Amendments for HB21-1307
House Journal, May 20
46 HB21-1307 be amended as follows, and as so amended, be referred to
47 the Committee on Appropriations with favorable
48 recommendation:
49
50 Amend printed bill, page 2, lines 13 and 14, strike "10-16-151.3 and
51 10-16-151.5" and substitute "12-280-137 and 12-280-138".
52
53 Page 2, line 15, strike "10-16-151.3." and substitute "12-280-137.".
54
55 Page 2, line 17, strike "10-16-151.5," and substitute "12-280-138,".
1 Page 2, after line 22 insert:
2
3 "(b) "DIVISION OF INSURANCE" MEANS THE DIVISION OF
4 INSURANCE IN THE DEPARTMENT OF REGULATORY AGENCIES, CREATED IN
5 SECTION 10-1-103.".
6
7 Reletter succeeding paragraphs accordingly.
8
9 Page 3, line 8, strike "ARTICLE 280 OF TITLE 12" and substitute "THIS
10 ARTICLE 280".
11
12 Page 3, line 19, strike "THE" and substitute "EFFECTIVE JANUARY 1, 2022,
13 THE".
14
15 Page 3, lines 19 and 20, strike "IN THE DIVISION".
16
17 Page 3, line 20, after the period add "BY JANUARY 1, 2022, EACH
18 MANUFACTURER SHALL ESTABLISH PROCEDURES TO MAKE INSULIN
19 AVAILABLE IN ACCORDANCE WITH THIS SECTION TO ELIGIBLE INDIVIDUALS
20 WHO NEED ACCESS TO AN AFFORDABLE INSULIN SUPPLY.".
21
22 Page 5, line 5, after "(b)" insert "THE PHARMACIST IS ENCOURAGED TO
23 INFORM THE INDIVIDUAL THAT THEY MAY BE ELIGIBLE FOR THE
24 "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF TITLE 25.5,
25 OR AN AFFORDABLE INSURANCE PRODUCT ON THE STATE-BASED
26 MARKETPLACE.
27 (c)".
28
29 Page 5, line 13, strike "(8)(c)" and substitute "(8)(d)".
30
31 Page 5, after line 22 insert:
32 "(b) BY JANUARY 1, 2022, EACH MANUFACTURER SHALL DEVELOP
33 A PROCESS FOR A PHARMACY TO SUBMIT AN ELECTRONIC CLAIM FOR
34 REIMBURSEMENT AS PROVIDED IN SUBSECTION (8)(a) OF THIS SECTION.".
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 5, line 26, strike "SHALL" and substitute "SHALL, WITHIN THIRTY
39 DAYS AFTER RECEIPT OF THE CLAIM,".
40
41 Page 6, after line 18 insert:
42
43 "(10) A MANUFACTURER'S REIMBURSEMENT PURSUANT TO
44 SUBSECTION (8)(b) OF THIS SECTION IS NOT A KICKBACK.
45 (11) A MANUFACTURER THAT FAILS TO COMPLY WITH THE
46 REQUIREMENTS OF THIS SECTION IS SUBJECT TO A FINE OF TEN THOUSAND
47 DOLLARS FOR EACH MONTH OF NONCOMPLIANCE.".
48
49 Page 6, line 19, strike "10-16-151.5." and substitute "12-280-138.".
50
51 Page 6, line 20, strike "(1) AN" and substitute "(1) (a) EFFECTIVE
52 JANUARY 1, 2022, AN".
53
54 Page 6, after line 25 insert:
55
1 "(b) BY JANUARY 1, 2022, EACH MANUFACTURER SHALL
2 ESTABLISH PROCEDURES TO MAKE INSULIN AVAILABLE IN ACCORDANCE
3 WITH THIS SECTION TO ELIGIBLE INDIVIDUALS WHO NEED ACCESS TO AN
4 EMERGENCY PRESCRIPTION INSULIN SUPPLY.".
5
6 Page 8, line 1, strike "(6)(c)" and substitute "(6)(d)".
7
8 Page 8, after line 10 insert:
9 "(b) BY JANUARY 1, 2022, EACH MANUFACTURER SHALL DEVELOP
10 A PROCESS FOR A PHARMACY TO SUBMIT AN ELECTRONIC CLAIM FOR
11 REIMBURSEMENT AS PROVIDED IN SUBSECTION (6)(a) OF THIS SECTION.".
12
13 Reletter succeeding paragraphs accordingly.
14
15 Page 8, line 14, strike "SHALL" and substitute "SHALL, WITHIN THIRTY
16 DAYS AFTER RECEIPT OF THE CLAIM,".
17
18 Page 9, after line 3 insert:
19
20 "(8) A MANUFACTURER'S REIMBURSEMENT PURSUANT TO
21 SUBSECTION (6)(b) OF THIS SECTION IS NOT A KICKBACK.
22 (9) A MANUFACTURER THAT FAILS TO COMPLY WITH THE
23 REQUIREMENTS OF THIS SECTION IS SUBJECT TO A FINE OF TEN THOUSAND
24 DOLLARS FOR EACH MONTH OF NONCOMPLIANCE.".
25
26 After "DIVISION" insert "OF INSURANCE" on: Page 4, lines 8, 13, and 15;
27 Page 6, line 15; Page 7, line 7; and Page 8, line 26.
28
29
House Journal, May 22
7 Amendment No. 1, Health & Insurance Report, dated May 19, 2021, and
8 placed in member's bill file; Report also printed in House Journal,
9 May 20, 2021.
10
11 Amendment No. 2, by Representative Baisley.
12
13 Amend the Health and Insurance Committee Report, dated May 19, 2021,
14 page 2, strike line 9 and substitute:
15
16 "(c) THE PHARMACIST IS ENCOURAGED TO NOTIFY THE INDIVIDUAL
17 OF ANY MANUFACTURER-SPONSORED PROGRAMS THAT ASSIST
18 INDIVIDUALS WHO CANNOT AFFORD THEIR PRESCRIPTION INSULIN.
19 (d)".".
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
23
Senate Journal, June 2
HB21-1307 by Representative(s) Roberts, McCluskie; also Senator(s) Donovan and Jaquez Lewis--
Concerning measures to increase access to prescription insulin for persons with diabetes.
Amendment No. 1(L.008), by Senator Donovan.
Amend reengrossed bill, page 2, after line 1 insert:
"SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) Approximately 300,000 Coloradans live with type 1 or type 2
diabetes, with as many as 110,000 additional undiagnosed diabetes patients.
Around 73,800 Coloradans rely on insulin to manage their diabetes.
(b) Access to this critical life-saving drug is cost-prohibitive for many
Coloradans, as the average dosage unit cost of all insulin types increased
roughly 280% between 2010 and 2018;
(c) The inability to afford insulin has resulted in individuals attempting
to ration or underdose their insulin supply. In one study of 354 eligible patients
at the Yale Diabetes Center in Connecticut, 25.5% of patients reported
cost-related insulin underuse.
(d) Rationing or underdosing insulin is dangerous for a person with
diabetes and can result in the deadly condition of diabetic ketoacidosis;
(e) It is necessary to protect the public health, safety, and welfare of
Colorado citizens by providing affordable and emergency life-sustaining insulin
to those who need it; and
(f) This act does not require the state to physically appropriate insulin
for its own use; rather, this act governs the reimbursement of insulin provided
through the programs created in this act.".
Renumber succeeding sections accordingly.
Senate Journal, June 2
HB21-1307 by Representative(s) Roberts, McCluskie; also Senator(s) Donovan and Jaquez Lewis--
Concerning measures to increase access to prescription insulin for persons with diabetes.
Senator Zenzinger moved to amend the report of the Committee of the Whole to show that
the following Zenzinger floor amendment, (L.030) to HB21-1307, did pass.
Amend reengrossed bill, page 2, lines 13 and 14, strike "12-280-137 and
12-280-138" and substitute "10-16-151.3 and 10-16-151.5".
Page 2, line 15, strike "12-280-137." and substitute "10-16-151.3.".
Page 2, line 17, strike "12-280-138," and substitute "10-16-151.5,".
Page 2, strike lines 18 through 22.
Page 3, strike lines 1 through 9.
Page 3, line 11, strike "THIS ARTICLE 280" and substitute "ARTICLE 280 OF TITLE
12".
Reletter succeeding paragraphs accordingly.
Page 3, strike lines 15 through 21.
Page 3, strike lines 24 through 27 and substitute "ELIGIBLE INDIVIDUALS.".
Strike page 6.
Page 7, strike lines 1 through 6.
Renumber succeeding subsections accordingly.
Page 7, line 11, strike "(9)." and substitute "(8).".
Page 7, strike lines 12 through 17 and substitute:
"(9) THE DIVISION SHALL ESTABLISH A PROCESS TO REIMBURSE A
PHARMACIST FOR THE COST OF DISPENSING INSULIN PURSUANT TO THIS SECTION.
10-16-151.5. Emergency prescription supply - eligibility".
Page 7, line 18, strike "(a)".
Page 7, strike lines 24 through 27.
Page 9, strike lines 4 through 27.
Page 10, strike lines 1 through 5.
Renumber succeeding subsections accordingly.
Page 10, line 10, strike "(7)." and substitute "(6).".
Page 10, strike lines 11 through 15 and substitute:
"(7) THE DIVISION SHALL ESTABLISH A PROCESS TO REIMBURSE A
PHARMACIST FOR THE COST OF DISPENSING INSULIN PURSUANT TO THIS
SECTION.".
Strike "OF INSURANCE" on: Page 4, lines 15, 20, and 22; Page 7, line 7; Page
8, line 9; and Page 10, line 6.
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 16 NO 19 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Lee N Simpson Y
Buckner N Ginal N Liston Y Smallwood Y
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram Y Hisey Y Pettersen N Winter N
Danielson N Holbert Y Priola Y Woodward Y
Donovan N Jaquez Lewis N Rankin Y Zenzinger Y
Fenberg N Kirkmeyer Y Rodriguez N President N
Fields N Kolker N Scott Y