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April 26, 2023 SB 23-176
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 20, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0473
Sen. Moreno; Cutter
Rep. deGruy Kennedy
Date:
Bill Status:
Fiscal Analyst:
April 26, 2023
House Public & Behavioral Health
Shukria Maktabi | 303-866-4720
shukria.maktabi@coleg.gov
Bill Topic: PROTECTIONS FOR PEOPLE WITH AN EATING DISORDER
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates prohibitions and requirements related to health care services for
individuals with disordered eating. The bill minimally increases state expenditures
beginning in FY 2023-24.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Summary of Legislation
The bill creates prohibitions and requirements related to health care services for individuals with
disordered eating, including:
prohibiting Medicaid, starting July 1, 2023, and health insurance plans, starting January 1, 2024,
from using body mass index, ideal body weight, or any achieved weight standard to determine
medical need or the level of care for individuals with disordered eating; and
prohibiting retail establishments from selling over-the-counter diet pills to individuals under
18-years-old without prescriptions, with rules to be created by the State Board of Pharmacy within
the Department of Regulatory Agencies (DORA).
State Expenditures
The bill increases state workload for DORA and the Department of Health Care Policy and Financing
beginning in FY 2023-24, as discussed below.
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April 26, 2023 SB 23-176
Department of Regulatory Agencies. Workload in the Division of Insurance and the State Board of
Pharmacy, both located within DORA, will increase by a minimal amount starting in FY 2023-24.
Specifically, these divisions will need to update rules, conduct outreach with health insurance carriers
and retail establishments, and respond to consumer inquiries and complaints. It is assumed that this
work can be accomplished within existing appropriations.
Department of Health Care Policy and Financing. Any impact from the prohibition on using certain
metrics to determine medical necessity is anticipated to have a minimal effect on the number of
Medicaid members with disordered eating from being admitted and discharged from residential
facilities, or the length of time members stay in such facilities. Any changes in utilization will be
addressed through the annual budget process.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature,
except the requirement for health benefit plans takes effect on January 1, 2024, and the requirement
on retail establishments takes effect July 1, 2024.
State and Local Government Contacts
Behavioral Health Administration Corrections
Health Care Policy and Financing Higher Education
Human Services Information Technology
Law Public Health and Environment
Regulatory Agencies Revenue
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.