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Legislative Year: 2023 Change

Bill Detail: HB23-1225

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Title Extend And Modify Prescription Drug Affordability Board
Status Governor Signed (05/10/2023)
Bill Subjects
  • Health Care & Health Insurance
  • Insurance
House Sponsors R. Dickson (D)
Senate Sponsors J. Buckner (D)
S. Jaquez Lewis (D)
House Committee Health and Insurance
Senate Committee Health and Human Services
Date Introduced 03/02/2023

In 2021, the general assembly enacted SB 21-175, which created
the prescription drug affordability board (board) in the division of
insurance (division) and an affordability review process whereby the
board may review costs associated with, and establish upper payment
limits for, certain prescription drugs. The bill makes certain changes
concerning the board.
Section 1 defines board activity, and section 2 states that only
board members, and not staff members or contractors of the division, are
required to recuse themselves from any board activity or vote where they
have a conflict of interest.
Section 3 allows the chair of the board to cancel or postpone a
board meeting for good cause.
Section 4 makes certain changes to the procedure by which the
board identifies prescription drugs that may be subjected to an
affordability review. Section 4 also requires the board to report on its
public web page certain information regarding its considerations.
Section 5 removes language prohibiting the board from
establishing an upper payment limit for more than 12 prescription drugs
within a specified period.
Section 6 establishes that an upper payment limit for a prescription
drug is not a final agency action that is subject to judicial review until the
board promulgates a rule establishing the upper payment limit.
Sections 6 and 7 remove certain language describing an appeals
process for appealing decisions of the board.
Sections 8 and 9 extend the repeal and associated sunset review
of the board from September 1, 2026, to September 1, 2031.
Section 10 establishes that a denial of a request for benefits for a
prescription drug that is unavailable in the state because a manufacturer
has withdrawn the prescription drug from sale or distribution within the
state is an adverse determination for which an individual may request
an independent external review.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (07/07/2023) (most recent)  
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