Struck = removed from the bill ยท
added = the amendment's new text.
FirstSB124_H_HHS.001 RegularHOUSE SessionCOMMITTEE Seventy-fifthOF GeneralREFERENCE AssemblyREPORT STATE_______________________________ OFMay COLORADO3, ENGROSSED2025 ThisChair Versionof IncludesCommittee AllDate AmendmentsCommittee Adopted on SecondHealth Reading& inHuman theServices. House of Introduction LLS NO.
25-0153.01After Chelseaconsideration Princellon x4335the SENATEmerits, BILLthe 25-124Committee SENATErecommends SPONSORSHIPthe Kirkmeyerfollowing: and Gonzales J., HOUSE SPONSORSHIP Brown and Garcia Sander, Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING OUTPATIENT DRUGS THAT ARE SOLD AT A DISCOUNT TO NONPROFIT HOSPITALS THROUGH THE FEDERAL 340B DRUG PRICING PROGRAM .
BillSB25-124 Summarybe (Note:amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
ThisAmend summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed versionbill, ofpage this2, billstrike willlines be9 availablethrough at24. http://leg.colorado.gov.) Thebillrequiresnonprofithospitals(hospitals)touse340Bprofits to decrease out-of-pocket costs for low-income patients.
ThePage bill3, requiresstrike entitieslines covered1 underthrough the4. federal 340B drug g pricing program that are hospitals licensed by the state to report d e 0 information related to their participation in the 340B program, their use T R , A 2 2 Shading denotes HOUSE amendment.
DoubleRenumber underliningsucceeding denotesC.R.S. SENATE amendment.
Esections daccordingly. c Capital letters or bold & italic numbers indicate new material to be added to existing law.
DashesPage through3, thestrike wordslines or7 numbersthrough indicate15 deletionsand fromsubstitute: existing law.
e(1) M"340B ADRUG of"MEANS 340B"MEANS programA profits,DRUG theirTHAT provision: of charity care, their payments to third parties for 340B program-related services and compliance, and their use of contract pharmacies.
Be(a) itIS enactedA byCOVERED theOUTPATIENT GeneralDRUG AssemblyWITHIN ofTHE theMEANING StateSET ofFORTH Colorado:IN 42 U.S.C.SEC.
SECTION25B; 1.
In(b) ColoradoH RevisedAS Statutes,BEEN addSUBJECT partTO 3ANY toOFFER articleFOR 2.5REDUCED ofPRICES titleBY 25.5A asMANUFACTURER follows:PURSUANT TO 42 U.S.C.SEC.
PART256b 3(a)(1AND SAVING(c) PEOPLEPURCHASEDBYA MONEY340B ONCOVEREDENTITY PRESCRIPTION,AS MEDICATIONSDEFINEDIN ACT340B 25.5-2.5-301.(a)(4)OF THE FEDERAL "PUBLICH EALTH SERVICE A CT", 42 U.S.C.SEC.
Short256b title.(a)(4).
TSHORTA TITLEUSED OFIN THIS PAR3SUBSECTIO(2)(c)A DRUG IS "SAVINGCONSIDERED PEOPLE"PURCHASED M" ONEYIF ONIT PRESCRIPTIONMWOULD EDICATIONSAHAVE CT".BEEN PURCHASED BUT FOR THE RESTRICTION OR LIMITATION DESCRIBED IN SECTION6-29-105.
25.5-2.5-302.(2) "340B NET REVENUE " MEANS THE DIFFERENCE BETWEEN THE AGGREGATED MARKET RATE COSTS AND THE AGGREGATED ACQUISITION COSTS FOR 340B DRUGS .".
LegislativePage declaration.4, line 7, before "DVER " insertAN INDEPENDENT NONPROFIT HOSPITAL WITH FEWER THAN FIFTY LICENSED BEDS,".
(1)THEPage GENERAL4, ASSEMBLYline FINDS13, THAT:strike "profits." and substitute "net revenue.".
(a)Page NONPROFIT4, HOSPITALSline COVERED14, UNDERstrike THE340B"ITS" PROGRAMand USEsubstitutNET 340BPROFITSTODECREASEOUTREVENUE -OFPOCKETCOSTSFORLOW". -INCOME PATIENTS;
(b)Page FEDERALLY4, QUALIFIEDstrike HEALTHline CENTERS16. , RYAN W HITE CLINICS,STATE AIDS DRUG ASSISTANCE PROGRAMS ,AND CHILDREN S HOSPITALS ARE REQUIRED TO REPORT CERTAIN REVENUE AND USE DATA TO THE BENEFIT OF THE COMMUNITIES THEY SERVE .
NOPage SIMILARLY4, SITUATEDline REQUIREMENT17, EXISTSstrike FOR"NSATION NONPROFIT" HOSPITALSand COVEREDsubstitute UNDER"(a) THECOMPENSATION 340B". PROGRAM .
(c)Page REQUIRING5, HOSPITALSline COVERED2, UNDERstrike THE340Bthe PROGRAMsecond THAT" AREPage LICENSEDBYTHE5, STATETOREPORTline INFORMATIONRELATEDTO3, THEIRstrike PARTICIPATION"SES IN." THE340Band PROGRAMsubstituEXPENSES TO;AND". THE STATE WOULD CREATE PARITY IN THE USE O340B PROGRAM PROFITS.
(2)Page THEREFORE5, ,THEafter GENERALline ASSEMBLY3, DECLARESinsert: THAT THE -2- 124 STATE OF COLORADO HAS BOTH A SPECIFIED INTEREST IN AND PROPER RESPONSIBILITYTOMONITORNONPROFITHOSPITALSCOVEREDUNDERTHE 340B PROGRAM AND ENSURE THEY ARE APPROPRIATELY SERVING THEIR COMMUNITIES AND THE TAXPAYER INTERESTS OF THE STAT.
25.5-2.5-303.efinitions."(g) SALARIES FOR THE NONPROFIT HOSPITA'S CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER,CHIEF ADMINISTRATIVE OFFICER, CHIEF OPERATIONS OFFICER,OR ANY OTHER SENIOR EXECUTIVE OFFICER AT THE VICE PRESIDENT LEVEL OR ABOV.
S(2)(a) USEDANONPROFITHOSPITALTHATISAREPORTINGHOSPITAL ,AS DEFINED IN THISSECTION25.5-1-701MUST PA3,UNLESSSPEND THEAT CONTEXTLEAST OTHERWISEEIGHTY REQUIRESPERCENT :OF 340B NET REVENUE ON DIRECT PATIENT SERVICES OR CAPITAL IMPROVEMENTS THAT MAINTAIN OR INCREASE ACCESS TO PATIENT CARE FOR LOW -INCOME POPULATIONS.
(1)(b) "340BFORPURPOSESOFSUBSECTION DRUG"(2)(aOFTHISSECTION MEANS,DIRECT APATIENT COVEREDSERVICES OUTPATIENTINCLUDES: DRUG ,AS DEFINEDIN 42U.S.C.SEC.1396r-8(k)(2)WHETHERSELF -ADMINISTERED OR PROVIDER-ADMINISTERED,THAT IS SUBJECT TO REDUCED PRICES BY A MANUFACTURER PURSUANT TO 42 U.S.C.
(I) CHARITY CARE;
(II) THE DIFFERENCE BETWEEN MEDICARE AND MEDICAID PAYMENTS AND THE COST OF CARE ;
(III) FNANCIAL SUPPORT PROVIDED TO A FEDERALLY QUALIFIED HEALTHCENTER ,ACRITICALACCESSHOSPITALASDESCRIBEDIN 42U.S.C SEC.
256b (a)(4)(N)OR OTHER 340B COVERED ENTITY ,AS DEFINED IN 340B (a)(4)OFTHE FEDERAL "PUBLICH EALTH SERVICE ACT ", 42U.S.C.
256b (a)(1)AND(a)(4).THAT IS PURCHASEDNOT BY A NONPROFITHOSPITAL HOSPITAL.,FOR THE PURPOSE OF INCREASING ACCESS TO CARE FOR LOW-INCOME PATIENTS;AND (IV) O THER HEALTH -CARE PRODUCTS AND SERVICES PROVIDED FOR LOW -INCOME PATIENTS THAT ARE OTHERWISE NOT REIMBURSED OR REIMBURSED AT BELOW COST .".
(2)Page "340B5, PROFITS"strike MEANSlines THE4 DIFFERENCEthrough BETWEEN27. AGGREGATED PAYMENTS RECEIVED FROM INSURERS ,PAYERS , AND SELF-PAYING PATIENTS FOR ALL 340B DRUGS AND AGGREGATED ACQUISITION COSTS PAID FOR AL340BDRUGS .
(3)Page "340B6, PROGRAMstrike "lines MEANS1 THEthrough FEDERAL17 DRUGand PRICINGsubstitute: PROGRAM DESCRIBED IN 42 U.S.CSEC.
256b."25.5-2.5-304.
(4)Hospital "CHARITYtransparency CAREreporting. "MEANS FREE OR REDUCED COST HEALTH SERVICES PROVIDED BY A HOSPITAL TO PATIENTS WHO ARE UNABLE TO PAY .
(5)(1) "CONTRACT PHARMACY " MEANS A PHARMACY THAT A NONPROFIT HOSPITAL HASTHAT CONTRACTEDIS WITHA TOREPORTING DISPENSE340BHOSPITAL DRUGS,AS ONDEFINED BEHALFOFTHEIN NONPROFITSECTION HOSPITALTO25.5-1-701,SHALL PATIENTSINCLUDE OFTHETHE NONPROFITFOLLOWING HOSPITAL,INFORMATION WHETHERIN DISTRIBUTED-2- INPERSONTHE ,BYANNUAL MAIL,REPORT ORSUBMITTED BYPURSUANT OTHERTO MEANSSECTION .25.5-1-703(3):
-3-(a) 124TEAGGREGATEACQUISITIONPRICEFORPRESCRIPTIONDRUGS (6)OBTAINED "NONPROFITUNDER HOSPITAL"MEANS A HOSPITALTHAT ISLICENSED BY THE DEPARTMENT340B OFPROGRAM PUBLIC; HEALTH AND ENVIRONMENT AND IS A PRIVATE NONPROFIT CORPORATIONORHOSPITALPURSUANTTO 42U.S.C.
SEC.(b) THEAGGREGATEDMARKETPRICEFORDRUGSOBTAINEDUNDER THE 340B PROGRAM AND DISPENSED OR ADMINISTERED TO PATIENTS;
256b(c) (a)(4)(L),THE (a)(4)(OR,(a)(4)(OBUTNUMBER DOESOF NOTTRANSACTIONS INCLUDEFOR APRESCRIPTION SOLECOMMUNITYHOSPITALDESCRIBEDINDRUGS 42U.S.C.DESCRIBED IN SUBSECTION(1)(b)OF THIS SECTIO;
SEC.256b(a)(4)(O),(d) ATHE CRITICALSUM ACCESSOF HOSPITALTHE DESCRIBEDAGGREGATED INPAYMENTS 42MADE U.S.C.TO :
SEC.(I) ACONTRACTPHARMACYTODISPENSEDRUGSOBTAINEDUNDER THE 340B PROGRAM ;
256b(II) (a)(4)(N),AYOTHERENTITY DENVER,THAT HEALTHISNOT ANDA340B HOSPITALSCOVEREDENTITYAS ,DEFINED A340B COMPREHENSIVE(a)(4OF HEMOPHILIATHE DIAGNOSTICFEDERAL"P TREATMENTUBLICH CENTEREALTH DESCRIBEDSERVICESA INCT", 42 U.S.C.U.S.C.SEC.
SEC.256b (a)(OR A CONTRACT PHARMACY ,FOR MANAGING ANY ASPECT OF THE COVERED ENTITYS 340B PROGRAM .".
256bPage (a)(4)(G),A6, FEDERALLYline QUALIFIED20, HEALTHstrike CENTER"SALER AS,". DEFINED IN42 U.S.C.SEC .
1396dPage (l)(2)(B)YAN6, Wline HITE22, CLINIC,THEstrike C"SALER OLORADOSTATEDRUGASSISTANCEPROGRAM,". ,ORCHILDREN SHOSPITALS IN COLORADO .
25.5-2.5-304.UsePage of6, 340Bstrike drugline profits.27.
(1)Page A7, NONPROFITstrike HOSPITALSHALLlines NOT1 USEand 340B2 PROFITSand FORsubstitute THE"OVERED FOLLOWINGENTITY,AS PURPOSESDEFINED :IN42 U.S.C.SEC.
(a)256b M(a)(4)." OREPage THAN7, THIRTYstrike FIVElines PERCENT18 OFthrough TOTAL27. ANNUAL COMPENSATION OR EXPENSE REIMBURSEMENT FOR THE NONPROFIT HOSPITAL'S BOARD OF DIRECTORS;
(b)Page T8, AXstrike PENALTIESlines OR1 FINESthrough ISSUED16. AGAINST THE NONPROFIT HOSPITAL;
(c)Renumber EXPENSESsucceeding RELATEDsection TOaccordingly. ADVERTISING AND PUBLIC RELATIONS THAT PROMOTE THE NONPROFIT HOSPITAL 'S IMAGE, SERVICES, OR PROPOSALS ,NOT INCLUDING COMMUNICATIONS REQUIRED BY LAW OR THAT ARE ESSENTIAL FOR PATIENT SAFETY AND PATIENT INFORMATIO;
(d)** L*** OBBYING** EXPENSES*** AND** OTHER-3- COSTS INTENDED TO INFLUENCELEGISLATIONORBALLOTMEASURESATTHELOCAL ,STATE,OR FEDERAL LEVEL ;
-4- 124 (e) TRAVEL, LODGING,FOOD ,OR BEVERAGE EXPENSES FOR THE NONPROFIT HOSPITALS BOARD OF DIRECTORS AND OFFICER;AND (f) GIFTS OR ENTERTAINMENT EXPENSE.
25.5-2.5-305.ospitaltransparencyreporting.(1) EGINNING JULY 1, 2026,AND BY JULY 1 EACH YEAR THEREAFTER ,A NONPROFIT HOSPITAL SHALL SUBMIT A REPORT TO THE STATE DEPARTMENT ON BEHALF OF THE NONPROFIT HOSPITAL AND EACH OFF -SITE FACILITY ASSOCIATED WITH THE NONPROFIT HOSPITAL IN THE FORM AND MANNER DETERMINED BY THE STATE DEPARTMENT .
THE REPORT MUST CONTAIN THE FOLLOWING INFORMATION REGARDING THE PRIOR YEAR:
(a) DELINEATED BY FORM OF INSURANCE OR PAYER TYPE , INCLUDING MEDICAID , MEDICARE , COMMERCIAL INSURANCE , SELF-INSURED EMPLOYERS,AND UNINSURED :
(I) AGREGATEDACQUISITIONCOSTSPAIDFOR 340B DRUGSUSED TO CALCULATE 340B PROFITS;
(II) AGREGATEDPAYMENTSRECEIVEDFROMINSURERS ,PAYERS , AND SELF-PAYING PATIENTS FOR ALL340B DRUGS THAT WERE USED TO CALCULATE 340B PROFITS;AND (III) OTALNUMBER OFPRESCRIPTIONS ANDTHE PERCENTAGE OF THE NONPROFIT HOSPITAL'S PRESCRIPTIONS THAT WERE FILLED USING 340B DRUGS ;
(b) TOTAL OPERATING COSTS OF THE NONPROFIT HOSPITAL AND ITEMIZED COSTS RELATED TO PROVIDING CHARITY CAR;AND (c) TOTAL PAYMENTS MADE TO :
(I) CONTRACT PHARMACIES FOR 340B PROGRAM -RELATED SERVICES AND OTHER FUNCTIONS;
-5- 124 (II) THIRD-PARTY ADMINISTRATORS FOR MANAGING ANY COMPONENTS OF THE NONPROFIT HOSPITALS 340B PROGRAM ;AND (III) ANY OTHER THIRD PARTY IN CONNECTION WITH 340B PROGRAM -RELATED COMPLIANCE , LEGAL , EDUCATIONAL , OR ADMINISTRATIVE COSTS.
(2) AN OFFICER OF THE NONPROFIT HOSPITAL SHALL CERTIFY THE COMPLETENESSANDACCURACYOFTHEREPORTSUBMITTEDPURSUANTTO SUBSECTION (1)OF THIS SECTI.N (3) THE STATE DEPARTMENT SHALL COLLECT THE REPORTS DESCRIBED IN SUBSECTION(1)OF THIS SECTION TO PREPARE A REPORT DETAILING INFORMATION RECEIVED FROM NONPROFIT HOSPITALS , INCLUDING 340B PROGRAMREVENUE ACROSSALLNONPROFITHOSPITALS INTHESTATE .BEGINNINGS EPTEMBER 15,2026ANDEACH SEPTEMBER 15 THEREAFTER ,THE STATE DEPARTMENT SHALL SUBMIT THE AGGREGATED REPORT TO THE GENERAL ASSEMBLY AND PUBLISH ALL REPORTS SUBMITTED BY A NONPROFIT HOSPITAL PURSUANT TO SUBSECTIO(1)OF THIS SECTION ON A PUBLICLY ACCESSIBLE WEBS.TE 25.5-2.5-306.
Access to 340B drugs.
UESS THE RECEIPT OF 340B DRUGS IS PROHIBITED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES ,A MANUFACTURER ,WHOLESALER ,THIRD-PARTY LOGISTICS PROVIDE,OR REPACKAGER ,OR AN AGENT ,CONTRACTOR ,OR AFFILIATE OF A MANUFACTURER,WHOLESALER ,THIRD-PARTY LOGISTICS PROVIDER ,OR REPACKAGER ,INCLUDING AN ENTITY THAT COLLECTS OR PROCESSESHEALTHINFORMATION ,SHALLNOT ,DIRECTLYORINDIRECTLY , DENY ,RESTRICTPROHIBIT,DISCRIMINATEAGAINST,OROTHERWISELIMIT THE ACQUISITION OF 340B DRUG BY,OR DELIVERY OFA340B DRUG TO , A HOSPITAL THAT IS EITHER A SOLE COMMUNITY HOSPITAL DESCRIBED IN -6- 124 42 U.S.C.
SEC.
256b (a)(4)(O) OR A CRITICAL ACCESS HOSPITAL DESCRIBED IN42 U.S.C.SEC.
256b (a)(4)(N).
25.5-2.5-307.
Request of information.
(1) BEGINNING N OVEMBER 1, 2026AND ANNUALLY THEREAFTER ,THE JOINT BUDGET COMMITTEE SHALL ISSUE A REQUEST FOR INFORMATION TO THE STATE DEPARTMENT REQUESTING INFORMATION ON ANY LOSSES AND COSTS TO THE STATE MEDICAL ASSISTANCE PROGRAM ARISING FROM NONPROFIT HOSPITAL PURCHASES OF 340B DRUGS AND NONPROFIT HOSPITAL PRACTICES RELATED TO PARTICIPATION IN T340B PROGRAM .
(2) BEGINNINGNOVEMBER 1,2026,ANDANNUALLYTHEREAFTER , THEJOINTBUDGETCOMMITTEESHALLISSUEAREQUESTFORINFORMATION TO THE DEPARTMENT OF PERSONNEL AND ADMINISTRATION ON ANY LOSSESANDCOSTSTOTHESTATEMEDICALASSISTANCEPROGRAMARISING FROM NONPROFIT HOSPITAL PURCHASES OF340B DRUGS AND NONPROFIT HOSPITALPRACTICESRELATEDTOPARTICIPATIONINTHE 340BPROGRAM , INCLUDING THE TOTAL AGGREGATE VALUE OF LOST MANUFACTURER REBATE REVENUE .
25.5-2.5-308.nforcement.
(1) AVIOLATION OF THIS PAR3 IS CONSIDERED AN UNFAIR AND DECEPTIVE TRADE PRACTICE PURSUANT TO SECTION 6-1-105AND SUBJECT TO ENFORCEMENT BY THE ATTORNEY GENERAL .
(2) TEATTORNEYGENERALMAYINVESTIGATEANDBRINGACIVIL ACTION AGAINST THE NONPROFIT HOSPITAL IN A COURT OF COMPETENT JURISDICTION FOR A VIOLATION OF THIS P3.T (3) THE ATTORNEY GENERAL SHALL ESTABLISH A PROCESS FOR INDIVIDUALS TO REPORT SUSPECTED VIOLATIONS OF THIS PA3TO THE ATTORNEY GENERAL AND A PROCESS FOR THE ATTORNEY GENERAL TO -7- 124 PROMPTLYANDFULLYINVESTIGATEREPORTSOFSUSPECTEDVIOLATIONS .
SECTION2.
InColoradoRevisedStatutes,6-1-105,add(1)(iiii) as follows:
6-1-105.
Unfair or deceptive trade practices - definitions.
(1) Aperson engages inadeceptivetradepracticewhen,inthecourseof the person's business, vocation, or occupation, the person:
(iiii) VOLATES PART 3OF ARTICLE 2.5OF TITLE 25.5.
SECTION 3.
In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXII) and (1)(i)(XXIII);
and add (1)(i)(XXIV) as follows:
24-31-101.
Powers and duties of attorney general.
(1) The attorney general:
(i) Mayindependentlyinitiateandbringcivilandcriminalactions to enforce state laws, including actions brought pursuant to:
(XXII) Part 14 of article 12 of title 38;
and (XXIII) Section 24-34-806;AND (XXIV) P ART 3OF ARTICLE 2.5OF TITLE25.5.
SECTION 4.
Safety clause.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsfor the support and maintenance of the departments of the state and state institutions.
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