Amendments for HB25-1222
House Journal, March 13
43 HB25-1222 be amended as follows, and as so amended, be referred to
44 the Committee of the Whole with favorable
45 recommendation:
46
47 Amend printed bill, page 3, strike lines 4 through 19.
48
49 Reletter succeeding paragraphs accordingly.
50
51 Page 5, line 8, strike "(1.5), (6)(a.5)," and substitute "(1.5)".
52
53 Page 5, line 10, strike "definitions." and insert "dispensing fees -
54 definitions.".
55
1 Page 5, line 13, strike "AVERAGE ACQUISITION COST OF A" and substitute
2 "NATIONAL AVERAGE DRUG ACQUISITION COST FOR THE DISPENSED
3 PRESCRIPTION DRUG INGREDIENTS AND A DISPENSING FEE. IF THE
4 NATIONAL AVERAGE DRUG ACQUISITION COST IS NOT AVAILABLE AT THE
5 TIME A PRESCRIPTION DRUG IS ADMINISTERED OR DISPENSED, A PHARMACY
6 BENEFIT MANAGEMENT FIRM SHALL NOT REIMBURSE IN AN AMOUNT THAT
7 IS LESS THAN THE WHOLESALE ACQUISITION COST OF THE PRESCRIPTION
8 DRUG.".
9
10 Page 5, strike line 14.
11
12 Page 5, strike lines 21 through 24.
13
14 Page 5, line 25, strike "(I)".
15
16 Page 5, lines 26 and 27, strike "AS DETERMINED BY THE MEDICAL
17 SERVICES BOARD IN THE STATE DEPARTMENT OF HEALTH" and substitute
18 "AS PUBLISHED FOR A RURAL INDEPENDENT PHARMACY IN 10 CCR
19 2505-10 SEC. 8.800.13.L, AS THE RULE EXISTED ON JUNE 1, 2025. ON
20 JANUARY 1, 2028, AND ON JANUARY 1 OF EVERY SECOND YEAR
21 THEREAFTER, A PHARMACY BENEFIT MANAGEMENT FIRM SHALL INCREASE
22 THE AMOUNT OF THE DISPENSING FEE FOR INFLATION. INFLATION IS
23 MEASURED BY THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES
24 DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
25 INDEX, OR A SUCCESSOR INDEX, FOR DENVER-AURORA-LAKEWOOD FOR
26 ALL ITEMS PAID FOR BY URBAN CONSUMERS.".
27
28 Page 6, strike lines 1 through 5.
29
30 Page 6, strike lines 22 through 27.
31
32 Page 7, strike lines 1 and 2 and insert:
33
34 "(g) WHEN SUBJECTING A RURAL INDEPENDENT PHARMACY TO A
35 RECOUPMENT OF FUNDS OF MORE THAN ONE THOUSAND DOLLARS OR A
36 PENALTY OF MORE THAN ONE THOUSAND DOLLARS AS THE RESULT OF AN
37 AUDIT:
38 (I) ELECTRONICALLY NOTIFY THE RURAL INDEPENDENT PHARMACY
39 OF THE RURAL INDEPENDENT PHARMACY'S RIGHTS TO APPEAL PURSUANT
40 TO SUBSECTION (1)(e) OF THIS SECTION AT LEAST THIRTY DAYS BEFORE
41 THE RECOUPMENT OF FUNDS;
42 (II) IF THE RURAL INDEPENDENT PHARMACY DOES NOT RESPOND
43 TO THE ELECTRONIC NOTIFICATION PROVIDED PURSUANT TO SUBSECTION
44 (1)(g)(I) OF THIS SECTION WITHIN THIRTY DAYS AFTER THE ELECTRONIC
45 NOTIFICATION, AGAIN ELECTRONICALLY NOTIFY THE RURAL INDEPENDENT
46 PHARMACY OF THE RURAL INDEPENDENT PHARMACY'S RIGHTS TO APPEAL
47 PURSUANT TO SUBSECTION (1)(e) OF THIS SECTION AT LEAST THIRTY DAYS
48 BEFORE THE RECOUPMENT OF FUNDS; AND
49 (III) IF THE RURAL INDEPENDENT PHARMACY DOES NOT RESPOND
50 TO THE SECOND ELECTRONIC NOTIFICATION PROVIDED PURSUANT TO
51 SUBSECTION (1)(g)(II) OF THIS SECTION WITHIN THIRTY DAYS AFTER THE
52 SECOND ELECTRONIC NOTIFICATION, SERVE PROCESS ON THE RURAL
53 INDEPENDENT PHARMACY NOTIFYING OF THE RURAL INDEPENDENT
54 PHARMACY'S RIGHTS TO APPEAL PURSUANT TO SUBSECTION (1)(e) OF THIS
55 SECTION AT LEAST THIRTY DAYS BEFORE THE RECOUPMENT OF FUNDS.".
1 Page 7, line 4, strike "(17.5) and".
2
3 Page 7, strike lines 8 through 10.
4
5 Page 7, strike lines 13 through 27 and substitute:
6
7 "SECTION 7. In Colorado Revised Statutes, 12-280-118, add
8 (3)(d) as follows:
9 12-280-118. Prescription drug outlet under charge of
10 pharmacist - rules. (3) (d) A PRESCRIPTION DRUG OUTLET THAT IS A
11 RURAL INDEPENDENT PHARMACY NEED NOT BE UNDER THE DIRECT
12 CHARGE OF A PHARMACIST IF THE INITIAL INTERPRETATION AND FINAL
13 EVALUATION OF THE PRESCRIPTION IS DONE BY A PHARMACIST IN PERSON
14 OR REMOTELY.".
15
16 Page 8, strike lines 1 through 10.
17
18
House Journal, March 20
34 Amendment No. 1, Health & Human Services Report, dated March 12,
35 2025, and placed in member’s bill file; Report also printed in House
36 Journal, March 13, 2025.
37
38 Amendment No. 2, by Representative Lukens:
39
40 Amend the Health and Human Services Committee Report, dated March
41 12, 2025, page 1, after line 5 insert:
42
43 "Page 5 of the printed bill, line 11, strike "(a)".".
44
14 45 Page 1 of the report, line 14, strike "line 14." and substitute "lines
46 through 19.".
47
48 Page 1 of the report, line 19, strike "A RURAL INDEPENDENT PHARMACY"
49 and substitute "RURAL PHARMACIES".
50
51 Amendment No. 3, by Representative Lukens:
52
53 Amend the Health and Human Services Committee Report, dated March
54 12, 2025, page 2, strike lines 1 through 7 and substitute "JANUARY 1,
55 2027, AND ON JANUARY 1 OF EVERY YEAR THEREAFTER, A PHARMACY
56 BENEFIT MANAGEMENT FIRM SHALL INCREASE THE AMOUNT OF THE
57 DISPENSING FEE BY ONE PERCENT TO ACCOUNT FOR INFLATION.".".
1 Amendment No. 4, by Assistant Minority Leader Winter:
2
3 Amend printed bill, page 4, strike lines 13 through 21 and substitute
4 "DRUG OUTLET THAT IS PRIVATELY OWNED BY AT LEAST ONE LICENSED
5 PHARMACIST WITH NO OWNERSHIP INTEREST BY OR AFFILIATION WITH A
6 CHAIN PHARMACY OR A PUBLICLY TRADED PRESCRIPTION DRUG OUTLET.".
7
8 Amendment No. 5, by Assistant Minority Leader Winter:
9
10 Amend printed bill, page 5, line 11, strike the first "A" and substitute "ON
11 AND AFTER JANUARY 1, 2026, A".
12
13 Page 8, strike lines 12 through 20 and substitute "applicability.
14 (1) Section 10-16-122.3, Colorado Revised Statutes, as amended in
15 section 4 of this act, takes effect January 1, 2026, and the remainder of
16 the act takes effect at 12:01 a.m. on the day following the expiration of
17 the ninety-day period after final adjournment of the general assembly;
18 except that, if a referendum petition is filed pursuant to section 1 (3) of
19 article V of the state constitution against this act or an item, section, or
20 part of this act within such period, then the act, item, section, or part will
21 not take effect unless approved by the people at the general election to be
22 held in November 2026 and, in such case, will take effect on the date of
23 the official declaration of the vote thereon by the governor.".
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
Senate Journal, April 21
After consideration on the merits, the Committee recommends that HB25-1222 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.
Amend reengrossed bill, page 5, lines 4 and 5, strike "8.800.13.L, AS THE RULE
EXISTED ON JUNE 1, 2025." and substitute "8.800.13.M, AS SPECIFIED IN THE
VERSION OF THE RULE ADOPTED ON JULY 12, 2024.".
Page 7, line 7, before "PHARMACIST" insert "STATE-LICENSED".