Amendments for HB23-1002
House Journal, February 3
21 HB23-1002 be amended as follows, and as so amended, be referred to
22 the Committee on Appropriations with favorable
23 recommendation:
24
25 Amend printed bill, page 6, strike lines 19 through 23.
26
27 Page 10, line 4, strike "REIMBURSEMENT" and substitute
28 "REIMBURSEMENT, INCLUDING AN ACCESSIBLE ONLINE APPLICATION FOR
29 REIMBURSEMENT CLAIMS FROM PHARMACIES UNDER THE PROGRAM,".
30
31 Page 10, strike lines 10 through 27.
32
33 Page 11, strike line 1 and substitute:
34
35 "(I) REIMBURSE THE PHARMACY THE AMOUNT THAT THE
36 PHARMACY PAID THE MANUFACTURER FOR THE NUMBER OF EPINEPHRINE
37 AUTO-INJECTORS DISPENSED THROUGH THE PROGRAM; OR
38
39 (II) SEND THE PHARMACY A REPLACEMENT SUPPLY OF THE SAME
40 NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH THE
41 PROGRAM.".
42
43
House Journal, February 6
21 HB23-1002 be amended as follows, and as so amended, be referred to
22 the Committee on Appropriations with favorable
23 recommendation:
24
25 Amend printed bill, page 6, strike lines 19 through 23.
26
27 Page 10, line 4, strike "REIMBURSEMENT" and substitute
28 "REIMBURSEMENT, INCLUDING AN ACCESSIBLE ONLINE APPLICATION FOR
29 REIMBURSEMENT CLAIMS FROM PHARMACIES UNDER THE PROGRAM,".
30
31 Page 10, strike lines 10 through 27.
32
33 Page 11, strike line 1 and substitute:
34
35 "(I) REIMBURSE THE PHARMACY THE AMOUNT THAT THE
36 PHARMACY PAID THE MANUFACTURER FOR THE NUMBER OF EPINEPHRINE
37 AUTO-INJECTORS DISPENSED THROUGH THE PROGRAM; OR
38
39 (II) SEND THE PHARMACY A REPLACEMENT SUPPLY OF THE SAME
40 NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH THE
41 PROGRAM.".
42
43
House Journal, March 2
40 HB23-1002 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
44 Amend printed bill, page 11, after line 13 insert:
45
46 "SECTION 4. Appropriation. For the 2023-24 state fiscal year,
47 $58,291 is appropriated to the department of regulatory agencies for use
48 by the division of insurance. This appropriation is from the division of
49 insurance cash fund created in section 10-1-103 (3), C.R.S. To implement
50 this act, the division may use this appropriation as follows:
51 (a) $49,176 for personal services, which amount is based on an
52 assumption that the division will require an additional 0.7 FTE; and
53 (b) $9,115 for operating expenses.".
54
55 Renumber succeeding section accordingly.
56
1 Page 1, line 101 strike "AUTO-INJECTORS." and substitute "AUTO-
2 INJECTORS, AND, IN CONNECTION THEREWITH, MAKING AN
3 APPROPRIATION.".
4
5
House Journal, March 7
21 Amend the Health and Insurance Committee Report, dated February 3,
22 2023, page 1, line 5, strike the second "10" and substitute "9".
23
24 Page 1, strike line 7 and substitute ""RECEIPT OF THE CLAIM, REIMBURSE
25 THE PHARMACY THE AMOUNT THAT THE".
26
27 Page 1, line 9, strike "PROGRAM; OR" and substitute "PROGRAM.".".
28
29 Page 1, strike lines 10 through 12.
30
31 Amendment No. 4, by Representative Mabrey:
32
33 Amend printed bill, page 11, strike lines 12 and 13 and substitute
34 "REQUIREMENTS OF THIS SECTION:
35 (a) IS SUBJECT TO A FINE OF TEN THOUSAND DOLLARS FOR EACH
36 MONTH OF NONCOMPLIANCE; AND
37 (b) ENGAGES IN A DECEPTIVE TRADE PRACTICE UNDER SECTION
38 6-1-105 (1)(uuu).
39 SECTION 4. In Colorado Revised Statutes, 6-1-105, amend
40 (1)(uuu) as follows:
41 6-1-105. Unfair or deceptive trade practices. (1) A person
42 engages in a deceptive trade practice when, in the course of the person's
43 business, vocation, or occupation, the person:
44 (uuu) FAILS TO COMPLY WITH THE REQUIREMENTS OF SECTION
45 12-280-141.".
46
47 Renumber succeeding section accordingly.
48
49 As amended, ordered engrossed and placed on the Calendar for Third
50 Reading and Final Passage.
Senate Journal, April 12
Amend reengrossed bill, page 4, after line 17, insert:
"(4) THIS SECTION DOES NOT APPLY TO A HIGH DEDUCTIBLE HEALTH
PLAN AS DEFINED BY 26 U.S.C. SEC. 223 (c)(2), AS AMENDED, THAT IS ISSUED OR
RENEWED IN THIS STATE UNTIL A COVERED PERSON HAS MET THE COVERED
PERSON'S APPLICABLE DEDUCTIBLE AMOUNT FOR SUCH PLAN, UNLESS ALLOWED
PURSUANT TO FEDERAL LAW.".
Renumber succeeding subsections accordingly.
Page 6, line 21, after "(2)" insert "(a)".
Page 6, line 27, after the period add "THE COMMISSIONER OF INSURANCE MAY
DETERMINE THAT A MANUFACTURER MEETS THE REQUIREMENTS OF THIS
SECTION IF THE MANUFACTURER:
(I) HAS A PATIENT ASSISTANCE PROGRAM THAT HAS BEEN REVIEWED
AND APPROVED BY THE DIVISION;
(II) PROVIDES COLORADO PATIENTS WITH EPINEPHRINE
AUTO-INJECTORS AT THE COST OF SIXTY DOLLARS OR LESS FOR EACH TWO-PACK
OF EPINEPHRINE AUTO-INJECTORS; AND
(III) CONTINUES TO MAKE THE PATIENT ASSISTANCE PROGRAM
AVAILABLE TO COLORADO PATIENTS WHO MEET THE ELIGIBILITY CRITERIA
OUTLINED IN SUBSECTION (3) OF THIS SECTION.
(b) THE COMMISSIONER OF INSURANCE SHALL DEVELOP A FORM FOR
MANUFACTURERS TO USE IN SEEKING SUCH DETERMINATION.
(c) IF A MANUFACTURER DISCONTINUES ITS APPROVED PATIENT
ASSISTANCE PROGRAM, THE MANUFACTURER MUST IMMEDIATELY IMPLEMENT
A PROGRAM TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION FOR
QUALIFYING COLORADO PATIENTS.".
Page 9, strike lines 16 through 19 and substitute:
"(8) (a) THE".
Page 9, line 25, after the period, add "IF A PHARMACY SUBMITS AN ELECTRONIC
CLAIM TO A MANUFACTURER PURSUANT TO THIS SUBSECTION (8)(a), THE
PHARMACY SHALL PROVIDE DOCUMENTATION OF THE DOLLAR AMOUNT THAT
THE PHARMACY PAID TO ITS WHOLESALER OR OTHER DISTRIBUTOR FOR THE
EPINEPHRINE AUTO-INJECTORS FOR WHICH THE PHARMACY IS SEEKING
REIMBURSEMENT.".
Senate Journal, April 18
After consideration on the merits, the Committee recommends that HB23-1002 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 11, line 7, strike "$58,291" and substitute
"$77,632".
Page 11, line 11, strike "$49,176" and substitute "$68,112".
Page 11, line 12, strike "0.7 FTE" and substitute "1.0 FTE".
Page 11, line 13, strike "$9,115" and substitute "$9,520".
Appro-
priations
Senate Journal, April 20
HB23-1002 by Representative(s) Mabrey and Jodeh; also Senator(s) Roberts--Concerning the
affordability of epinephrine auto-injectors, and, in connection therewith, making an
appropriation.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 12, page(s) 772 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 18, page(s) 878 and placed in members' bill files.)
Amendment No. 3(L.010), by Senator Roberts.
Amend the Health and Human Services Committee Report, dated April 12,
2023, page 1, strike lines 2 through 6 and substitute:
""(4) THE COVERAGE REQUIRED BY THIS SECTION MAY BE OFFERED
THROUGH A HIGH DEDUCTIBLE PLAN THAT QUALIFIES FOR A HEALTH SAVINGS
ACCOUNT PURSUANT TO 26 U.S.C. SEC. 223 OF THE FEDERAL "INTERNAL
REVENUE CODE OF 1986"; EXCEPT THAT A CARRIER MAY APPLY DEDUCTIBLE
AMOUNTS FOR THE REQUIRED COVERAGE IF THE COVERAGE IS NOT CONSIDERED
BY THE UNITED STATES DEPARTMENT OF THE TREASURY TO BE PREVENTIVE OR
TO HAVE AN ACCEPTABLE DEDUCTIBLE AMOUNT.".".
Page 2 of the report, strike lines 2 through 9 and substitute:
"Page 10 of the bill, strike lines 8 through 10 and substitute "RECEIPT OF THE
CLAIM, EITHER:
(I) REIMBURSE THE PHARMACY IN AN AMOUNT THAT THE PHARMACY
PAID FOR THE NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH
THE PROGRAM; OR
(II) SEND THE PHARMACY A REPLACEMENT SUPPLY OF THE SAME
NUMBER OF EPINEPHRINE AUTO-INJECTORS IN AN AMOUNT EQUAL TO OR
GREATER THAN THE NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED
THROUGH THE PROGRAM PURSUANT TO SUBSECTION (6) OF THIS SECTION.".".
Amendment No. 4(L.011), by Senator Roberts.
Amend reengrossed bill, page 4, strike lines 7 through 9 and substitute:
"(2) FOR HEALTH BENEFIT PLANS ISSUED OR RENEWED ON OR AFTER
JANUARY 1, 2024, IF A CARRIER PROVIDES COVERAGE FOR PRESCRIPTION
EPINEPHRINE AUTO-INJECTORS, THE CARRIER SHALL CAP THE TOTAL AMOUNT".
Amendment No. 5(L.012), by Senator Roberts.
Amend the Health and Human Services Committee Report, dated April 12,
2023, page 1, strike lines 2 through 6 and substitute:
""(4) THE COVERAGE REQUIRED BY THIS SECTION MAY BE OFFERED
THROUGH A HIGH DEDUCTIBLE PLAN THAT QUALIFIES FOR A HEALTH SAVINGS
ACCOUNT PURSUANT TO 26 U.S.C. SEC. 223 OF THE FEDERAL "INTERNAL
REVENUE CODE OF 1986"; EXCEPT THAT A CARRIER MAY APPLY DEDUCTIBLE
AMOUNTS FOR THE REQUIRED COVERAGE IF THE COVERAGE IS NOT CONSIDERED
BY THE UNITED STATES DEPARTMENT OF THE TREASURY TO BE PREVENTIVE OR
TO HAVE AN ACCEPTABLE DEDUCTIBLE AMOUNT.".".
Page 2 of the report, strike lines 2 through 9 and substitute:
"Page 10 of the bill, strike lines 8 through 10 and substitute "RECEIPT OF THE
CLAIM, EITHER:
(I) REIMBURSE THE PHARMACY IN AN AMOUNT THAT THE PHARMACY
PAID FOR THE NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH
THE PROGRAM; OR
(II) SEND THE PHARMACY A REPLACEMENT SUPPLY OF THE SAME
NUMBER OF EPINEPHRINE AUTO-INJECTORS IN AN AMOUNT EQUAL TO THE
NUMBER OF EPINEPHRINE AUTO-INJECTORS DISPENSED THROUGH THE PROGRAM
PURSUANT TO SUBSECTION (6) OF THIS SECTION.".".
As amended, ordered revised and placed on the calendar for third reading and final
passage.