Republican lawmakers asked Gov. Jared Polis (D) to convene a special session to address two issues: rising property taxes and bond eligibility for murder suspects.  

Also in Colorado, the Healthcare Policy and Financing (HCPF) is hosting its annual stakeholder online seminar on August 8 to review accomplishments and solicit input on priorities for the next fiscal year.  

Also in Colorado, the COVID-19 public health emergency (PHE) ended on May 11. Many of the temporary flexibilities were made permanent. For more information, go to Overview of COVID-19 Emergency Federal Flexibilities Colorado Medicaid, a webpage featuring a chart of what flexibilities were requested, what was used, what policy changes were made permanent and what will be changing at the conclusion of the PHE. 

Finally in Colorado, the Board of Pharmacy held a Permanent and Emergency Rulemaking Hearing on July 20 to allow stakeholders a final opportunity to provide testimony before the Board considers adopting the proposed revisions to Rule 5.00.00 on a permanent and emergency basis to implement HB23-1195, automated pharmacy dispensing systems. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Board of Pharmacy is soliciting written comments to implement Colorado House Bill 23-1195, a bill regarding automated pharmacy dispensing systems, which was signed into law by Gov. Jared Polis (D). The Board will hold a Permanent and Emergency Rulemaking Hearing July 20 to determine whether to adopt the proposed revisions to Rule 5.00.00 on a permanent and emergency basis. Email comments by June 9 to dora_dpo_rulemaking@state.co.us.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Prior to the end of Colorado’s legislative session sine die on May 8, Gov. Jared Polis (D) signed into law the following two PBM reform bills.  

• HB23- 1201, limits the amount that health insurance carriers or pharmacy benefit managers (PBMs) may charge beneficiaries of select employer-sponsored plans for prescription drugs to no more than the amount paid by the plan or PBM to a contracted pharmacy. The bill applies to select contracts issued or renewed on or after January 1, 2025. The bill grants audit authority to the Department of Health Care Policy and Financing (HCPF) for Medicaid contractors and the Department of Regulatory Agencies (DORA) for all other contracts. Failure to comply is a deceptive trade practice in the business of insurance. 
• HB23-1227 enhances enforcement authority over PBMs by the Commissioner of Insurance in the Division of Insurance (DOI), Department of Regulatory Agencies (DORA). It also requires all PBMs to register with the Commissioner and pay a registration fee. These fees, credited to the DOI Cash Fund, must fund the division’s costs to enforce PBM requirements and prohibitions. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Prior to the end of the regular session sine die on May 8, the legislature approved several bills pharmacies supported that have been signed into law by Gov. Jared Polis (D). 

• SB23-162, will increase access to pharmacy services, including (1) pharmacy technicians administering vaccinations, point-of care testing and technical tasks delegated by the pharmacist, (2) increasing the Pharmacy Technician ratio for central fill facilities to 8:1 and (3) allowing Medicaid to reimburse pharmacies for administering vaccines to children under 19 years old. 
• HB23- 1201, PBM reform legislation, eliminates spread pricing and provides for more transparency. 
• HB23-1227 enhances the Commissioners enforcement authority over PBMs. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Legislation NACDS supports that would establish a registration process for PBMs and give the Insurance Commissioner authority to deny or revoke registration if the PBM violates laws or does not follow the prescribed process. Additionally, the bill would add maximum allowable cost (MAC) pricing protections, including specific provisions related to the appeals process. The bill passed the House and is pending in the Senate. (CO23-HB1227) 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

SB 23-162, legislation chain pharmacies support that would increase access to pharmacy services by allowing a pharmacist to delegate to a pharmacy technician any task within the practice of pharmacy for which the pharmacy technician has been specifically trained, except for patient counseling, drug regimen review and clinical conflict resolution, was heard in the Senate Health and Human Services Committee on March 9. The bill also removes the pharmacy technician to pharmacist ratio at a central fill pharmacy, and it authorizes reimbursement under the medical assistance program for dispensing or administering vaccines to children under 19 years of age.  

Also in Colorado, HB 23-1201, a PBM reform bill that creates transparency and eliminates spread pricing, was introduced, and assigned to the House Health & Insurance Committee. 

Finally, March 15 is Pharmacy Day at the Capitol.  

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Department of Health Care Policy and Financing will be communicating to providers on rolling back certain flexibilities that will expire when the public health emergency.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The legislature convened on January 9, 2023. 

Also in Colorado, the Department of Health Care Policy and Financing (HCPF) is hosting an informational session on preparing for the end of the Public Health Emergency. This online seminar is geared toward community partners such as advocacy organizations, providers and community organizations that may provide other assistance to Health First Colorado (Medicaid) or CHP+ members. Register in advance for the January 25 online seminar scheduled from 1:00 pm to 2:30 pm MST. 

Finally in Colorado, Prescription Drug Affordability Board established under SB21-175 is currently evaluating draft rules for the Upper Payment Limits. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

When the Public Health Emergency (PHE) that the U.S. Department of Health and Human Services (HHS) declared in January of 2020 in response to the outbreak of COVID-19 ends, everyone enrolled in Health First Colorado (Medicaid) was guaranteed to keep their health coverage during the PHE. However, the Department of Health Care Policy & Financing (HCPF) will take 12 months (14 months including noticing) to complete the renewal process for each of the approximately 1.6 million people currently enrolled. Medicaid members need to pay attention to renewal notices and fill out the necessary forms to make sure they keep their Health First Colorado and CHP+ coverage, if they are still eligible. 

Also in Colorado, on December 5, the HCPF sent the U.S. Food and Drug Administration (FDA) an official proposal to import lower-cost prescription drugs from Canada. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.