Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-1123.01 Brita Darling x2241
HOUSE BILL 24-1438
House Committees Senate Committees
Health & Human Services Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE IMPLEMENTATION OF CERTAIN AFFORDABLE101
PRESCRIPTION DRUG
PROGRAMS, AND, IN CONNECTION102
THEREWITH, MAKING AN APPROPRIATION .103
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.
SENATE
Amended 2nd Reading
May 1, 2024
HOUSE
3rd Reading Unamended
April 24, 2024
HOUSE
Amended 2nd Reading
April 20, 2024
HOUSE SPONSORSHIP
Mabrey and Jodeh, Amabile, Bacon, Boesenecker, Brown, Clifford, Duran, Epps,
Froelich, Garcia, Hernandez, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Martinez, Marvin,
Mauro, McCluskie, McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Story,
Valdez, Velasco, Woodrow, Young
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 bill authorizes the attorney general to enforce:
! 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
MANUFACTURER7
REQUIREMENTS UNDER THE INSULIN AFFORDABILITY PROGRAM PURS UANT8
TO SECTION 12-280-139 OR THE MANUFACTURER REQUIREMENTS FOR THE9
EMERGENCY SUPPLY OF PRESCRIPTION INSULIN PURSUANT TO SECTION10
12-280-140.11
SECTION 2. In Colorado Revised Statutes, 12-280-139, amend12
(4), (9), and (11); and repeal (1)(b) as follows:13
12-280-139. Insulin affordability program - record keeping -14
reimbursement - definitions. (1) As used in this section and section15
1438-2- 12-280-140, unless the context otherwise requires:1
(b) "Division of insurance" means the division of insurance in the2
department of regulatory agencies, created in section 10-1-103.3
(4) (a) The division of insurance BOARD shall develop an4
application form to be used by an individual who is seeking insulin under5
the program. The application form must require the individual to show6
proof that the individual meets the requirements of subsection (3) of this7
section.8
(b) The division of insurance and the department of health care9
policy and financing BOARD shall make the application form available on10
each agency's ITS website. The division of insurance BOARD shall also11
make the application form available to pharmacies, health-care providers,12
and health facilities that prescribe or dispense insulin.13
(9) The division of insurance and the department of health care14
policy and financing BOARD shall promote the availability of the program15
to Coloradans. The promotional material must include information about16
each manufacturer's consumer insulin programs. Each agency THE BOARD17
may seek and accept gifts, grants, and donations to fulfill the18
requirements of this subsection (9).19
(11) (a) A manufacturer that fails to comply with the requirements20
of this section:21
(I) Is subject to a fine of ten thousand dollars for each month of22
noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE23
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE24
"C
OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE25
6;
AND26
(II) E
NGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION27
1438
-3- 6-1-105 (1)(eeee).1
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS2
SECTION.3
SECTION 3. In Colorado Revised Statutes, 12-280-140, amend4
(3)(a), (7), and
(9) as follows:5
12-280-140. Emergency prescription insulin supply - eligibility6
- record keeping. (3) (a) The division of insurance BOARD shall create7
and make available to the public an application form for individuals8
seeking an emergency prescription insulin supply pursuant to this section.9
(7) The division of insurance and the department of health care10
policy and financing BOARD shall promote the availability of the11
emergency prescription insulin supply to Coloradans. The promotional12
material must include information about each manufacturer's consumer13
insulin programs. Each agency THE BOARD may seek and accept gifts,14
grants, and donations to fulfill the requirements of this subsection (7).15
(9) (a) A manufacturer that fails to comply with the requirements16
of this section:17
(I) Is subject to a fine of ten thousand dollars for each month of18
noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE19
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE20
"C
OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE21
6;
AND22
(II) E
NGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION23
6-1-105 (1)(eeee).24
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS25
SECTION.26
SECTION 4. In Colorado Revised Statutes, 12-280-142, amend27
1438
-4- (4), (6)(b)(II), (9), and (11); and repeal (1)(b) as follows: 1
12-280-142. Epinephrine auto-injector affordability program2
- record keeping - reimbursement - definitions. (1) As used in this3
section:4
(b) "Division of insurance" means the division of insurance in the5
department of regulatory agencies created in section 10-1-103.6
(4) (a) The division of insurance BOARD shall develop an7
EPINEPHRINE AUTO-INJECTOR AFFORDABILITY PROGRAM application form 8
to be used by an individual who is seeking epinephrine auto-injectors9
through the program. ALL MANUFACTURERS SUBJECT TO THIS SECTION10
SHALL PARTICIPATE IN THE PROGRAM. THE APPLICATION FORM MUST BE11
AVAILABLE TO INDIVIDUALS, PHARMACIES, HEALTH-CARE PROVIDERS, AND12
HEALTH FACILITIES THROUGH THE BOARD 'S WEBSITE AND MUST BE13
ACCESSIBLE THROUGH A QUICK RESPONSE (QR) CODE OR OTHER14
MACHINE-READABLE CODE. WITHIN A REASONABLE PERIOD OF TIME AFTER15
THE PUBLICATION OF THE PROGRAM WEBSITE, ALL MANUFACTURERS16
REQUIRED TO PARTICIPATE IN THE PROGRAM SHALL INCLUDE A LINK TO17
THE PROGRAM WEBSITE ON THE MANUFACTURER 'S CONSUMER18
EPINEPHRINE AUTO-INJECTOR PROGRAM WEBSITE. At a minimum, the19
application form must:20
(I) Provide information related to program eligibility and coverage21
in English, Spanish, and in each language spoken by at least two and22
one-half percent of the population of any county in which such population23
speaks English less than very well, as defined by the United States bureau24
of the census American community survey or comparable census data,25
and speaks a shared minority language at home; and26
(II) Require the individual to show proof ATTEST that the27
1438
-5- individual meets the requirements of subsection (3) of this section; AND1
(III) INCLUDE THE INFORMATION REQUIRED FOR A PHARMACY TO2
SUCCESSFULLY SUBMIT, PURSUANT TO SUBSECTION (8) OF THIS SECTION,3
AN ELECTRONIC CLAIM FOR REIMBURSEMENT THAT IS MADE IN4
ACCORDANCE WITH THE NATIONAL COUNCIL FOR PRESCRIPTION DRUG5
PROGRAMS' STANDARDS FOR ELECTRONIC CLAIMS PROCESSING FOR THE6
COST TO DISPENSE THE EPINEPHRINE AUTO-INJECTORS, ABOVE ANY7
REQUIRED COST SHARING BY THE INDIVIDUAL AND ADJUDICATED AT THE8
POINT OF SALE.9
(b) The division of insurance and the department of health care10
policy and financing shall make the application form available on each11
agency's website. The division of insurance shall also make the12
application form available to pharmacies, health-care providers, and13
health facilities that prescribe or dispense epinephrine auto-injectors14
BOARD SHALL SUPPLY PHARMACIES WITH INFORMATION ABOUT THE15
PROGRAM TO PROVIDE TO INDIVIDUALS WHO ARE SEEKING ACCESS TO THE16
PROGRAM. THE INFORMATION MUST CONTAIN A QUICK RESPONSE (QR)17
CODE OR OTHER MACHINE-READABLE CODE THAT AN INDIVIDUAL MAY USE18
TO ACCESS THE PROGRAM APPLICATION AND INCLUDE INFORMATION ON19
HOW TO SUBMIT A PROGRAM APPLICATION .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
INFORMATION24
DESCRIBED IN SUBSECTION (4)(b) OF THIS SECTION ABOUT THE25
PROGRAM.26
(9) The division of insurance and the department of health care27
1438
-6- policy and financing BOARD shall promote the availability of the program1
to Coloradans. The promotional material must include information about2
each manufacturer's consumer epinephrine auto-injector program, as3
applicable. Each agency THE BOARD may seek and accept gifts, grants,4
and donations to fulfill the requirements of this subsection (9).5
(11) (a) A manufacturer that fails to comply with the requirements6
of this section:7
(a) (I) Is subject to a fine of ten thousand dollars for each month8
of noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE9
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE10
"C
OLORADO CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE11
6; and12
(b)
(II) Engages in a deceptive trade practice under section13
6-1-105 (1)(zzz).14
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS15
SECTION.16
SECTION 5. Appropriation. For the 2024-25 state fiscal year,17
$8,874 is appropriated to the department of regulatory agencies for use by18
the division of professions and occupations. This appropriation is from19
the division of professions and occupations cash fund created in section20
12-20-105 (3), C.R.S., and is based on an assumption that the division21
will require an additional 0.2 FTE. To implement this act, the division22
may use this appropriation for personal services.23
SECTION 6. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
1438
-7- the support and maintenance of the departments of the state and state1
institutions.2
1438
-8-