Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1123.01 Brita Darling x2241
HOUSE BILL 24-1438
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE IMPLEMENTATION OF CERTAIN AFFORDABLE101
PRESCRIPTION DRUG PROGRAMS .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
.)
The bill makes it a deceptive trade practice under the "Colorado
Consumer Protection Act" for a manufacturer to fail to comply with:
! The insulin affordability program; and
! The requirements for the emergency supply of prescription
insulin.
The bill authorizes the attorney general to enforce:
HOUSE SPONSORSHIP
Mabrey and Jodeh,
SENATE SPONSORSHIP
Roberts,
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. ! The insulin affordability program;
! The requirements for the emergency supply of prescription
insulin; and
! The epinephrine auto-injector affordability program
(epinephrine program).
The bill also increases the amount of a fine for a manufacturer's
failure to comply with the requirements of the insulin affordability
program, the requirements for the emergency supply of prescription
insulin, and the epinephrine program to the amount and frequency that is
permitted under the "Colorado Consumer Protection Act".
The bill requires the state board of pharmacy to provide flyers to
be distributed to pharmacies about the epinephrine program that include
a quick response (QR) code to allow individuals to access and complete
the epinephrine program's application online. The completed, printed
application will include a billing code or other method for the dispensing
pharmacy to be reimbursed for the cost of the epinephrine auto-injector
above any required cost sharing by the individual.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 6-1-105, add2
(1)(eeee) as follows:3
6-1-105. Unfair or deceptive trade practices. (1) A person4
engages in a deceptive trade practice when, in the course of the person's5
business, vocation, or occupation, the person:6
(eeee) F
AILS TO COMPLY WITH THE INSULIN AFFORDABILITY7
PROGRAM PURSUANT TO SECTION 12-280-139 OR THE REQUIREMENTS FOR8
THE EMERGENCY SUPPLY OF PRESCRIPTION INSULIN PURSUANT TO SECTION9
12-280-140.10
SECTION 2. In Colorado Revised Statutes, 12-280-139, amend11
(11) as follows:12
12-280-139. Insulin affordability program - record keeping -13
reimbursement - definitions. (11) (a) A manufacturer that fails to14
comply with the requirements of this section:15
(I) Is subject to a fine of ten thousand dollars for each month of
16
HB24-1438-2- noncompliance IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE1
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE2
"C
OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE3
6;
AND4
(II) E
NGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION5
6-1-105 (1)(eeee).6
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS7
SECTION.8
SECTION 3. In Colorado Revised Statutes, 12-280-140, amend9
(9) as follows:10
12-280-140. Emergency prescription insulin supply - eligibility11
- record keeping. (9) (a) A manufacturer that fails to comply with the12
requirements of this section:13
(I) Is subject to a fine of ten thousand dollars for each month of
14
noncompliance IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE15
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE16
"C
OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE17
6;
AND18
(II) E
NGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION19
6-1-105 (1)(eeee).20
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS21
SECTION.22
SECTION 4. In Colorado Revised Statutes, 12-280-142, amend23
(4)(a) introductory portion, (4)(b), (6)(b)(II), and (11) as follows: 24
12-280-142. Epinephrine auto-injector affordability program25
- record keeping - reimbursement - definitions. (4) (a) The division of26
insurance shall develop an application form
THAT MAY BE ACCESSED AND27
HB24-1438
-3- COMPLETED ONLINE to be used by an individual who is seeking1
epinephrine auto-injectors through the program. At a minimum, the2
application form must:3
(b) (I) The division of insurance and the department of health care4
policy and financing shall make the application form available on each5
agency's website. The division of insurance shall also make the6
application form available to pharmacies, health-care providers, and7
health facilities that prescribe or dispense epinephrine auto-injectors.8
(II) T
HE COMPLETED APPLICATION MUST INCLUDE A BILLING CODE9
OR OTHER INFORMATION FOR THE DISPENSING PHARMACY TO SUBMIT AN10
ELECTRONIC CLAIM TO THE MANUFACTURER , MANUFACTURER 'S11
DELEGATED REPRESENTATIVE , OR OTHER VENDOR FOR REIMBURSEMENT12
PURSUANT TO SUBSECTION (6) OF THIS SECTION.13
(III) T
HE BOARD SHALL SUPPLY INFORMATIONAL FLYERS ABOUT14
THE PROGRAM FOR DISTRIBUTION TO PHARMACIES TO PROVIDE TO15
INDIVIDUALS WHO ARE SEEKING ACCESS TO THE PROGRAM . THE FLYERS16
MUST INCLUDE A QUICK RESPONSE (QR) CODE OR OTHER17
MACHINE-READABLE CODE THAT ALLOWS AN INDIVIDUAL TO ACCESS AND18
COMPLETE THE APPLICATION ON THE DIVISION OF INSURANCE 'S AND THE19
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING 'S WEBSITES.20
(6) (b) The pharmacist is encouraged to inform the individual:21
(II) Of any manufacturer-sponsored programs that assist22
individuals who cannot afford their prescription epinephrine23
auto-injectors
AND PROVIDE THE INDIVIDUAL WITH THE INFORMATIONAL24
FLYER DESCRIBED IN SUBSECTION (4)(b)(III) OF THIS SECTION, IF25
AVAILABLE, ABOUT THE PROGRAM CREATED IN SUBSECTION (2) OF THIS26
SECTION.27
HB24-1438
-4- (11) (a) A manufacturer that fails to comply with the requirements1
of this section:2
(a) (I) Is subject to a fine of ten thousand dollars for each month3
of noncompliance IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE4
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE5
"C
OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE6
6; and7
(b)
(II) Engages in a deceptive trade practice under section8
6-1-105 (1)(zzz).9
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS10
SECTION.11
SECTION 5. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
HB24-1438
-5-