that year, and no report of estimated costs related to emergency insulin distribution was made.
Massachusetts has taken some steps to improve affordability. In December 2024, Gov. Maura Healey signed a bill capping co-pays for certain name-brand drugs used to treat chronic illnesses, including insulin, at $25 per month. Generic versions must be fully covered by insurers, including MassHealth and the Group Insurance Commission.
But emergency access remains unaddressed and patients say lower costs don’t help when they can’t get a vial in time.
“I’ve shattered my last vial on the kitchen floor. I’ve run out early when stress or illness increased my needs… I’ve lost insulin to heat spoilage,” said Jessica von Goeler, a Type 1 diabetic. “It’s like running out of oxygen and before you can breathe again and being told to chase a new prescription, fight insurance for approval, and wait at the pharmacy.”
Asked about the frustration advocates felt about the bill’s lack of progress in the Legislature, and his perspective on the bill, Feeney said he is committed to advancing legislation to provide emergency access.
“Access to emergency insulin is a life-saving need, not a luxury,” he said. “Since my time as Senate Chair of the Joint Committee on Financial Services, I have been committed to advancing legislation relative to emergency insulin access in order to ensure patients can get the medication they need, when they need it. I look forward to continuing to hear from patients impacted by this policy and working with my fellow committee members to ensure all Massachusetts residents are covered for the care they need.”
House chair, Rep. James Murphy, did not return an answer to the same questions in time for publication.
Advocates say they’ll keep coming back until Massachusetts adopts an emergency insulin access law.
“Massachusetts has always been a leader in health care issues,” Ricci said. “And I’m disappointed that we cannot be successful in implementing this legislation here. The fight is going to continue until this legislation is adopted and put into law.”
House committee members face a Nov. 30 deadline to make a recommendation, but can seek an extension.
