HB 23-1002 CO

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Became Law

For health coverage plans issued or renewed on or after January 1, 2024, the act requires a health insurance carrier (carrier) that provides coverage for prescription auto-injectors (injectors) to cap the total amount that a covered person is required to pay for injectors at an amount not to exceed $60 for a 2-pack of the injectors. The act allows coverage for injectors to be offered through a high deductible plan that qualifies for a health savings account, and a carrier may apply deductible amounts if the coverage is not considered by the United States department of the treasury to be preventive or to have an acceptable deductible amount. Effective January 1, 2024, the act creates an epinephrine auto-injector affordability program (program) to provide low-cost injectors to eligible individuals. By January 1, 2024, each manufacturer must establish procedures and make injectors available as prescribed in the act to eligible individuals who hold a valid prescription for injectors. The act establishes eligibility requirements that residents of Colorado must meet in order to be eligible for the program. The act requires the division of insurance in the department of regulatory agencies (division) to create an application for the program for use by an individual seeking injectors through the program and requires the division and the department of health care policy and financing to make the application available on their websites and to promote the availability of the program. A pharmacy that dispenses injectors is authorized to collect a copayment not to exceed $60 from the individual to cover the pharmacy's costs of processing and dispensing a 2-pack of injectors. A manufacturer of injectors: Is required to make injectors available to individuals through the program; May be required to reimburse the dispensing pharmacy in an amount that the pharmacy paid for the number of injectors dispensed through the program or send the pharmacy a replacement supply of the same number of injectors; Is required to develop a process for a pharmacy to submit electronic reimbursement claims. If a manufacturer fails to comply with the requirements of the act, the manufacturer engages in a deceptive trade practice and is subject to a $10,000 fine for each month of noncompliance. The act appropriates $58,291 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

• Javier Mabrey Democratic · primary
• Iman Jodeh Democratic · primary
• Dylan Roberts Democratic · primary

1. Jun 7, 2023 Governor Signed · executive
2. May 22, 2023 Sent to the Governor · executive
3. May 22, 2023 Signed by the President of the Senate · upper
4. May 22, 2023 Signed by the Speaker of the House · lower
5. May 7, 2023 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass · lower
6. May 4, 2023 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass · upper
7. Apr 26, 2023 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee · lower
8. Apr 21, 2023 Senate Third Reading Passed - No Amendments · upper
9. Apr 20, 2023 Senate Second Reading Passed with Amendments - Committee, Floor · upper
10. Apr 18, 2023 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole · upper
11. Apr 12, 2023 Senate Committee on Health & Human Services Refer Amended to Appropriations · upper
12. Mar 9, 2023 Introduced In Senate - Assigned to Health & Human Services · upper
13. Mar 8, 2023 House Third Reading Passed - No Amendments · lower
14. Mar 7, 2023 House Second Reading Passed with Amendments - Committee, Floor · lower
15. Mar 3, 2023 House Committee on Appropriations Refer Amended to House Committee of the Whole · lower
16. Feb 3, 2023 House Committee on Health & Insurance Refer Amended to Appropriations · lower
17. Jan 9, 2023 Introduced In House - Assigned to Health & Insurance · lower