Amendments for SB23-260
Senate Journal, April 14
Amend printed bill, page 2, after line 5, insert:
"(a) "INDEPENDENT PHARMACY" MEANS A PRESCRIPTION DRUG OUTLET
PRIVATELY OWNED BY AT LEAST ONE LICENSED PHARMACIST WITH NO
OWNERSHIP INTEREST BY OR AFFILIATION WITH A CHAIN OR PUBLICLY OWNED
PHARMACY.".
Reletter succeeding paragraphs accordingly.
Page 2, strike lines 16 through 23.
Page 3, strike lines 1 through 11 and substitute:
"(2) (a) A PRACTITIONER MAY ASK AN INDIVIDUAL WHO SEEKS TO
RECEIVE A PUBLICLY FUNDED VACCINE TO PRESENT PROOF OF HEALTH
INSURANCE OR A GOVERNMENT-ISSUED IDENTIFICATION CARD, SOCIAL SECURITY
CARD, OR SOCIAL SECURITY NUMBER BUT SHALL NOT CONDITION AN
INDIVIDUAL'S RECEIPT OF A PUBLICLY FUNDED VACCINE ON THE PRESENTATION
OF THE REQUESTED DOCUMENTATION.
(b) (I) A PRACTITIONER WHO ADMINISTERS A PUBLICLY FUNDED
VACCINE SHALL POST AND KEEP POSTED A NOTICE PROVIDED BY THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, IN MULTIPLE LANGUAGES
IF REQUESTED, THAT CONFIRMS THAT THE PUBLICLY FUNDED VACCINE WILL BE
PROVIDED REGARDLESS OF THE INDIVIDUAL'S PROVISION OF THE REQUESTED
DOCUMENTATION.
(II) A PRACTITIONER, EXCEPT FOR AN INDEPENDENT PHARMACY, AS
DEFINED IN SUBSECTION (1)(a) OF THIS SECTION, WHO ADMINISTERS A PUBLICLY
FUNDED VACCINE SHALL POST AND KEEP POSTED A NOTICE PROVIDED BY THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, IN MULTIPLE LANGUAGES
IF REQUESTED, THAT CONFIRMS THAT THE PUBLICLY FUNDED VACCINE WILL BE
PROVIDED REGARDLESS OF THE INDIVIDUAL'S ABILITY TO PAY A VACCINE
ADMINISTRATION FEE.
(III) A NOTICE REQUIRED BY THIS SUBSECTION (2) MUST BE POSTED BY
THE PRACTITIONER IN A LOCATION CONSPICUOUS TO THE INDIVIDUAL, OR A
PARENT OR LEGAL GUARDIAN CONSENTING TO THE VACCINATION OF AN
INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE, AT THE LOCATION OF THE
INDIVIDUAL'S APPOINTMENT. EACH PRACTITIONER SHALL TAKE STEPS TO
ENSURE THAT THE NOTICE IS NOT ALTERED, DEFACED, OR COVERED BY OTHER
MATERIAL.
(c) A PRACTITIONER, EXCEPT FOR AN INDEPENDENT PHARMACY AS
DEFINED IN SUBSECTION (1)(a) OF THIS SECTION, SHALL PROVIDE THE
INDIVIDUAL, OR A PARENT OR LEGAL GUARDIAN CONSENTING TO THE
VACCINATION OF THE INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE, WITH
A DISCLOSURE STATEMENT IN THE LANGUAGE UNDERSTOOD BY THE INDIVIDUAL
RECEIVING THE VACCINE OR THE PARENT OR LEGAL GUARDIAN CONSENTING TO
THE VACCINATION OF AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE, THAT
CONFIRMS THAT THE PUBLICLY FUNDED VACCINE WILL BE PROVIDED
REGARDLESS OF THE INDIVIDUAL'S PROVISION OF THE REQUESTED
DOCUMENTATION OR OF PAYMENT OF A VACCINE ADMINISTRATION FEE.
(d) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
CREATE THE DISCLOSURE STATEMENT REQUIRED BY THIS SUBSECTION (2) AND
SHALL MAKE IT AVAILABLE ELECTRONICALLY TO PRACTITIONERS. A
PRACTITIONER MAY REQUEST THAT THE DEPARTMENT PROVIDE THE
PRACTITIONER WITH THE DISCLOSURE STATEMENT IN A LANGUAGE OTHER THAN
ENGLISH TO MEET THE NEEDS OF AN INDIVIDUAL.".
Page 3, line 13, strike "HEALTH INSURANCE CARRIER" and substitute
"INSURANCE PROVIDER OR PLAN".
Page 3, lines 18 and 19 strike "HEALTH INSURANCE CARRIER" and substitute
"INSURANCE PROVIDER OR PLAN".
Page 3, line 21, strike "OR UNDERINSURED".
Page 3, line 23, strike "SHALL NOT" and substitute "WHO CHOOSES TO".
Page 3, line 24, strike "COLLECTION OF" and substitute "PAYMENT FOR".
Page 3, line 26, strike "ADMINISTERED." and substitute "ADMINISTERED MAY
ISSUE ONLY A SINGLE BILL TO THE INDIVIDUAL WITHIN A NINETY DAYS AFTER
THE VACCINE IS ADMINISTERED. THE PRACTITIONER SHALL NOT SEND AN UNPAID
VACCINE ADMINISTRATION BILL TO A COLLECTION AGENCY.".
Page 4, after line 5, insert:
"(e) NOTWITHSTANDING SUBSECTION (3)(b) OF THIS SECTION, AN
INDEPENDENT PHARMACY MAY CONDITION RECEIPT OF A PUBLICLY FUNDED
VACCINE ON THE INDIVIDUAL'S ABILITY TO PAY. THE VACCINE ADMINISTRATION
FEE CHARGED BY THE INDEPENDENT PHARMACY MUST BE EQUAL TO OR LESS
THAN THE PRACTITIONER'S VACCINE ADMINISTRATION COSTS OR THE VACCINE
ADMINISTRATION REIMBURSEMENT RATE SET PURSUANT TO THE "COLORADO
MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF TITLE 25.5, WHICHEVER
IS LESS. IF AN INDEPENDENT PHARMACY DENIES AN INDIVIDUAL A PUBLICLY
FUNDED VACCINE DUE TO AN INABILITY TO PAY THE VACCINE ADMINISTRATION
FEE, THE INDEPENDENT PHARMACY MUST PROVIDE THE INDIVIDUAL WITH A LIST
OF PRACTITIONERS PROVIDED BY THE DEPARTMENT WHO WILL NOT CONDITION
AN INDIVIDUAL'S RECEIPT OF A PUBLICLY FUNDED VACCINE ON THE
INDIVIDUAL'S ABILITY TO PAY A VACCINE ADMINISTRATION FEE. NOTHING IN
THIS SECTION EXEMPTS INDEPENDENT PHARMACIES FROM MEETING ALL OF THE
REQUIREMENTS OF FEDERAL VACCINE PROGRAMS, SHOULD INDEPENDENT
PHARMACIES CHOOSE TO ENROLL AND BE APPROVED FOR SUCH PROGRAMS.
(f) IF FEDERAL OR STATE MONEY IS MADE AVAILABLE TO PAY FOR THE
ADMINISTRATION COSTS OF A PUBLICLY FUNDED VACCINE, A PRACTITIONER WHO
ADMINISTERS THE VACCINE MAY REQUEST PAYMENT FROM THE FEDERAL OR
STATE SOURCE.".
Page 4, strike lines 10 through 13 and substitute:
"(5) A PRACTITIONER SHALL PROVIDE A PUBLICLY FUNDED VACCINE TO
ANY AGE-APPROPRIATE INDIVIDUAL WHO REGISTERS FOR AN APPOINTMENT
WITH THE PRACTITIONER TO RECEIVE THE PUBLICLY FUNDED VACCINE WITHIN
THE PRACTITIONER'S SCOPE OF PRACTICE.
(6) EACH PRACTITIONER IS ENCOURAGED TO ESTABLISH AN ELECTRONIC
LINK AND A TELEPHONE NUMBER FOR INDIVIDUALS TO USE TO SCHEDULE AN
APPOINTMENT FOR A PUBLICLY FUNDED VACCINE. TO BE ACCESSIBLE, THE LINK
SHOULD BE SEPARATE FROM ANY REGULAR PATIENT PORTAL WITH RESTRICTED
ACCESS AND THE SCHEDULING SERVICES SHOULD BE ACCESSIBLE TO
INDIVIDUALS WITH DISABILITIES.
(7) THIS SECTION DOES NOT MODIFY THE REQUIREMENTS FOR
PRACTITIONERS, INCLUDING INDEPENDENT PHARMACIES, SERVING CLIENTS
PURSUANT TO THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5,
AND 6 OF TITLE 25.5, OR FEDERALLY QUALIFIED HEALTH CENTERS TO MEET THE
FEDERAL REQUIREMENTS FOR THESE PROGRAMS FOR THE ADMINISTRATION OF
PUBLICLY FUNDED VACCINES.".