Colorado 2025 Regular Session

Colorado House Bill HB1309 Latest Draft

Bill / Engrossed Version Filed 04/06/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0496.01 Brita Darling x2241
HOUSE BILL 25-1309
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING PROTECTING ACCESS TO GENDER -AFFIRMING HEALTH101
CARE.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
.)
Under current law, health benefit insurance plans (health benefit
plans) include coverage for "gender-affirming health care" as part of
individual and group health benefit plans. "Gender-affirming health care"
is defined in the bill as supplies, care, and services of a medical,
behavioral health, mental health, psychiatric, habilitative, surgical,
therapeutic, diagnostic, preventive, rehabilitative, or supportive nature
HOUSE
3rd Reading Unamended
April 6, 2025
HOUSE
2nd Reading Unamended
April 4, 2025
HOUSE SPONSORSHIP
Brown and Titone, Bacon, Clifford, Duran, Froelich, Garcia, Gilchrist, Hamrick, Joseph,
Lieder, Lindsay, Lindstedt, Mabrey, Martinez, Mauro, McCormick, Paschal, Rutinel, Rydin,
Sirota, Smith, Stewart K., Stewart R., Story, Valdez, Velasco, Willford, Woodrow, Zokaie,
Boesenecker, Camacho, Espenoza, Lukens, Marshall, McCluskie
SENATE SPONSORSHIP
Cutter and Gonzales J.,
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. relating to the treatment of gender dysphoria (gender-affirming health
care). The bill codifies gender-affirming health care treatments in statute
and prohibits a health benefit plan from denying or limiting medically
necessary gender-affirming health care, as determined and prescribed by
a physical or behavioral health-care provider (health-care provider).
In addition, the bill exempts prescriptions for testosterone from the
tracking requirements of the prescription drug use monitoring program
and blocks archived records from view.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-16-104, add (29)2
as follows:3
10-16-104.  Mandatory coverage provisions - definitions - rules4
- applicability. (29)  Gender-affirming health care - rules - definitions.5
(a)  A
S USED IN THIS SUBSECTION (29), UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(I)  "G
ENDER-AFFIRMING HEALTH CARE" MEANS ALL SUPPLIES,8
CARE, AND SERVICES OF A MEDICAL , BEHAVIORAL HEALTH , MENTAL9
HEALTH, PSYCHIATRIC, HABILITATIVE, SURGICAL, THERAPEUTIC,10
DIAGNOSTIC, PREVENTIVE, REHABILITATIVE, OR SUPPORTIVE NATURE11
RELATING TO THE TREATMENT OF GENDER DYSPHORIA	.12
"G
ENDER-AFFIRMING HEALTH CARE" INCLUDES THE FOLLOWING, OR ANY13
COMBINATION OF THE FOLLOWING :14
(A)  H
ORMONE THERAPY;15
(B)  B
LEPHAROPLASTY, EYE AND LID;16
(C)  F
ACE, FOREHEAD, OR NECK SKIN TIGHTENING;17
(D)  F
ACIAL BONE REMODELING;18
(E)  G
ENIOPLASTY;19
(F)  R
HYTIDECTOMY FOR THE CHEEK , CHIN, OR NECK;20
(G)  C
HEEK, CHIN, OR NOSE IMPLANTS;21
1309-2- (H)  LIP LIFT OR AUGMENTATION;1
(I)  M
ANDIBULAR ANGLE AUGMENTATION	, CREATION, OR2
REDUCTION;3
(J)  O
RBITAL RECONTOURING;4
(K)  R
HINOPLASTY;5
(L)  L
ASER OR ELECTROLYSIS HAIR REMOVAL ;6
(M)  B
REAST OR CHEST AUGMENTATION , REDUCTION, OR7
CONSTRUCTION; AND8
(N)  G
ENITAL AND NONGENITAL SURGICAL PROCEDURES .9
(II)  "M
EDICALLY NECESSARY" MEANS A PHYSICAL OR BEHAVIORAL10
HEALTH-CARE PROVIDER HAS DETERMINED THAT THE PRESCRIBED11
GENDER-AFFIRMING HEALTH CARE IS NECESSARY FOR THE TREATMENT OF12
GENDER DYSPHORIA.13
(b)  S
UBJECT TO THE REQUIREMENTS SET FORTH IN SUBSECTION14
(29)(d) 
OF THIS SECTION, ALL HEALTH BENEFIT PLANS ISSUED OR RENEWED15
IN THE STATE SHALL PROVIDE COVERAGE FOR GENDER -AFFIRMING HEALTH16
CARE. THE HEALTH BENEFIT PLAN MUST PROVIDE THE COVERAGE17
REGARDLESS OF THE COVERED PERSON 'S SEX OR GENDER.18
(c)  T
HE COMMISSIONER SHALL ADOPT RULES CONSISTENT WITH19
AND AS NECESSARY TO IMPLEMENT THIS SUBSECTION (29).20
(d)  A
 HEALTH BENEFIT PLAN SHALL NOT DENY OR LIMIT21
GENDER-AFFIRMING HEALTH CARE THAT IS:22
(I)  M
EDICALLY NECESSARY, AS DETERMINED BY THE PHYSICAL OR23
BEHAVIORAL HEALTH -CARE PROVIDER WHO PRESCRIBES THE24
GENDER-AFFIRMING HEALTH CARE; AND25
(II)  P
RESCRIBED IN ACCORDANCE WITH GENERALLY ACCEPTED26
STANDARDS OF CARE FOR THE PROFESSION .27
1309
-3- SECTION 2. In Colorado Revised Statutes, 12-280-403, add1
(1.5) as follows:2
12-280-403.  Prescription drug use monitoring program -3
registration required - applications - rules - appropriation. (1.5)  T
HE4
REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A PRESCRIPTION FOR5
TESTOSTERONE. THE DIVISION SHALL BLOCK ARCHIVED TESTOSTERONE6
PRESCRIPTIONS FROM VIEW.7
SECTION 3. In Colorado Revised Statutes, 12-280-404, amend8
(2)(c) as follows:9
12-280-404.  Program operation - access - rules - definitions.10
(2) (c) (I)  E
XCEPT AS PROVIDED IN SUBSECTION (2)(c)(II) OF THIS11
SECTION, the program shall track all controlled substances dispensed in12
this state. Each pharmacy shall upload all controlled substances dispensed13
in each pharmacy in accordance with all applicable reporting14
requirements.15
(II)  T
HE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A16
PRESCRIPTION FOR TESTOSTERONE. THE DIVISION SHALL BLOCK ARCHIVED17
TESTOSTERONE PRESCRIPTIONS FROM VIEW .18
SECTION 4. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
1309
-4-