Amendments for HB23-1225
House Journal, March 20
45 Amend printed bill, page 4, strike line 2 and substitute "(1)(a), (1)(b), and
46 (2) introductory portion; repeal (1)(c); and add (8) as follows:".
47
48 Page 4, line 23, strike "MORE." and substitute "MORE; AND".
49
50 Page 4, line 24, strike "A biosimilar" and substitute "A ANY biosimilar".
51
52 Page 4, line 26, strike "product; or AND" and substitute "product. or".
53
54 Page 4, line 27, strike "OTHER PRESCRIPTION DRUGS THAT ARE".
55
56 Page 5, strike lines 1 and 2.
1 Page 9, strike lines 18 through 26 and substitute:
2
3 "SECTION 11. Act subject to petition - effective date. Section
4 4 of this act takes effect January 1, 2025, and the remainder of this act
5 takes effect at 12:01 a.m. on the day following the expiration of the
6 ninety-day period after final adjournment of the general assembly; except
7 that, if a referendum petition is filed pursuant to section 1 (3) of article V
8 of the state constitution against this act or an item, section, or part of this
9 act within such period, then the act, item, section, or part will not take
10 effect unless approved by the people at the general election to be held in
11 November 2024 and, in such case, will take effect on the date of the
12 official declaration of the vote thereon by the governor; except that
13 section 4 of this act takes effect January 1, 2026.".
14
15 As amended, ordered engrossed and placed on the Calendar for Third
16 Reading and Final Passage.
Senate Journal, April 19
Amend reengrossed bill, page 5, strike line 27.
Page 6, strike lines 1 through 8 and substitute "- severability. (1) (a) The board
may establish an upper payment limit for any prescription drug for which the
board has performed an affordability review pursuant to section 10-16-1406 and
determined that the use of the prescription drug is unaffordable for Colorado
consumers; except that:
(I) The board may not establish an upper payment limit for more than
twelve prescription drugs in each calendar year for three years beginning April
1, 2022, UNLESS THE BOARD DETERMINES THAT THERE IS A NEED TO ESTABLISH
UPPER PAYMENT LIMITS FOR MORE THAN TWELVE PRESCRIPTION DRUGS, IN
WHICH CASE THE BOARD MAY ESTABLISH AN UPPER PAYMENT LIMIT FOR UP TO
EIGHTEEN PRESCRIPTION DRUGS SO LONG AS THE BOARD HAS SUFFICIENT STAFF
SUPPORT TO DO SO; AND
(II) FOR EACH PRESCRIPTION DRUG FOR WHICH THE BOARD ESTABLISHES
AN UPPER PAYMENT LIMIT, THE BOARD MAY INCLUDE MULTIPLE NATIONAL
DRUG CODES, AS DESCRIBED IN 21 CFR 207.33, THAT ARE INDICATED FOR THE
PRESCRIPTION DRUG.
(b) The failure of an entity to provide information to the board pursuant
to section 10-16-1406 (7)(b) does not affect the authority of the board to
establish an upper payment limit for the A prescription drug.".
Page 1, line 104, strike "UNLIMITED" and substitute "ADDITIONAL".
Senate Journal, April 21
HB23-1225 by Representative(s) deGruy Kennedy and Dickson; also Senator(s) Jaquez Lewis and
Buckner--Concerning the prescription drug affordability board, and, in connection
therewith, modifying the affordability review process, allowing the board to establish upper
payment limits for an unlimited number of prescription drugs, clarifying which board
functions are subject to judicial review, authorizing an individual to request an independent
external review of a denial of a request for benefits for a prescription drug that has been
withdrawn from sale or distribution in the state, and extending the repeal date of the board.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 19, page(s) 919 and placed in members' bill files.)
Amendment No. 2(L.021), by Senator Jaquez Lewis.
Amend reengrossed bill, page 3, line 16, after "(3) (c)" insert "(I)".
Page 3, after line 18 insert:
"(II) STAFF MEMBERS AND CONTRACTORS OF THE DIVISION, ON BEHALF
OF THE BOARD, SHALL DISCLOSE ANY CONFLICT OF INTEREST RELATED TO A
PRESCRIPTION DRUG FOR WHICH THE BOARD IS CONDUCTING AN AFFORDABILITY
REVIEW OR ESTABLISHING AN UPPER PAYMENT LIMIT.
(III) NOTWITHSTANDING SUBSECTION (3)(d) OF THIS SECTION AND THE
REPORTING REQUIREMENTS SET FORTH IN SECTION 10-16-1414 (1)(f), A
CONFLICT OF INTEREST DISCLOSED BY A STAFF MEMBER OR BY A CONTRACTOR
OF THE DIVISION, WHICH DISCLOSURE PERTAINS TO A PERSONAL ASSOCIATION,
MUST REMAIN CONFIDENTIAL. THE BOARD, UPON REVIEW OF SUCH A
DISCLOSURE, MAY DIRECT THE STAFF MEMBER OR CONTRACTOR TO RECUSE
THEMSELF BASED ON THE CONFLICT OF INTEREST.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, April 21
HB23-1225 by Representative(s) deGruy Kennedy and Dickson; also Senator(s) Jaquez Lewis and
Buckner--Concerning the prescription drug affordability board, and, in connection
therewith, modifying the affordability review process, allowing the board to establish upper
payment limits for an unlimited number of prescription drugs, clarifying which board
functions are subject to judicial review, authorizing an individual to request an independent
external review of a denial of a request for benefits for a prescription drug that has been
withdrawn from sale or distribution in the state, and extending the repeal date of the board.
Senator Kirkmeyer moved to amend the Report of the Committee of the Whole to show
that the following Simpson floor amendment, (L.022) to HB 23-1225, did pass.
Amend reengrossed bill, page 8, strike lines 13 through 18.
Renumber succeeding sections accordingly.