HB 22-1122

  • Colorado House Bill
  • 2022 Regular Session
  • Introduced in House Apr 22, 2022
  • Passed House Apr 22, 2022
  • Passed Senate May 09, 2022
  • Signed by Governor Jun 02, 2022

Pharmacy Benefit Manager Prohibited Practices

Abstract

The act enacts the "Colorado 340B Prescription Drug Program Anti-discrimination Act" (act), which prohibits health insurers, PBMs, and other third-party payers (third-party payers) from discriminating against entities participating in the federal 340B drug pricing program (340B covered entity), including a pharmacy that contracts with a 340B covered entity to provide dispensing services to the 340B entity (contract pharmacy). Specifically, the act prohibits a third-party payer from: Refusing to reimburse a 340B covered entity or contract pharmacy for dispensing 340B drugs, imposing additional requirements or restrictions on 340B covered entities or contract pharmacies, or reimbursing a 340B covered entity or contract pharmacy for a 340B drug at a rate lower than the amount paid for the same drug to pharmacies that are not 340B covered entities or contract pharmacies; Assessing a fee, charge back, or other adjustment against a 340B covered entity or contract pharmacy, or restricting a 340B covered entity's or contract pharmacy's access to the third-party payer's pharmacy network, because the 340B covered entity or contract pharmacy participates in the 340B drug pricing program; Requiring a 340B covered entity or contract pharmacy to contract with a specific pharmacy or health coverage plan in order to access the third-party payer's pharmacy network; Imposing a restriction or an additional charge on a patient who obtains a prescription drug from a 340B covered entity or contract pharmacy; Restricting the methods by which a 340B covered entity or contract pharmacy may dispense or deliver 340B drugs; or Requiring a claim for a 340B drug to include a modifier or other method of identifying the claim for a 340B drug. A violation of the act is an unfair or deceptive act or practice in the business of insurance. The act authorizes the commissioner of insurance to adopt rules to implement the act. The act appropriates $17,109 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.)

Bill Sponsors (3)

Votes


Actions


Jun 02, 2022

Office of the Governor

Governor Signed

May 31, 2022

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

May 26, 2022

House

Signed by the Speaker of the House

May 10, 2022

House

House Considered Senate Amendments - Result was to Concur - Repass

May 09, 2022

Senate

Senate Third Reading Passed - No Amendments

May 06, 2022

Senate

Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

Senate

Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Senate Committee of the Whole Appropriations

May 02, 2022

Senate

Senate Committee on Health & Human Services Refer Amended to Appropriations

  • Referral-Committee
Appropriations Health & Human Services

Apr 28, 2022

Senate

Senate Committee on Health & Human Services Lay Over Unamended - Amendment(s) Failed

Health & Human Services

Apr 22, 2022

Senate

Introduced In Senate - Assigned to Health & Human Services

  • Introduction
Health & Human Services

House

House Third Reading Passed - No Amendments

Apr 20, 2022

House

House Third Reading Laid Over Daily - No Amendments

Apr 19, 2022

House

House Second Reading Special Order - Passed with Amendments - Committee, Floor

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Appropriations

Apr 01, 2022

House

House Committee on Health & Insurance Refer Amended to Appropriations

  • Referral-Committee
Appropriations

Mar 02, 2022

House

House Committee on Health & Insurance Witness Testimony and/or Committee Discussion Only

Jan 21, 2022

House

Introduced In House - Assigned to Health & Insurance

  • Introduction
Health & Insurance

Bill Text

Bill Text Versions Format
Signed Act (06/02/2022) PDF
Final Act (05/31/2022) PDF
Rerevised (05/09/2022) PDF
Revised (05/06/2022) PDF
Reengrossed (04/22/2022) PDF
Engrossed (04/19/2022) PDF
Introduced (01/21/2022) PDF
PA3 (05/03/2022) PDF
PA2 (04/19/2022) PDF
PA1 (04/04/2022) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (04/18/2022) PDF
Fiscal Note SA2 (05/06/2022) PDF
Fiscal Note FN1 (02/28/2022) PDF
Fiscal Note FN2 (08/17/2022) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.