Amendments for HB24-1438

House Journal, April 16
50 HB24-1438 be amended as follows, and as so amended, be referred to
51 the Committee on Appropriations with favorable
52 recommendation:
53
54 Amend printed bill, page 2, line 12, strike "(11)" and substitute "(4), (9),
55 and (11); and repeal (1)(b)".
56
1 Page 2, line 14, strike "definitions. (11) (a)" and substitute "definitions.
2 (1) As used in this section and section 12-280-140, unless the context
3 otherwise requires:
4 (b) "Division of insurance" means the division of insurance in the
5 department of regulatory agencies, created in section 10-1-103.
6 (4) (a) The division of insurance BOARD shall develop an
7 application form to be used by an individual who is seeking insulin under
8 the program. The application form must require the individual to show
9 proof that the individual meets the requirements of subsection (3) of this
10 section.
11 (b) The division of insurance and the department of health care
12 policy and financing BOARD shall make the application form available on
13 each agency's ITS website. The division of insurance BOARD shall also
14 make the application form available to pharmacies, health-care providers,
15 and health facilities that prescribe or dispense insulin.
16 (9) The division of insurance and the department of health care
17 policy and financing BOARD shall promote the availability of the program
18 to Coloradans. The promotional material must include information about
19 each manufacturer's consumer insulin programs. Each agency THE BOARD
20 may seek and accept gifts, grants, and donations to fulfill the
21 requirements of this subsection (9).
22 (11) (a)".
23
24 Page 3, line 1, strike "noncompliance" and substitute "noncompliance.".
25
26 Page 3, line 15, strike "noncompliance" and substitute "noncompliance.".
27
28 Page 3, line 24, strike "(4)(a) introductory portion, (4)(b)," and substitute
29 "(4)," and strike "and (11)" and substitute "(9), and (11); and repeal
30 (1)(b)".
31
32 Page 3, line 26, strike "definitions. (4) (a) The division of" and substitute
33 "definitions. (1) As used in this section:
34 (b) "Division of insurance" means the division of insurance in the
35 department of regulatory agencies created in section 10-1-103.
36 (4) (a) The division of".
37
38 Page 3, strike line 27 and substitute "insurance BOARD shall develop an
39 EPINEPHRINE AUTO-INJECTOR AFFORDABILITY PROGRAM application
40 form".
41
42 Page 4, line 1, strike "COMPLETED ONLINE".
43
44 Page 4, line 2, after "program." insert "THE APPLICATION FORM MUST BE
45 ACCEPTED BY ALL MANUFACTURERS SUBJECT TO THIS SECTION. THE
46 APPLICATION FORM MUST BE AVAILABLE TO INDIVIDUALS, PHARMACIES,
47 HEALTH-CARE PROVIDERS, AND HEALTH FACILITIES THROUGH THE
48 DIVISION'S WEBSITE AND MANUFACTURERS' WEBSITES AND MUST BE
49 ACCESSIBLE THROUGH A QUICK RESPONSE (QR) CODE OR OTHER
50 MACHINE-READABLE CODE.".
51
52 Page 4, strike lines 4 through 20 and substitute:
53 "(I) Provide information related to program eligibility and
54 coverage in English, Spanish, and in each language spoken by at least two
55 and one-half percent of the population of any county in which such
1 population speaks English less than very well, as defined by the United
2 States bureau of the census American community survey or comparable
3 census data, and speaks a shared minority language at home; and
4 (II) Require the individual to show proof ATTEST that the
5 individual meets the requirements of subsection (3) of this section; AND
6 (III) INCLUDE THE INFORMATION REQUIRED FOR A PHARMACY TO
7 SUCCESSFULLY SUBMIT, PURSUANT TO SUBSECTION (8) OF THIS SECTION,
8 AN ELECTRONIC CLAIM FOR REIMBURSEMENT THAT IS MADE IN
9 ACCORDANCE WITH THE NATIONAL COUNCIL FOR PRESCRIPTION DRUG
10 PROGRAMS' STANDARDS FOR ELECTRONIC CLAIMS PROCESSING FOR THE
11 COST TO DISPENSE THE EPINEPHRINE AUTO-INJECTORS, ABOVE ANY
12 REQUIRED COST SHARING BY THE INDIVIDUAL AND ADJUDICATED AT THE
13 POINT OF SALE.
14 (b) The division of insurance and the department of health care
15 policy and financing shall make the application form available on each
16 agency's website. The division of insurance shall also make the
17 application form available to pharmacies, health-care providers, and
18 health facilities that prescribe or dispense epinephrine auto-injectors
19 BOARD SHALL SUPPLY PHARMACIES WITH INFORMATION ABOUT THE
20 PROGRAM TO PROVIDE TO INDIVIDUALS WHO ARE SEEKING ACCESS TO THE
21 PROGRAM. THE INFORMATION MUST CONTAIN A QUICK RESPONSE (QR)
22 CODE OR OTHER MACHINE-READABLE CODE THAT AN INDIVIDUAL MAY USE
23 TO ACCESS THE PROGRAM APPLICATION AND INCLUDE INFORMATION ON
24 HOW TO SUBMIT A PROGRAM APPLICATION.".
25
26 Page 4, lines 24 and 25, strike "INFORMATIONAL FLYER" and substitute
27 "INFORMATION".
28
29 Page 4, line 25, strike "(4)(b)(III)" and substitute "(4)(b)" and strike
30 "SECTION, IF" and substitute "SECTION".
31
32 Page 4, line 26, strike "AVAILABLE,".
33
34 Page 4, lines 26 and 27, strike "PROGRAM CREATED IN SUBSECTION (2) OF
35 THIS SECTION." and substitute "PROGRAM.".
36
37 Page 5, before line 1 insert:
38
39 "(9) The division of insurance and the department of health care
40 policy and financing BOARD shall promote the availability of the program
41 to Coloradans. The promotional material must include information about
42 each manufacturer's consumer epinephrine auto-injector program, as
43 applicable. Each agency THE BOARD may seek and accept gifts, grants,
44 and donations to fulfill the requirements of this subsection (9).".
45
46 Page 5, line 4, strike "noncompliance" and substitute "noncompliance.".
47
48

House Journal, April 19
15 HB24-1438 be amended as follows, and as so amended, be referred to
16 the Committee of the Whole with favorable
17 recommendation:
18
19 Amend printed bill, page 5, after line 11 insert:
20
21 "SECTION 5. Appropriation. For the 2024-25 state fiscal year,
22 $8,874 is appropriated to the department of regulatory agencies for use by
23 the division of professions and occupations. This appropriation is from
24 the division of professions and occupations cash fund created in section
25 12-20-105 (3), C.R.S., and is based on an assumption that the division
26 will require an additional 0.2 FTE. To implement this act, the division
27 may use this appropriation for personal services.".
28
29 Page 1, line 102, strike "PROGRAMS." and substitute "PROGRAMS, AND,
30 IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
31
32

House Journal, April 20
48 Amendment No. 1, Appropriations Report, dated April 19, 2024, and
49 placed in member's bill file; Report also printed in House Journal,
50 April 19, 2024.
51
52 Amendment No. 2, Health & Human Services Report, dated April 16,
53 2024, and placed in member's bill file; Report also printed in House
54 Journal, April 17, 2024.
55
56
1 Amendment No. 3, by Representative Jodeh:
2
3 Amend the Health and Human Services Committee Report, dated April
4 16, 2024, page 2, lines 14 and 15, strike ""THE APPLICATION FORM MUST
5 BE ACCEPTED BY ALL MANUFACTURERS SUBJECT TO THIS SECTION." and
6 substitute ""ALL MANUFACTURERS SUBJECT TO THIS SECTION SHALL
7 PARTICIPATE IN THE PROGRAM.".
8
9 Page 2, line 18, strike "MANUFACTURERS' WEBSITES AND".
10
11 Page 2, line 20, strike "CODE."." and substitute "CODE. WITHIN A
12 REASONABLE PERIOD OF TIME AFTER THE PUBLICATION OF THE PROGRAM
13 WEBSITE, ALL MANUFACTURERS REQUIRED TO PARTICIPATE IN THE
14 PROGRAM SHALL INCLUDE A LINK TO THE PROGRAM WEBSITE ON THE
15 MANUFACTURER'S CONSUMER EPINEPHRINE AUTO-INJECTOR PROGRAM
16 WEBSITE.".".
17
18 Amendment No. 4, by Representative Mabrey:
19
20 Amend printed bill, page 2, line 7, after "THE" insert "MANUFACTURER
21 REQUIREMENTS UNDER THE".
22
23 Page 2, line 8, after "THE" insert "MANUFACTURER".
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27

Senate Journal, April 30
After consideration on the merits, the Committee recommends that HB24-1438 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 4, line 5, before "(9)" insert "(3)(a), (7), and".

Page 4, strike lines 7 and substitute "- record keeping. (3) (a) The division of
insurance BOARD shall create and make available to the public an application
form for individuals seeking an emergency prescription insulin supply pursuant
to this section.
(7) The division of insurance and the department of health care policy
and financing BOARD shall promote the availability of the emergency
prescription insulin supply to Coloradans. The promotional material must
include information about each manufacturer's consumer insulin programs.
Each agency THE BOARD may seek and accept gifts, grants, and donations to
fulfill the requirements of this subsection (7).
(9) (a) A manufacturer that fails to comply with the".

Page 5, line 4, strike "DIVISION'S" and substitute "BOARD'S".


Senate Journal, April 30
After consideration on the merits, the Committee recommends that HB24-1438 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 4, line 5, before "(9)" insert "(3)(a), (7), and".

Page 4, strike lines 7 and substitute "- record keeping. (3) (a) The division of
insurance BOARD shall create and make available to the public an application
form for individuals seeking an emergency prescription insulin supply pursuant
to this section.
(7) The division of insurance and the department of health care policy
and financing BOARD shall promote the availability of the emergency
prescription insulin supply to Coloradans. The promotional material must
include information about each manufacturer's consumer insulin programs.
Each agency THE BOARD may seek and accept gifts, grants, and donations to
fulfill the requirements of this subsection (7).
(9) (a) A manufacturer that fails to comply with the".

Page 5, line 4, strike "DIVISION'S" and substitute "BOARD'S".