Amendments for SB20-107

Senate Journal, February 14
After consideration on the merits, the Committee recommends that SB20-107 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, strike line 7 and substitute "25.5-1-805
(1)(a)(I) or (1)(a)(II).
(3) "Consolidated comprehensive list" means a single,
consolidated list of prescription drugs consisting of the comprehensive
lists of prescription drugs compiled by the departments pursuant to
section 25.5-1-805 (1)(a)(I) and (1)(a)(II).".

Renumber succeeding subsections accordingly.

Page 5, line 2, strike "(7)(a)" and substitute "(8)(a)".

Page 5, line 4, strike "12-280-103 (42)." and substitute "12-280-103 (42);
EXCEPT THAT THE TERM INCLUDES ONLY DRUGS THAT ARE INTENDED FOR
HUMAN USE.".

Page 6, strike line 21 and substitute "THE TOTAL SPENDING BY EACH
DEPARTMENT.
(II) IN ADDITION TO THE COMPREHENSIVE LIST COMPILED
PURSUANT TO SUBSECTION (1)(a)(I) OF THIS SECTION, BY DECEMBER 1,
2020, AND BY EACH DECEMBER 1 THEREAFTER, THE DEPARTMENT OF
PERSONNEL SHALL COMPILE A COMPREHENSIVE LIST CONTAINING THE
NAMES AND WHOLESALE ACQUISITION COSTS OF THE FOLLOWING
PRESCRIPTION DRUGS THE DEPARTMENT OF PERSONNEL PURCHASED OR
PAID FOR DURING THE IMMEDIATELY PRECEDING STATE FISCAL YEAR,
BASED ON THE TOTAL AMOUNT SPENT BY THE DEPARTMENT OF
PERSONNEL AFTER ACCOUNTING FOR ANY REBATES, DISCOUNTS, OR
OTHER COST SAVINGS:
(A) THE TWENTY HIGHEST-COST PRESCRIPTION DRUGS PER
COURSE OF THERAPY; AND
(B) THE TWENTY HIGHEST-COST PRESCRIPTION DRUGS BASED ON
TOTAL SPENDING BY THE DEPARTMENT OF PERSONNEL.".

Renumber succeeding subparagraph accordingly.

Page 6, line 23, strike "LIST" and substitute "LISTS COMPILED PURSUANT
TO SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION".

Page 6, line 25, strike the second "THE" and substitute "A
CONSOLIDATED".

Page 7, strike line 21.

Renumber succeeding subparagraph accordingly.

Page 7, line 23, strike "ADVERTISING." and substitute "ADVERTISING; AND
(VIII) ANY OTHER INFORMATION THE MANUFACTURER DEEMS
RELEVANT TO THE PRICING OF THE PRESCRIPTION DRUG.".

Page 8, after line 3 insert:

"(c) THE STATE DEPARTMENT SHALL ESTABLISH A PROCESS FOR A
MANUFACTURER TO DESIGNATE INFORMATION REPORTED PURSUANT TO
THIS SUBSECTION (2) AS PROPRIETARY OR A TRADE SECRET, AS DEFINED
IN SECTION 7-74-102 (4).".

Page 8, line 26, after "COMMITTEES." add "THE REPORT MUST:
(I) CONTAIN A STATEMENT INDICATING THAT THE REPORT DOES
NOT INCLUDE A MANUFACTURER'S COSTS FOR RESEARCH AND
DEVELOPMENT FOR PRODUCTS THAT FAILED TO MAKE IT TO MARKET; AND
(II) INDICATE THE TOTAL AMOUNT REBATED BACK TO THE STATE
DEPARTMENT IN THE IMMEDIATELY PRECEDING CALENDAR YEAR FOR
PRESCRIPTION DRUGS PAID FOR UNDER THE MEDICAL ASSISTANCE
PROGRAM ADMINISTERED PURSUANT TO THE "COLORADO MEDICAL
ASSISTANCE ACT", ARTICLES 4 TO 6 OF THIS TITLE 25.5, AND THE
PERCENTAGE OF THE STATE DEPARTMENT'S BUDGET FOR THE MEDICAL
ASSISTANCE PROGRAM THAT IS SPENT ON PRESCRIPTION DRUGS,
INCLUDING REBATES.".

Page 9, strike line 6 and substitute "INFORMATION OBTAINED FROM A
MANUFACTURER THAT IS DESIGNATED AS PROPRIETARY OR A TRADE
SECRET IN ACCORDANCE WITH THE PROCESS ESTABLISHED BY THE STATE
DEPARTMENT PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION, AND".

Page 9, line 7, strike "IS" and substitute "OR TRADE SECRETS ARE".

Page 9, after line 21 insert:

"25.5-1-808. Repeal of part - subject to review. THIS PART 8 IS
REPEALED, EFFECTIVE SEPTEMBER 1, 2025. BEFORE THE REPEAL, THE
FUNCTIONS OF THE STATE DEPARTMENT UNDER THIS PART 8 ARE
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
SECTION 2. In Colorado Revised Statutes, 24-34-104, add
(26)(a)(IX) as follows:
24-34-104. General assembly review of regulatory agencies
and functions for repeal, continuation, or reestablishment -
legislative declaration - repeal. (26) (a) The following agencies,
functions, or both, are scheduled for repeal on September 1, 2025:
(IX) THE FUNCTIONS OF THE DEPARTMENT OF HEALTH CARE
POLICY AND FINANCING WITH REGARD TO THE ANALYSIS AND REPORTING
ON PRESCRIPTION DRUG PRODUCTION COSTS PURSUANT TO PART 8 OF
ARTICLE 1 OF TITLE 25.5.".

Renumber succeeding sections accordingly.

Before "COMPREHENSIVE" insert "CONSOLIDATED" on: Page 7, lines 1
and 8; and Page 8, lines 3, 8, 12, and 21.


Health &
Human
Services

Senate Journal, February 20
After consideration on the merits, the Committee recommends that SB20-107 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 4, strike line 7 and substitute "25.5-1-805
(1)(a)(I) or (1)(a)(II).
(3) "CONSOLIDATED COMPREHENSIVE LIST" MEANS A
SINGLE, CONSOLIDATED LIST OF PRESCRIPTION DRUGS CONSISTING OF THE
COMPREHENSIVE LISTS OF PRESCRIPTION DRUGS COMPILED BY THE
DEPARTMENTS PURSUANT TO SECTION 25.5-1-805 (1)(a)(I) AND
(1)(a)(II).".

Renumber succeeding subsections accordingly.

Page 5, line 2, strike "(7)(a)" and substitute "(8)(a)".

Page 5, line 4, strike "12-280-103 (42)." and substitute "12-280-103 (42);
EXCEPT THAT THE TERM INCLUDES ONLY DRUGS THAT ARE INTENDED FOR
HUMAN USE.".

Page 6, strike line 21 and substitute "THE TOTAL SPENDING BY EACH
DEPARTMENT.
(II) IN ADDITION TO THE COMPREHENSIVE LIST COMPILED
PURSUANT TO SUBSECTION (1)(a)(I) OF THIS SECTION, BY DECEMBER 1,
2020, AND BY EACH DECEMBER 1 THEREAFTER, THE DEPARTMENT OF
PERSONNEL SHALL COMPILE A COMPREHENSIVE LIST CONTAINING THE
NAMES AND WHOLESALE ACQUISITION COSTS OF THE FOLLOWING
PRESCRIPTION DRUGS THE DEPARTMENT OF PERSONNEL PURCHASED OR
PAID FOR DURING THE IMMEDIATELY PRECEDING STATE FISCAL YEAR,
BASED ON THE TOTAL AMOUNT SPENT BY THE DEPARTMENT OF
PERSONNEL AFTER ACCOUNTING FOR ANY REBATES, DISCOUNTS, OR
OTHER COST SAVINGS:
(A) THE TWENTY HIGHEST-COST PRESCRIPTION DRUGS PER
COURSE OF THERAPY; AND
(B) THE TWENTY HIGHEST-COST PRESCRIPTION DRUGS BASED ON
TOTAL SPENDING BY THE DEPARTMENT OF PERSONNEL.".

Renumber succeeding subparagraph accordingly.

Page 6, line 23, strike "LIST" and substitute "LISTS COMPILED PURSUANT
TO SUBSECTIONS (1)(a)(I) AND (1)(a)(II) OF THIS SECTION".

Page 6, line 25, strike the second "THE" and substitute "A
CONSOLIDATED".

Page 7, strike line 21.

Renumber succeeding subparagraph accordingly.

Page 7, line 23, strike "ADVERTISING." and substitute "ADVERTISING; AND
(VIII) ANY OTHER INFORMATION THE MANUFACTURER DEEMS
RELEVANT TO THE PRICING OF THE PRESCRIPTION DRUG.".

Page 8, after line 3 insert:

"(c) THE STATE DEPARTMENT SHALL ESTABLISH A PROCESS FOR A
MANUFACTURER TO DESIGNATE INFORMATION REPORTED PURSUANT TO
THIS SUBSECTION (2) AS PROPRIETARY OR A TRADE SECRET, AS DEFINED
IN SECTION 7-74-102 (4).".

Page 8, line 26, after "COMMITTEES." add "THE REPORT MUST:
(I) CONTAIN A STATEMENT INDICATING THAT THE REPORT DOES
NOT INCLUDE A MANUFACTURER'S COSTS FOR RESEARCH AND
DEVELOPMENT FOR PRODUCTS THAT FAILED TO MAKE IT TO MARKET; AND
(II) INDICATE THE TOTAL AMOUNT REBATED BACK TO THE STATE
DEPARTMENT IN THE IMMEDIATELY PRECEDING CALENDAR YEAR FOR
PRESCRIPTION DRUGS PAID FOR UNDER THE MEDICAL ASSISTANCE
PROGRAM ADMINISTERED PURSUANT TO THE "COLORADO MEDICAL
ASSISTANCE ACT", ARTICLES 4 TO 6 OF THIS TITLE 25.5, AND THE
PERCENTAGE OF THE STATE DEPARTMENT'S BUDGET FOR THE MEDICAL
ASSISTANCE PROGRAM THAT IS SPENT ON PRESCRIPTION DRUGS,
INCLUDING REBATES.".

Page 9, strike line 6 and substitute "INFORMATION OBTAINED FROM A
MANUFACTURER THAT IS DESIGNATED AS PROPRIETARY OR A TRADE
SECRET IN ACCORDANCE WITH THE PROCESS ESTABLISHED BY THE STATE
DEPARTMENT PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION, AND".
Page 9, line 7, strike "IS" and substitute "OR TRADE SECRETS ARE".

Page 9, after line 21 insert:

"25.5-1-808. Repeal of part - subject to review. THIS PART 8 IS
REPEALED, EFFECTIVE SEPTEMBER 1, 2025. BEFORE THE REPEAL, THE
FUNCTIONS OF THE STATE DEPARTMENT UNDER THIS PART 8 ARE
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
SECTION 2. In Colorado Revised Statutes, 24-34-104, add
(26)(a)(IX) as follows:
24-34-104. General assembly review of regulatory agencies
and functions for repeal, continuation, or reestablishment -
legislative declaration - repeal. (26) (a) The following agencies,
functions, or both, are scheduled for repeal on September 1, 2025:
(IX) THE FUNCTIONS OF THE DEPARTMENT OF HEALTH CARE
POLICY AND FINANCING WITH REGARD TO THE ANALYSIS AND REPORTING
ON PRESCRIPTION DRUG PRODUCTION COSTS PURSUANT TO PART 8 OF
ARTICLE 1 OF TITLE 25.5.".

Renumber succeeding sections accordingly.

Before "COMPREHENSIVE" insert "CONSOLIDATED" on: Page 7, lines 1
and 8; and Page 8, lines 3, 8, 12, and 21.


Health &
Human
Services

Senate Journal, March 13
After consideration on the merits, the Committee recommends that SB20-107 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 9, before line 22 insert:

"SECTION 2. Appropriation. For the 2020-21 state fiscal year,
$250,000 is appropriated to the department of health care policy and
financing. This appropriation is from the general fund. To implement this
act, the department may use this appropriation for general professional
services and special projects.".

Renumber succeeding sections accordingly.

Page 1, line 105, strike "DRUGS." and substitute "DRUGS, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations