First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0428.01 Kristen Forrestal x4217
HOUSE BILL 23-1002
House Committees Senate Committees
Health & Insurance Health & Human Services
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE AFFORDABILITY OF EPINEPHRINE
AUTO-INJECTORS,101
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Effective January 1, 2024, the bill creates an epinephrine
auto-injector affordability program (program) to provide low-cost
epinephrine auto-injectors to individuals who:
! Are residents of this state;
! Are not enrolled in the state medicaid program or the
federal medicare program;
SENATE
3rd Reading Unamended
April 21, 2023
SENATE
Amended 2nd Reading
April 20, 2023
HOUSE
3rd Reading Unamended
March 8, 2023
HOUSE
Amended 2nd Reading
March 7, 2023
HOUSE SPONSORSHIP
Mabrey and Jodeh, Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, Dickson,
Duran, Froelich, Garcia, Kipp, Lieder, Lindsay, Lukens, Martinez, McCluskie, McCormick,
McLachlan, Michaelson Jenet, Parenti, Ricks, Sharbini, Sirota, Snyder, Story, Titone, Valdez,
Velasco, Vigil, Weissman, Willford, Woodrow, Young
SENATE SPONSORSHIP
Roberts, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg, Ginal, Hansen, Hinrichsen,
Kolker, Marchman, Moreno, Priola, Sullivan, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Have a prescription for an epinephrine auto-injector; and
! Are not enrolled in prescription drug coverage that limits
the total amount of cost sharing that the enrollee is required
to pay for an epinephrine auto-injector.
The bill requires the division of insurance in the department of
regulatory agencies (division) to create an application for 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.
The bill requires a carrier that provides coverage for prescription
epinephrine auto-injectors to cap the total amount that a covered person
is required to pay for all covered prescription epinephrine auto-injectors
at an amount not to exceed $60 for a 2-pack of epinephrine auto-injectors.
A pharmacy that dispenses epinephrine auto-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 epinephrine
auto-injectors.
A manufacturer of epinephrine auto-injectors:
! Is required to make epinephrine auto-injectors available to
individuals through the program; and
! May be required to reimburse the dispensing pharmacy an
amount that covers the difference between the pharmacy's
wholesale acquisition cost for the number of epinephrine
auto-injectors dispensed through the program and the
amount the recipients of the epinephrine auto-injectors paid
for the same number of epinephrine auto-injectors or send
the pharmacy a replacement supply of the same number of
epinephrine auto-injectors.
If a manufacturer fails to comply with the requirements of the bill,
the manufacturer may be subject to a fine.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Individuals who have moderate to severe allergies, severe4
asthma, or genetic conditions such as angioedema are at risk of reactions5
that can occur within seconds or minutes and that can lead to anaphylaxis,6
a potentially fatal reaction;7
(b) Epinephrine works quickly to improve breathing, stimulate the8
1002-2- heart, raise dropping blood pressure, prevent airways from closing,1
prevent or decrease shock, reverse hives, and reduce swelling of the face,2
lips, and throat;3
(c) Delay in appropriate treatment for anaphylaxis almost certainly4
contributes to death in individuals, so it is critical that all anaphylaxis5
reactions are treated as a medical emergency;6
(d) In Colorado, there are approximately 565,824 individuals with7
life-threatening food allergies, which is more than the population of8
Colorado Springs; of these individuals, 101,848 are under 18 years of age,9
which means that the number of children with food allergies in Colorado10
is larger than the population of Longmont;11
(e) Epinephrine auto-injectors are essential because they are the12
easiest and most efficient way to potentially save the life of an individual13
exhibiting symptoms of or experiencing anaphylactic shock;14
(f) Many individuals are unable to afford an epinephrine15
auto-injector because they cannnot pay the copayment amount required16
under their insurance plan or, if they are uninsured, the cost of an17
epinephrine auto-injector; these individuals risk their lives every day by18
not having access to this life-saving medicine if faced with an allergic19
reaction; and20
(g) Rising costs of epinephrine auto-injectors make this21
life-saving medication difficult or impossible to obtain for many people,22
even those with private health insurance or who are enrolled in a public23
health benefit program.24
(2) Therefore, it is the intent of the general assembly to establish25
an epinephrine auto-injector affordability program to ensure Colorado26
residents have greater access to epinephrine.27
1002
-3- SECTION 2. In Colorado Revised Statutes, add 10-16-158 as1
follows:2
10-16-158. Cost sharing - prescription epinephrine - limits -3
rules - definition. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT4
OTHERWISE REQUIRES, "EPINEPHRINE AUTO-INJECTOR" HAS THE SAME5
MEANING AS SET FORTH IN SECTION 12-280-141 (1)(c).6
(2) F
OR HEALTH BENEFIT PLANS ISSUED OR RENEWED ON OR AFTER
7
J
ANUARY 1, 2024, IF A CARRIER PROVIDES COVERAGE FOR PRESCRIPTION
8
EPINEPHRINE AUTO-INJECTORS, THE CARRIER SHALL CAP THE TOTAL9
AMOUNT THAT A COVERED PERSON IS REQUIRED TO PAY FOR ALL COVERED10
PRESCRIPTION EPINEPHRINE AUTO -INJECTORS AT AN AMOUNT NOT TO11
EXCEED SIXTY DOLLARS FOR A TWO -PACK OF EPINEPHRINE12
AUTO-INJECTORS, REGARDLESS OF THE AMOUNT OR TYPE OF EPINEPHRINE13
NEEDED TO FILL THE COVERED PERSON 'S PRESCRIPTION.14
(3) N
OTHING IN THIS SECTION PREVENTS A CARRIER FROM15
REDUCING A COVERED PERSON 'S COST SHARING TO AN AMOUNT THAT IS16
LOWER THAN THE AMOUNT SPECIFIED IN SUBSECTION (2) OF THIS SECTION.17
(4) T
HE COVERAGE REQUIRED BY THIS SECTION MAY BE OFFERED
18
THROUGH A HIGH DEDUCTIBLE PLAN THAT QUALIFIES FOR A HEALTH19
SAVINGS ACCOUNT PURSUANT TO 26 U.S.C. SEC. 223 OF THE FEDERAL20
"I
NTERNAL REVENUE CODE OF 1986"; EXCEPT THAT A CARRIER MAY
21
APPLY DEDUCTIBLE AMOUNTS FOR THE REQUIRED COVERAGE IF THE22
COVERAGE IS NOT CONSIDERED BY THE UNITED STATES DEPARTMENT OF23
THE TREASURY TO BE PREVENTIVE OR TO HAVE AN ACCEPTABLE24
DEDUCTIBLE AMOUNT.25
(5) THE COMMISSIONER MAY USE ANY OF THE COMMISSIONER 'S26
ENFORCEMENT POWERS TO OBTAIN A CARRIER 'S COMPLIANCE WITH THIS27
1002
-4- SECTION.1
(6) THE COMMISSIONER MAY PROMULGATE RULES AS NECESSARY2
TO IMPLEMENT AND ADMINISTER THIS SECTION AND TO ALIGN WITH3
FEDERAL REQUIREMENTS.4
SECTION 3. In Colorado Revised Statutes, add 12-280-141 as5
follows:6
12-280-141. Epinephrine auto-injector affordability program7
- record keeping - reimbursement - definitions. (1) A
S USED IN THIS8
SECTION:9
(a) "C
ONSUMER PRICE INDEX " MEANS THE UNITED STATES10
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE11
INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL12
URBAN CONSUMERS , OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR13
INDEX.14
(b) "D
IVISION OF INSURANCE" MEANS THE DIVISION OF INSURANCE15
IN THE DEPARTMENT OF REGULATORY AGENCIES , CREATED IN SECTION16
10-1-103.17
(c) "E
PINEPHRINE AUTO-INJECTOR" MEANS AN AUTOMATIC18
INJECTION DEVICE FOR INJECTING A MEASURED DOSE OF EPINEPHRINE19
BASED ON THE WEIGHT OF THE PERSON WHO IS TO RECEIVE THE INJECTION .20
(d) "M
ANUFACTURER" MEANS A PERSON ENGAGED IN21
MANUFACTURING EPINEPHRINE AUTO -INJECTORS THAT ARE AVAILABLE22
FOR PURCHASE IN THIS STATE.23
(e) "P
HARMACY" MEANS A PHARMACY OUTLET REGISTERED24
PURSUANT TO THIS ARTICLE 280 WHERE PRESCRIPTIONS ARE COMPOUNDED25
AND DISPENSED.26
(f) "P
ROGRAM" MEANS THE EPINEPHRINE AUTO -INJECTOR27
1002
-5- AFFORDABILITY PROGRAM CREATED IN SUBSECTION (2) OF THIS SECTION.1
(g) "P
ROOF OF RESIDENCY" MEANS A CURRENT AND VALID2
DOCUMENT THAT IS IN ENGLISH, OR IS TRANSLATED INTO ENGLISH AND IS3
UNALTERED, AND THAT INCLUDES THE INDIVIDUAL'S, OR IN THE CASE OF4
A MINOR, THE MINOR'S PARENT'S OR GUARDIAN'S, PRINTED NAME AND5
C
OLORADO RESIDENTIAL ADDRESS . DOCUMENTS THAT MAY BE USED FOR6
PROOF OF RESIDENCY ARE:7
(I) A
COLORADO-ISSUED DRIVER'S LICENSE OR COLORADO8
IDENTIFICATION CARD;9
(II) A
PRINTED BILL, INCLUDING A UTILITY, TELEPHONE, INTERNET,10
CABLE, INSURANCE, MORTGAGE, RENT, WASTE DISPOSAL, WATER OR11
SEWER, MEDICAL, OR OTHER BILL;12
(III) A
CREDIT CARD OR BANK STATEMENT ;13
(IV) A
PAY STUB OR EARNINGS STATEMENT ;14
(V) A
PIECE OF POST-MARKED FIRST-CLASS MAIL OR UNITED15
S
TATES POSTAL SERVICE CHANGE OF ADDRESS CONFIRMATION ;16
(VI) A
PRINTED RENT RECEIPT OR RESIDENTIAL LEASE;17
(VII) A
TRANSCRIPT OR REPORT CARD FROM AN ACCREDITED18
SCHOOL;19
(VIII) A
VEHICLE TITLE OR REGISTRATION;20
(IX) A
N INSURANCE POLICY;21
(X) A
GOVERNMENT-ISSUED LETTER OR STATE OR FEDERAL22
GOVERNMENT-ISSUED CHECK; OR23
(XI) A
RECORD OF MEDICAL SERVICE FROM A SHELTER ,24
TREATMENT FACILITY, OR ASSISTED LIVING FACILITY , INCLUDING A25
HOMELESS SHELTER, WOMEN'S SHELTER, OTHER NONPROFIT SHELTER ,26
HALFWAY HOUSE, NURSING HOME, OR REHABILITATION FACILITY.27
1002
-6- 1
(2) (a) EFFECTIVE JANUARY 1, 2024, THE EPINEPHRINE2
AUTO-INJECTOR AFFORDABILITY PROGRAM IS CREATED TO PROVIDE3
LOW-COST EPINEPHRINE AUTO-INJECTORS TO ELIGIBLE INDIVIDUALS. BY4
J
ANUARY 1, 2024, EACH MANUFACTURER SHALL ESTABLISH PROCEDURES5
TO AND SHALL MAKE EPINEPHRINE AUTO -INJECTORS AVAILABLE IN6
ACCORDANCE WITH THIS SECTION TO ELIGIBLE INDIVIDUALS WHO HOLD A7
VALID PRESCRIPTION FOR EPINEPHRINE AUTO -INJECTORS. THE
8
COMMISSIONER OF INSURANCE MAY DETERMINE THAT A MANUFACTURER9
MEETS THE REQUIREMENTS OF THIS SECTION IF THE MANUFACTURER :10
(I) H
AS A PATIENT ASSISTANCE PROGRAM THAT HAS BEEN
11
REVIEWED AND APPROVED BY THE DIVISION ;12
(II) P
ROVIDES COLORADO PATIENTS WITH EPINEPHRINE
13
AUTO-INJECTORS AT THE COST OF SIXTY DOLLARS OR LESS FOR EACH14
TWO-PACK OF EPINEPHRINE AUTO-INJECTORS; AND15
(III) C
ONTINUES TO MAKE THE PATIENT ASSISTANCE PROGRAM
16
AVAILABLE TO COLORADO PATIENTS WHO MEET THE ELIGIBILITY CRITERIA17
OUTLINED IN SUBSECTION (3) OF THIS SECTION.18
(b) T
HE COMMISSIONER OF INSURANCE SHALL DEVELOP A FORM
19
FOR MANUFACTURERS TO USE IN SEEKING SUCH DETERMINATION .20
(c) I
F A MANUFACTURER DISCONTINUES ITS APPROVED PATIENT
21
ASSISTANCE PROGRAM , THE MANUFACTURER MUST IMMEDIATELY22
IMPLEMENT A PROGRAM TO COMPLY WITH THE REQUIREMENTS OF THIS23
SECTION FOR QUALIFYING COLORADO PATIENTS.24
(3) T
O BE ELIGIBLE TO RECEIVE EPINEPHRINE AUTO -INJECTORS25
THROUGH THE PROGRAM , AN INDIVIDUAL MUST:26
(a) D
EMONSTRATE PROOF OF RESIDENCY IN COLORADO;27
1002
-7- (b) NOT BE ELIGIBLE FOR ASSISTANCE PROVIDED THROUGH THE1
"C
OLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF TITLE 25.5,2
OR THE FEDERAL "HEALTH INSURANCE FOR THE AGED ACT", TITLE XVIII3
OF THE FEDERAL "SOCIAL SECURITY ACT", 42 U.S.C. SEC. 1395 ET SEQ.,4
AS AMENDED;5
(c) H
AVE A VALID EPINEPHRINE AUTO-INJECTOR PRESCRIPTION;6
AND7
(d) N
OT BE ENROLLED IN PRESCRIPTION DRUG COVERAGE THAT8
LIMITS THE TOTAL AMOUNT OF COST SHARING THAT THE ENROLLEE IS9
REQUIRED TO PAY FOR A COVERED PRESCRIPTION TO NOT MORE THAN10
SIXTY DOLLARS FOR A TWO -PACK OF EPINEPHRINE AUTO -INJECTORS,11
REGARDLESS OF THE AMOUNT OR TYPE OF EPINEPHRINE NEEDED TO FILL12
THE PRESCRIPTION.13
(4) (a) T
HE DIVISION OF INSURANCE SHALL DEVELOP AN14
APPLICATION FORM TO BE USED BY AN INDIVIDUAL WHO IS SEEKING15
EPINEPHRINE AUTO-INJECTORS THROUGH THE PROGRAM . AT A MINIMUM,16
THE APPLICATION FORM MUST:17
(I) P
ROVIDE INFORMATION RELATED TO PROGRAM ELIGIBILITY AND18
COVERAGE IN ENGLISH, SPANISH, AND IN EACH LANGUAGE SPOKEN BY AT19
LEAST TWO AND ONE-HALF PERCENT OF THE POPULATION OF ANY COUNTY20
IN WHICH SUCH POPULATION SPEAKS ENGLISH LESS THAN VERY WELL, AS21
DEFINED BY THE UNITED STATES BUREAU OF THE CENSUS AMERICAN22
COMMUNITY SURVEY OR COMPARABLE CENSUS DATA , AND SPEAKS A23
SHARED MINORITY LANGUAGE AT HOME ; AND24
(II) R
EQUIRE THE INDIVIDUAL TO SHOW PROOF THAT THE25
INDIVIDUAL MEETS THE REQUIREMENTS OF SUBSECTION (3) OF THIS26
SECTION.27
1002
-8- (b) THE DIVISION OF INSURANCE AND THE DEPARTMENT OF HEALTH1
CARE POLICY AND FINANCING SHALL MAKE THE APPLICATION FORM2
AVAILABLE ON EACH AGENCY 'S WEBSITE. THE DIVISION OF INSURANCE3
SHALL ALSO MAKE THE APPLICATION FORM AVAILABLE TO PHARMACIES ,4
HEALTH-CARE PROVIDERS, AND HEALTH FACILITIES THAT PRESCRIBE OR5
DISPENSE EPINEPHRINE AUTO-INJECTORS.6
(5) T
O ACCESS EPINEPHRINE AUTO -INJECTORS THROUGH THE7
PROGRAM, AN INDIVIDUAL MUST PRESENT , AT A PHARMACY , A8
COMPLETED, SIGNED, AND DATED APPLICATION FORM WITH PROOF OF9
RESIDENCY. IF THE INDIVIDUAL IS UNDER EIGHTEEN YEARS OF AGE , THE10
INDIVIDUAL'S PARENT OR LEGAL GUARDIAN MAY PROVIDE THE11
PHARMACIST WITH PROOF OF RESIDENCY .12
(6) (a) U
PON RECEIPT OF AN INDIVIDUAL'S PROOF OF RESIDENCY13
AND COMPLETED , SIGNED, AND DATED APPLICATION FORM14
DEMONSTRATING THAT THE INDIVIDUAL IS ELIGIBLE PURSUANT TO15
SUBSECTION (3) OF THIS SECTION, A PHARMACIST SHALL DISPENSE THE16
PRESCRIBED EPINEPHRINE AUTO -INJECTORS. AN INDIVIDUAL WHO IS17
ELIGIBLE TO RECEIVE EPINEPHRINE AUTO -INJECTORS THROUGH THE18
PROGRAM MAY RECEIVE EPINEPHRINE AUTO -INJECTORS AS PRESCRIBED19
FOR TWELVE MONTHS.20
(b) T
HE PHARMACIST IS ENCOURAGED TO INFORM THE INDIVIDUAL :21
(I) T
HAT THE INDIVIDUAL MAY BE ELIGIBLE FOR MEDICAL22
ASSISTANCE PROGRAMS PURSUANT TO THE "COLORADO MEDICAL23
A
SSISTANCE ACT", ARTICLES 4 TO 6 OF TITLE 25.5, OR AN AFFORDABLE24
INSURANCE PRODUCT ON THE HEALTH BENEFIT EXCHANGE CREATED IN25
SECTION 10-22-104; AND26
(II) O
F ANY MANUFACTURER-SPONSORED PROGRAMS THAT ASSIST27
1002
-9- INDIVIDUALS WHO CANNOT AFFORD THEIR PRESCRIPTION EPINEPHRINE1
AUTO-INJECTORS.2
(c) T
HE PHARMACIST SHALL RETAIN A COPY OF THE APPLICATION3
FORM SUBMITTED BY THE INDIVI DUAL FOR TWO YEARS AFTER THE DATE4
THE EPINEPHRINE AUTO-INJECTOR WAS INITIALLY DISPENSED.5
(7) A
PHARMACY THAT DISPENSES EPINEPHRINE AUTO -INJECTORS6
PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION MAY COLLECT A7
COPAYMENT FROM THE INDIVIDUAL TO COVER THE PHARMACY 'S COSTS OF8
PROCESSING AND DISPENSING THE EPINEPHRINE AUTO -INJECTOR, WHICH9
COPAYMENT AMOUNT MUST NOT EXCEED SIXTY DOLLARS FOR EACH10
TWO-PACK OF EPINEPHRINE AUTO -INJECTORS THAT THE PHARMACY11
DISPENSES TO THE INDIVIDUAL.12
(8) (a) E
XCEPT AS PROVIDED IN SUBSECTION (8)(d) OF THIS13
SECTION, UNLESS THE MANUFACTURER AGREES TO SEND TO THE14
PHARMACY A REPLACEMENT SUPPLY OF THE SAME NUMBER OF15
EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH THE PROGRAM , THE16
PHARMACY MAY SUBMIT TO THE MANUFACTURER OF THE DISPENSED17
EPINEPHRINE AUTO -INJECTORS, DIRECTLY OR THROUGH THE18
MANUFACTURER'S DELEGATED REPRESENTATIVE , SUBCONTRACTOR, OR19
OTHER VENDOR, AN ELECTRONIC CLAIM FOR PAYMENT THAT IS MADE IN20
ACCORDANCE WITH THE NATIONAL COUNCIL FOR PRESCRIPTION DRUG21
P
ROGRAMS' STANDARDS FOR ELECTRONIC CLAIMS PROCESSING .22
(b) B
Y JANUARY 1, 2024, EACH MANUFACTURER SHALL DEVELOP23
A PROCESS FOR A PHARMACY TO SUBMIT AN ELECTRONIC CLAIM FOR24
REIMBURSEMENT, INCLUDING AN ACCESSIBLE ONLINE APPLICATION FOR25
REIMBURSEMENT CLAIMS FROM PHARMACIES UNDER THE PROGRAM, AS26
PROVIDED IN SUBSECTION (8)(a) OF THIS SECTION.27
1002
-10- (c) IF THE PHARMACY SUBMITS AN ELECTRONIC CLAIM TO THE1
MANUFACTURER PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION, THE2
MANUFACTURER OR THE MANUFACTURER 'S DELEGATED REPRESENTATIVE,3
SUBCONTRACTOR, OR OTHER VENDOR SHALL, WITHIN THIRTY DAYS AFTER4
RECEIPT OF THE CLAIM, EITHER:5
(I) R
EIMBURSE THE PHARMACY IN AN AMOUNT THAT THE
6
PHARMACY PAID FOR THE NUMBER OF EPINEPHRINE AUTO -INJECTORS7
DISPENSED THROUGH THE PROGRAM ; OR8
(II) S
END THE PHARMACY A REPLACEMENT SUPPLY OF THE SAME
9
NUMBER OF EPINEPHRINE AUTO -INJECTORS IN AN AMOUNT EQUAL TO OR10
GREATER THAN THE NUMBER OF EPINEPHRINE AUTO -INJECTORS DISPENSED11
THROUGH THE PROGRAM PURSUANT TO SUBSECTION (6) OF THIS SECTION.12
(9) T
HE DIVISION OF INSURANCE AND THE DEPARTMENT OF HEALTH13
CARE POLICY AND FINANCING SHALL PROMOTE THE AVAILABILITY OF THE14
PROGRAM TO COLORADANS. THE PROMOTIONAL MATERIAL MUST INCLUDE15
INFORMATION ABOUT EACH MANUFACTURER 'S CONSUMER EPINEPHRINE16
AUTO-INJECTOR PROGRAM, AS APPLICABLE. EACH AGENCY MAY SEEK AND17
ACCEPT GIFTS, GRANTS, AND DONATIONS TO FULFILL THE REQUIREMENTS18
OF THIS SUBSECTION (9).19
(10) A
MANUFACTURER 'S REIMBURSEMENT PURSUANT TO20
SUBSECTION (8)(c) OF THIS SECTION IS NOT A KICKBACK.21
(11) A
MANUFACTURER THAT FAILS TO COMPLY WITH THE22
REQUIREMENTS OF THIS SECTION:23
(a) IS SUBJECT TO A FINE OF TEN THOUSAND DOLLARS FOR EACH24
MONTH OF NONCOMPLIANCE ; AND25
(b) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION26
6-1-105 (1)(uuu).27
1002
-11- SECTION 4. In Colorado Revised Statutes, 6-1-105, amend1
(1)(uuu) as follows:2
6-1-105. Unfair or deceptive trade practices. (1) A person3
engages in a deceptive trade practice when, in the course of the person's4
business, vocation, or occupation, the person:5
(uuu) FAILS TO COMPLY WITH THE REQUIREMENTS OF SECTION6
12-280-141.7
SECTION 5. Appropriation. For the 2023-24 state fiscal year,8
$77,632 is appropriated to the department of regulatory agencies for use9
by the division of insurance. This appropriation is from the division of10
insurance cash fund created in section 10-1-103 (3), C.R.S. To implement11
this act, the division may use this appropriation as follows:12
(a) $68,112 for personal services, which amount is based on an13
assumption that the division will require an additional 1.0 FTE; and14
(b) $9,520 for operating expenses.15
SECTION 6. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2024 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
1002
-12-