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-