HOUSE BILL 24-1438
BY REPRESENTATIVE(S) Mabrey and Jodeh, Amabile, Bacon,
Boesenecker, Brown, Clifford, Duran, Epps, Froelich, Garcia, Hernandez,
Kipp, Lieder, Lindsay, Lindstedt, Lukens, Martinez, Marvin, Mauro,
McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Story,
Valdez, Velasco, Woodrow, Young, McCluskie, English, Hamrick, Herod,
Joseph, Vigil, Weinberg;
also SENATOR(S) Roberts, Bridges, Buckner, Cutter, Exum, Ginal,
Jaquez Lewis, Michaelson Jenet, Priola, Sullivan, Winter F.
C
ONCERNING THE IMPLEMENTATION OF CERTAIN AFFORDABLE PRESCRIPTION
DRUG PROGRAMS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 6-1-105, add (1)(ffff)
as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (ffff) FAILS TO COMPLY WITH THE MANUFACTURER REQUIREMENTS
UNDER THE INSULIN AFFORDABILITY PROGRAM PURSUANT TO SECTION
12-280-139 OR THE MANUFACTURER REQUIREMENTS FOR THE EMERGENCY
SUPPLY OF PRESCRIPTION INSULIN PURSUANT TO SECTION
12-280-140.
SECTION 2. In Colorado Revised Statutes, 12-280-139, amend
(4), (9), and (11); and repeal (1)(b) as follows:
12-280-139. Insulin affordability program - record keeping -
reimbursement - definitions. (1) As used in this section and section
12-280-140, unless the context otherwise requires:
(b) "Division of insurance" means the division of insurance in the
department of regulatory agencies, created in section 10-1-103.
(4) (a) The division of insurance BOARD shall develop an application
form to be used by an individual who is seeking insulin under the program.
The application form must require the individual to show proof that the
individual meets the requirements of subsection (3) of this section.
(b) The division of insurance and the department of health care
policy and financing BOARD shall make the application form available on
each agency's ITS website. The division of insurance BOARD shall also make
the application form available to pharmacies, health-care providers, and
health facilities that prescribe or dispense insulin.
(9) The division of insurance and the department of health care
policy and financing BOARD shall promote the availability of the program
to Coloradans. The promotional material must include information about
each manufacturer's consumer insulin programs. Each agency
THE BOARD
may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (9).
(11) (a) A manufacturer that fails to comply with the requirements
of this section:
(I) Is subject to a fine of ten thousand dollars for each month of
noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE
"COLORADO
CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE 6; AND
PAGE 2-HOUSE BILL 24-1438 (II) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION
6-1-105 (1)(ffff).
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS
SECTION
.
SECTION 3. In Colorado Revised Statutes, 12-280-140, amend
(3)(a), (7), and (9) as follows:
12-280-140. Emergency prescription insulin supply - eligibility
- record keeping. (3) (a) The division of insurance
BOARD shall create and
make available to the public an application form for individuals seeking an
emergency prescription insulin supply pursuant to this section.
(7) The division of insurance and the department of health care
policy and financing BOARD shall promote the availability of the emergency
prescription insulin supply to Coloradans. The promotional material must
include information about each manufacturer's consumer insulin programs.
Each agency
THE BOARD may seek and accept gifts, grants, and donations
to fulfill the requirements of this subsection (7).
(9) (a) A manufacturer that fails to comply with the requirements of
this section:
(I) Is subject to a fine of ten thousand dollars for each month of
noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS EQUAL TO THE
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE
"COLORADO
CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE 6; AND
(II) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION
6-1-105 (1)(ffff).
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS
SECTION
.
SECTION 4. In Colorado Revised Statutes, 12-280-142, amend
(4), (6)(b)(II), (9), and (11); and repeal (1)(b) as follows:
12-280-142. Epinephrine auto-injector affordability program -
record keeping - reimbursement - definitions. (1) As used in this section:
PAGE 3-HOUSE BILL 24-1438 (b) "Division of insurance" means the division of insurance in the
department of regulatory agencies created in section 10-1-103.
(4) (a) The division of insurance BOARD shall develop an
EPINEPHRINE AUTO-INJECTOR AFFORDABILITY PROGRAM application form to
be used by an individual who is seeking epinephrine auto-injectors through
the program. A
LL MANUFACTURERS SUBJECT TO THIS SECTION SHALL
PARTICIPATE IN THE PROGRAM
. THE APPLICATION FORM MUST BE AVAILABLE
TO INDIVIDUALS
, PHARMACIES, HEALTH-CARE PROVIDERS, AND HEALTH
FACILITIES THROUGH THE BOARD
'S WEBSITE AND MUST BE ACCESSIBLE
THROUGH A QUICK RESPONSE
(QR) CODE OR OTHER MACHINE-READABLE
CODE
. WITHIN A REASONABLE PERIOD OF TIME AFTER THE PUBLICATION OF
THE PROGRAM WEBSITE
, ALL MANUFACTURERS REQUIRED TO PARTICIPATE
IN THE PROGRAM SHALL INCLUDE A LINK TO THE PROGRAM WEBSITE ON THE
MANUFACTURER
'S CONSUMER EPINEPHRINE AUTO -INJECTOR PROGRAM
WEBSITE
. At a minimum, the application form must:
(I) Provide information related to program eligibility and coverage
in English, Spanish, and in each language spoken by at least two and
one-half percent of the population of any county in which such population
speaks English less than very well, as defined by the United States bureau
of the census American community survey or comparable census data, and
speaks a shared minority language at home; and
(II) Require the individual to show proof ATTEST that the individual
meets the requirements of subsection (3) of this section;
AND
(III) INCLUDE THE INFORMATION REQUIRED FOR A PHARMACY TO
SUCCESSFULLY SUBMIT
, PURSUANT TO SUBSECTION (8) OF THIS SECTION, AN
ELECTRONIC CLAIM FOR REIMBURSEMENT THAT IS MADE IN ACCORDANCE
WITH THE
NATIONAL COUNCIL FOR PRESCRIPTION DRUG PROGRAMS'
STANDARDS FOR ELECTRONIC CLAIMS PROCESSING FOR THE COST TO
DISPENSE THE EPINEPHRINE AUTO
-INJECTORS, ABOVE ANY REQUIRED COST
SHARING BY THE INDIVIDUAL AND ADJUDICATED AT THE POINT OF SALE
.
(b) The division of insurance and the department of health care
policy and financing shall make the application form available on each
agency's website. The division of insurance shall also make the application
form available to pharmacies, health-care providers, and health facilities
that prescribe or dispense epinephrine auto-injectors BOARD SHALL SUPPLY
PAGE 4-HOUSE BILL 24-1438 PHARMACIES WITH INFORMATION ABOUT THE PROGRAM TO PROVIDE TO
INDIVIDUALS WHO ARE SEEKING ACCESS TO THE PROGRAM
. THE
INFORMATION MUST CONTAIN A QUICK RESPONSE
(QR) CODE OR OTHER
MACHINE
-READABLE CODE THAT AN INDIVIDUAL MAY USE TO ACCESS THE
PROGRAM APPLICATION AND INCLUDE INFORMATION ON HOW TO SUBMIT A
PROGRAM APPLICATION
.
(6) (b) The pharmacist is encouraged to inform the individual:
(II) Of any manufacturer-sponsored programs that assist individuals
who cannot afford their prescription epinephrine auto-injectors
AND
PROVIDE THE INDIVIDUAL WITH THE INFORMATION DESCRIBED IN
SUBSECTION
(4)(b) OF THIS SECTION ABOUT THE PROGRAM .
(9) The division of insurance and the department of health care
policy and financing BOARD shall promote the availability of the program
to Coloradans. The promotional material must include information about
each manufacturer's consumer epinephrine auto-injector program, as
applicable. Each agency
THE BOARD may seek and accept gifts, grants, and
donations to fulfill the requirements of this subsection (9).
(11) (a) A manufacturer that fails to comply with the requirements
of this section:
(a) (I) Is subject to a fine of ten thousand dollars for each month of
noncompliance. IN AN AMOUNT AND FREQUENCY THAT IS E QUAL TO THE
AMOUNT AND FREQUENCY OF THE FINE PERMITTED UNDER THE
"COLORADO
CONSUMER PROTECTION ACT", PART 1 OF ARTICLE 1 OF TITLE 6; and
(b)
(II) Engages in a deceptive trade practice under section 6-1-105
(1)(zzz).
(b) T
HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS
SECTION
.
SECTION 5. Appropriation. For the 2024-25 state fiscal year,
$8,874 is appropriated to the department of regulatory agencies for use by
the division of professions and occupations. This appropriation is from the
division of professions and occupations cash fund created in section
12-20-105 (3), C.R.S., and is based on an assumption that the division will
PAGE 5-HOUSE BILL 24-1438 require an additional 0.2 FTE. To implement this act, the division may use
this appropriation for personal services.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1438