1. Short title This Act may be cited as the End Price Gouging for Insulin Act . 2. Reference price for insulin products (a) Reference price The Secretary of Health and Human Services (referred to in this section as the Secretary ), in accordance with subsection (b), shall establish an annual reference price for insulin products. Notwithstanding any other provision of law, including section 1860D–11(i) of the Social Security Act ( 42 U.S.C. 1395w–111(i) ), with respect to enrollees or beneficiaries in any of the Federal health programs described in subsection (c), the wholesale acquisition cost for insulin products, including the cost-sharing amount, shall not exceed the reference price for the applicable year. (b) Criteria (1) In general Not later than 6 months after the date of enactment of this Act and every 6 months thereafter, the Secretary shall establish the reference price for insulin products— (A) by determining the median wholesale acquisition cost or the commensurate list price in the reference countries for insulin products among the reference countries in which such products are available, if insulin product pricing information is available for at least three of such countries; or (B) in the case that insulin product pricing information or dosage equivalents are not available for at least three of the reference countries, by determining an appropriate price based on— (i) the clinical and therapeutic effect and value of the product; (ii) patient access to the product; (iii) the costs associated with manufacturing, marketing, researching, and developing the product; (iv) total revenues, net profit, and executive compensation associated with the manufacturer of the product