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H.R. 6423·119th Congress·Introduced Dec 4, 2025

HELP Copays Act

IntroducedHealthMajor
View bill text
Sponsor
Rep. Kean, Thomas H. [R-NJ-7]
Committees
Ways and Means Committee (primary)
Last action
Dec 4, 2025

Bottom line

The HELP Copays Act aims to lower out-of-pocket costs for patients by requiring insurers to count third-party financial assistance towards deductibles and out-of-pocket maximums, while preserving the tax-advantaged status of HDHPs.

What it actually does

This bill mandates that health insurance plans and issuers must count financial assistance provided by non-profit organizations and prescription drug manufacturers towards an individual's deductible, coinsurance, copayment, and out-of-pocket limits. It amends the Public Health Service Act, the Patient Protection and Affordable Care Act, and the Internal Revenue Code to ensure these third-party payments reduce a patient's direct cost-sharing obligations, particularly for specialty drugs and those subject to utilization management. It also creates a safe harbor to prevent High Deductible Health Plans (HDHPs) from losing their status by complying with this rule for prescription drugs.

Proponents argue

Proponents argue that this bill ensures patients, especially those with chronic conditions relying on expensive specialty medications, directly benefit from financial assistance programs. They contend it prevents 'accumulator adjustment' programs by insurers that effectively negate the value of manufacturer coupons and charity aid, leading to unexpected and burdensome costs for patients. This measure promotes patient access to necessary treatments and improves affordability.

Opponents contend

Opponents, typically health insurers, argue that counting manufacturer coupons towards deductibles can inflate drug prices by removing incentives for patients to choose lower-cost alternatives and for manufacturers to reduce list prices. They contend that accumulator programs are a legitimate tool for managing healthcare costs and promoting value-based care, and that this bill could lead to higher premiums for all enrollees as insurers absorb more costs.

The bill is short and relatively accessible, allowing an informed reader to understand its core provisions and implications within the time given.

Section 2(a)

Application of Financial Assistance Toward Cost-Sharing Requirements (PHSA)

prominently featuredstraightforward

This provision amends the Public Health Service Act to require that health insurance plans and issuers must include amounts paid by, or on behalf of, an individual—including financial assistance from non-profit organizations and prescription drug manufacturers—when calculating a patient's deductible, coinsurance, copayment, and out-of-pocket limit. This means that third-party payments will directly reduce the amount a patient has to pay themselves before their insurance coverage fully kicks in.

GroupImpactMechanismScale
GroupIndividuals with health insuranceImpactReduced out-of-pocket costsMechanismThird-party payments count towards deductibles and out-of-pocket maximumsScalePotentially significant savings for those using high-cost drugs
GroupHealth insurance plans and issuersImpactIncreased financial responsibilityMechanismReaching cost-sharing limits soonerScalePotentially billions across the industry
GroupNon-profit organizations and prescription drug manufacturersImpactEnsured effectiveness of financial assistance programsMechanismTheir aid directly reduces patient burdenScaleEnhances impact of existing programs

Supporters argue

Proponents argue this provision directly addresses a critical barrier to patient access by ensuring that financial aid intended to help patients actually reduces their financial burden, preventing insurers from using 'accumulator adjustment' programs that undermine this assistance.

Critics contend

Opponents contend that this provision could lead to higher premiums for all enrollees by shifting costs to insurers, and may disincentivize drug manufacturers from lowering list prices if their coupons continue to mask the true cost of medications.

Tradeoffs

The provision balances immediate patient affordability against potential long-term impacts on insurance premiums and drug pricing dynamics, creating a tension between direct patient relief and broader healthcare system costs.

Section 2(b)(1)

Conforming Amendment (PPACA Out-of-Pocket Limits)

mentioned in summarystraightforward

This section makes a conforming amendment to the Patient Protection and Affordable Care Act (PPACA), clarifying that for the purposes of PPACA's annual out-of-pocket maximums, all forms of cost-sharing (deductibles, coinsurance, copayments, and similar charges) must include amounts paid by or on behalf of an individual, including financial assistance from non-profits and drug manufacturers. This ensures consistency with the main policy change across different federal health laws.

Section 2(b)(3)

HSA Safe Harbor for High Deductible Health Plans (HDHPs)

buried in fine printmoderately complex

This provision amends the Internal Revenue Code to create a 'safe harbor' for High Deductible Health Plans (HDHPs). For plan years starting after December 31, 2025, an HDHP will not lose its status (and thus, its enrollees will not lose their eligibility for Health Savings Accounts, or HSAs) simply because it counts third-party financial assistance for outpatient prescription drugs towards the minimum deductible. This is crucial because HDHPs typically cannot cover any costs before the deductible is met, and this safe harbor allows them to comply with the new cost-sharing rules without jeopardizing their tax-advantaged status.

Section 2(c)

Rule of Construction: Scope and Limitations

mentioned in summarystraightforward

This section clarifies the scope of the bill's amendments, stating they specifically apply to cost-sharing standards for 'specialty drugs' and drugs 'subject to utilization management.' Crucially, it also explicitly states that the amendments do not impact the use of utilization management tools by insurers, such as prior authorization and step therapy. This limits the application of the new rules to specific high-cost or managed drug categories and assures insurers that their cost-control mechanisms remain intact.

FOUND

This provision creates a safe harbor for High Deductible Health Plans (HDHPs) by amending the Internal Revenue Code. It ensures that an HDHP will not lose its tax-advantaged status, and its enrollees will not lose their eligibility for Health Savings Accounts (HSAs), if the plan counts third-party financial assistance for outpatient prescription drugs towards the minimum deductible, as required by the main provisions of the bill.

Section 2(b)(3)

Why it matters:This is standard legislative practice for ensuring consistency across different bodies of law (health and tax in this case). It's a technical fix to prevent unintended negative consequences rather than a primary policy statement, making its placement in conforming amendments logical.

Case for: Without this safe harbor, HDHPs that comply with the new cost-sharing rules would inadvertently disqualify their enrollees from using HSAs, undermining a popular tax-advantaged savings mechanism. This provision ensures the bill's primary benefit for patients is not offset by a loss of other important benefits.

Case against: There is no direct case against this specific technical fix, as it prevents an unintended negative consequence. However, critics of the overall bill might argue it adds further complexity to the tax code to accommodate a policy they oppose.

Estimated impact: Prevents millions of HDHP enrollees from losing their HSA eligibility, thereby preserving significant tax benefits and healthcare savings opportunities.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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