November 29, 2021

The Honorable A. Donald McEachin (D-VA)
House of Representatives
Washington, DC 20515
The Honorable Rodney Davis (R-IL)
 House of Representatives

Washington, DC 20515


Dear Congressman McEachin and Congressman Davis,

We are writing to express our sincere thanks to you for your leadership in introducing HR 5801, the Help Ensure Lower Patient Copays Act (HELP Copays Act) and pledge to work with you to ensure that this common-sense, bipartisan legislation becomes law.

People living with serious, chronic health conditions often face multiple barriers to the therapies they need to treat their conditions, such as administrative hurdles like prior authorization and step therapy that limit access to specialty medications. And once approved, patients often face skyrocketing deductibles and steep cost-sharing requirements. With no other options to afford the medicine they need, many patients turn to charitable or manufacturer copay assistance to afford their drugs. But now, they are faced with an additional barrier and unexpected bills that could reach in the thousands of dollars because their insurance plan will not count the copay assistance they get toward their annual deductible or out-of-pocket maximum.

We applaud your legislation because it is a two-part solution that eliminates barriers to treatment for some of the most vulnerable Americans—those who live with serious, complex chronic illness—ensuring that they can afford the necessary and often life-saving medications prescribed by their doctors:

  • The bipartisan HELP Copays Act requires health plans to count the value of copay assistance toward patient cost-sharing requirements. This would bring much-needed relief to financially vulnerable individuals by ensuring that all payments—whether they come directly out of a patient’s pocket or with the help of copay assistance—count towards their out-of-pocket costs.
  • Your legislation also closes a loophole that allows many employer health plans to deem certain covered drugs as “non-essential,” which means that the insurer will not count any cost-sharing toward the patient’s deductible and out-of-pocket maximum. Your bill will require all private plans to count all cost-sharing for covered services to accrue to a patient’s deductible and out-of- pocket maximum.

Together, these practices undermine coverage for pre-existing conditions, hurt patient access to medicines, decrease drug adherence, and even cost our health care system more money. We pledge to work with you to ensure that the HELP Copays Act becomes law and these harmful practices end once and for all.


National Organizations
AIDS Alliance for Women, Infants, Children, Youth & Families

Aimed Alliance

Alliance for Balanced Pain Management

Alliance for Patient Access
Alpha1 Foundation
American Academy of HIV Medicine

American Liver Foundation

American Medical Association

American Society of Hematology

Arthritis Foundation

Association for Clinical Oncology

Association of Asian Pacific Community Health Organizations (AAPCHO)

Association of Women in Rheumatology

Autoimmune Association

Cancer Support Community


Caregiver Action Network

Center for Health Law and Policy Innovation

Chronic Care Policy Alliance

Clinical Neurological Society of America

Coalition of State Rheumatology Organizations

Community Liver Alliance

Crohn’s & Colitis Foundation

Derma Care Access Network

Diabetes Leadership Council

Diabetes Patient Advocacy Coalition

Digestive Disease National Coalition

Dystonia Medical Research Foundation

Epilepsy Foundation

FORCE Facing Our Risk of Cancer Empowered

GBS|CIDP Foundation International

Haystack Project

Hemophilia Alliance

Hemophilia Federation of America

Hepatitis B Foundation

Hepatitis B Foundation and Hep B United

HIV + Hepatitis Policy Institute

HIV Medicine Association

Huntington’s Disease Society of America

Immune Deficiency Foundation

International Foundation for Gastrointestinal Disorders

International Myeloma Foundation

Interstitial Cystitis Association

Lupus and Allied Diseases Association, Inc.

Lupus Foundation of America

Lymphatic Education & Research Network


Movement Disorders Policy Coalition

Multiple Sclerosis Association of America


National Alopecia Areata Foundation

National Consumers League (NCL)