Amendments for SB25-071
Senate Journal, March 14
After consideration on the merits, the Committee recommends that SB25-071 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 6, line 4, strike "COLORADO." and substitute
"COLORADO FOR THE BENEFIT OF THE PUBLIC.".
Page 7, strike lines 18 and 19.
Page 7, line 21, strike "WHOLESALER,".
Page 8, line 4, strike "WHOLESALER,".
Page 8, line 6, strike "WHOLESALER,".
Page 8, line 26, after "29" insert "RISKS THE PUBLIC'S HEALTH AND".
Page 10, line 11, strike "SHALL ANNUALLY POST" and substitute "THAT IS A
REPORTING HOSPITAL, AS DEFINED IN SECTION 25.5-1-701, SHALL INCLUDE".
Page 10, strike line 12 and substitute "INFORMATION IN THE ANNUAL REPORT
SUBMITTED PURSUANT TO SECTION 25.5-1-703 (3):".
Page 10, line 13, strike "ESTIMATED," and substitute "REPORTED,".
Local
Government
& Housing
Senate Journal, March 25
SB25-071 by Senator(s) Michaelson Jenet and Rich, Hinrichsen; also Representative(s) Martinez and
Taggart--Concerning certain practices by persons participating in the supply chain of drugs
purchased under the federal 340B drug pricing program.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 14, page(s) 461 and placed in members' bill files.)
Amendment No. 2(L.016), by Senator MichaelsonJenet.
Amend printed bill, page 6, after line 20 insert:
"(4) "340B SAVINGS" MEANS THE DIFFERENCE BETWEEN THE
AGGREGATED MARKET RATE COSTS AND THE AGGREGATED ACQUISITION COSTS
FOR 340B DRUGS.".
Renumber succeeding subsections accordingly.
Page 7, line 26, before "enforcement" insert "use of savings - ".
Page 8, before line 24 insert:
"(2) A COVERED ENTITY THAT IS A REPORTING HOSPITAL, AS DEFINED
IN SECTION 25.5-1-701, SHALL NOT USE 340B SAVINGS FOR THE FOLLOWING
PURPOSES:
(a) MORE THAN THIRTY-FIVE PERCENT OF TOTAL ANNUAL
COMPENSATION OR EXPENSE REIMBURSEMENT FOR THE HOSPITAL'S BOARD OF
DIRECTORS;
(b) TAX PENALTIES OR FINES ISSUED AGAINST THE HOSPITAL;
(c) EXPENSES RELATED TO ADVERTISING AND PUBLIC RELATIONS THAT
PROMOTE THE HOSPITAL'S IMAGE, SERVICES, OR PROPOSALS, NOT INCLUDING
COMMUNICATIONS REQUIRED BY LAW OR THAT ARE ESSENTIAL FOR PATIENT
SAFETY AND PATIENT INFORMATION;
(d) LOBBYING EXPENSES AND OTHER COSTS INTENDED TO INFLUENCE
LEGISLATION OR BALLOT MEASURES AT THE LOCAL, STATE, OR FEDERAL LEVEL;
(e) TRAVEL, LODGING, FOOD, OR BEVERAGE EXPENSES FOR THE
HOSPITAL'S BOARD OF DIRECTORS AND OFFICERS; AND
(f) GIFTS OR ENTERTAINMENT EXPENSES.".
Renumber succeeding subsections accordingly.
Amendment No. 3(L.017), by Senator Rich.
Amend printed bill, page 10, after line 5 insert:
"(b) "340B SAVINGS" MEANS THE DIFFERENCE BETWEEN THE
AGGREGATED MARKET RATE COSTS AND THE AGGREGATED ACQUISITION COSTS
FOR 340B DRUGS.".
Reletter succeeding paragraph accordingly.
Page 10, strike line 13 and substitute:
"(a) THE ANNUAL, REPORTED 340B SAVINGS TO".
Page 10, strike lines 16 and 17 and substitute "PROGRAM;".
Page 10, line 19, strike "PROGRAM." and substitute "PROGRAM;".
Page 10, after line 19 insert:
"(c) THE AGGREGATED MARKET RATE COSTS AND THE AGGREGATED
ACQUISITION COSTS FOR 340B DRUGS USED TO CALCULATE 340B SAVINGS; AND
(d) THE TOTAL OPERATING COSTS OF THE HOSPITAL COVERED ENTITY
AND COSTS RELATING TO PROVIDING CHARITY CARE.".
Amend the Health and Human Services Committee Report, dated March 13,
2025, page 1, strike line 13.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.