Rep. Andy Boesenecker

Beginning January 1, 2027, the act: Allows a pharmacy benefit manager (PBM) to earn income derived from the assessment of a flat-dollar service fee for the provision of a prescription drug; Prohibits a PBM from earning income based on the price or cost of a prescription drug; Prohibits a PBM from designing a formulary to favor a certain branded pharmaceutical or biologic; Requires a PBM to be reimbursed by a health benefit plan for lowering the plan's prescription drug spending over a given period of time and for the direct services the PBM provides to the plan; Sets the amount that a PBM shall reimburse an unaffiliated pharmacy or a PBM-affiliated retail, mail order, or specialty pharmacy for a prescription drug; and Requires a contract between a PBM and a health benefit plan to contain a provision where the PBM discloses prescription drug cost information to the health benefit plan and a provision authorizing the health benefit plan to execute an audit to validate compliance with the contract.(Note: This summary applies to this bill as enacted.)

The department of health care policy and financing (department) received federal authorization to provide coverage for health-related social needs and to provide reentry services to justice-involved individuals through the medicaid program. The act creates 2 cash funds, one for health-related social needs and one for reentry services for justice-involved individuals. The act requires the state treasurer to transfer the savings of state money realized from each federal authorization to the respective cash fund. Subject to annual appropriation by the general assembly, the department may expend money from the funds to provide health-related social needs or reentry services to justice-involved individuals. The department is required to develop a workforce to provide peer support services in order to comply with the terms of the federal authorization for health-related social needs. The department is authorized, subject to annual appropriation by the general assembly, to spend money from the affordable housing support fund for services authorized by the federal authorization to provide coverage for health-related social needs. The act makes and reduces appropriations from the general fund, and from reappropriated funds, to the department, the department of corrections, the department of human services, and the department of local affairs. The act appropriates money from the affordable housing support fund to the department for medical and long-term care services for medicaid-eligible individuals and reduces the appropriation from the affordable housing support fund to the department of local affairs. (Note: This summary applies to this bill as enacted.)

The act requires that, for health insurance policies providing maternity coverage, policies issued or renewed on or after January 1, 2027, must include prenatal care coverage without cost sharing for up to 3 office visits. (Note: This summary applies to this bill as enacted.)

The act prohibits using an automated driving system to drive a commercial motor vehicle unless an individual who holds a commercial driver's license is in the vehicle, is in the driver's seat if the vehicle is transporting hazardous materials, monitors the vehicle's driving, and intervenes, if necessary, to avoid illegal or unsafe driving. The penalty is $1,000 for a first offense, is $2,000 for a second offense, and doubles for each subsequent offense. The act does not apply to light-duty vehicles. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

Current law requires the department of corrections (department) to assess a copayment for inmate-initiated visits to providers of medical, dental, mental health, and optometric care services. Current law permits a waiver or reduction of the copayment under a range of circumstances. The department's current administrative regulations assess fees when an inmate fails to attend or refuses a scheduled health-care appointment. The act eliminates the copayment and prohibits the department from assessing a fee when an inmate fails to attend or refuses a health-care appointment. The department is required to report during its 2026 "SMART Act" hearing on the number of times in the previous year that an inmate failed to attend a scheduled health-care appointment or requested an appointment when the request was not relevant to an actual medical condition. The act reduces appropriations to the department by a net of $165,682, which includes an increase of $157,179 appropriated from the general fund and a decrease of $322,861 from cash funds. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

For ground ambulance services (ambulance services), the act: Allows a political subdivision or an ambulance service providing ambulance services on behalf of the political subdivision to submit to the division of insurance (division) the established rates for the ambulance services, if the rates meet specified conditions; Requires the division to publish reimbursement rates on the division's public-facing website; Establishes reimbursement rates for ambulance services that are out of network; and Prohibits an out-of-network ambulance service from billing an individual covered under a health insurance coverage plan (covered person) any outstanding balance for a covered service not paid for by an insurance carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person. If a covered person makes a payment for an out-of-network ambulance service, the payment must be applied to the covered person's in-network deductibles and in-network out-of-pocket maximum amounts. For the 2025-26 state fiscal year, $38,149 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division to implement the act. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act requires a landlord who initiates an eviction proceeding for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies. Under current law, if a tenant proves as an affirmative defense to an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid. The act states that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant. The act states that a landlord commits an unfair housing practice if the landlord fails to: Make reasonable efforts to timely respond to requests for information and documentation necessary for a rental assistance application process; or Cooperate with a tenant who is applying for rental assistance in good faith. Current law allows a person to pursue relief for damages resulting from a landlord's commission of an unfair housing practice. The act states that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award the plaintiff at least $5,000 in damages. The act also states that a calculation of actual damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income. Current law provides that, in addition to relief awarded to a tenant in a private action, the Colorado civil rights commission may order a respondent who has been found to have engaged in an unfair housing practice to pay a civil penalty in an amount that varies based on whether the respondent has previously committed discriminatory housing practices. The act establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy. (Note: This summary applies to this bill as enacted.)

Section 1 of the act creates the prescribed fire claims cash fund (fund) in the state treasury and requires the state treasurer to transfer $250,000 from the general fund to the fund on July 1, 2025. Subject to annual appropriation by the general assembly, the division of fire prevention and control (division) shall expend money from the fund to pay claims for damages related to prescribed burns that are certified by the division in accordance with new guidelines as specified in the act and as adopted by the director of the division. The division shall authorize a payment in the amount certified in a claim; except that the maximum payment that the division may authorize for a singular burn is equal to the greater of $20,000 or 10% of the amount of money in the fund at the time the claim is filed. Subject to annual appropriation by the general assembly of money for the division to administer the fund, the division shall certify a claim that meets the following guidelines: The claim demonstrates, in sufficient detail, the costs or damages that resulted from the prescribed burn; The prescribed burn that resulted in the costs or damages was conducted in full compliance with statutory and regulatory requirements for prescribed burning; Before conducting the prescribed burn, the certified prescribed burn manager registered the written prescription plan for the prescribed burn with the division and paid an administrative fee; and No more than 60 days have passed between the completion of the prescribed burn and the date upon which costs and damages were incurred. The act authorizes the director of the division to adopt rules and guidelines for the implementation and administration of the program and permits the division to contract with a third party to administer, certify, and pay the claims. The act also requires a claimant who accepts a payment that covers the full amount certified in the claim to waive all future claims related to the prescribed burn against the certified prescribed burn manager that conducted the burn; any organization, entity, or individual with whom the certified prescribed burn manager worked to conduct the burn; any individual or entity that provided funding for the burn; and any landowner on whose behalf the burn was conducted. Sections 2 and 3 expand the definition of a "certified burner" in the state to include an individual who has not completed the Colorado division's training and certification program but who meets reciprocity requirements and possesses a valid Colorado certification number. An individual seeking certification through reciprocity may receive a certification number from the division by: Applying for certification to the division, according to the rules and standards of the division, including the payment of any associated fee; and Submitting evidence to the division, according to the rules and standards of the division, that the individual holds a valid certification from a state government or other entity. The required rules and standards adopted by the director of the division, in consultation with the Colorado state forest service, pertaining to the qualification for and the terms and durations of certification, are required to include certification through reciprocity. Section 4 adds pretax costs associated with the implementation of an approved program or project to mitigate the effects of extreme weather, wildfires, climate change, or other hazards to the definition of Colorado energy impact costs. For the 2025-26 fiscal year: $250,000 is appropriated from the fund to the department of public safety for use by the division for prescribed fire claims; and $153,025 is appropriated from the general fund to the department of public safety for implementation of the act.(Note: This summary applies to this bill as enacted.)

The act allows enrolled members of the Southern Ute Indian Tribe and enrolled members of the Ute Mountain Ute Tribe to enter state parks without having to pay an entrance fee. By June 1, 2026, the division of parks and wildlife (division) in the department of natural resources (department) shall build on existing efforts to conduct outreach to and engagement with the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, other tribal governments, American Indian communities, and Indigenous communities about opportunities related to state parks that are managed by the division. In January 2026 and January 2027, the department shall include, as part of its presentation during its "SMART Act" hearing, information concerning the division's outreach and engagement about opportunities related to state parks. (Note: This summary applies to this bill as enacted.)

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The act makes facilitation of a connection to a service provider an extenuating circumstance. If an individual chooses to remain in jail overnight, the individual must be released by 10 a.m. the next morning. Under current law, to qualify for special needs parole, there is a distinction between inmates who are 55 years of age or older and those who are under 55 years of age. The act changes that distinction. The act makes an inmate eligible for special needs parole if the inmate suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. If the inmate is under 55 years of age, the act provides for special needs parole if the inmate has served at least 25% of the inmate's sentence and is eligible for parole after serving 50% of their sentence including earned time; has served at least 35% of the inmate's sentence and is eligible for parole after serving 75% of their sentence including earned time; has served at least 40% of the inmate's sentence and is eligible for parole after serving 75% of the sentence; or has been diagnosed by a licensed health-care provider as having a terminal illness that is irreversible, unlikely to be cured, and likely to cause death; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. An inmate who is 64 years of age or older and has served at least 20 years of their sentence and was not convicted of a class 1 or class 2 felony, unlawful sexual behavior, a crime that includes domestic violence, or stalking is eligible for special needs parole. The act makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The act provides that when a health-care provider who is providing care or recently provided care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board. The department of corrections is required to include in each contract with a licensed health-care provider involved in providing inmate care a requirement that the provider screen for eligibility for special needs parole. The act requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care. (Note: This summary applies to this bill as enacted.)