Sen. Dylan Roberts

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 act changes the term "epinephrine auto-injector" to "emergency-use epinephrine" in order to encompass alternatives to injecting epinephrine as a means to treat anaphylaxis in school settings. (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.)

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.)

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.)

The act requires that, in addition to notice requirements under the Colorado open meetings law, notice of annual public meetings held by metropolitan districts be mailed, at the lowest-cost option, to eligible electors within the metropolitan district or sent by email to any email addresses that eligible electors have provided to the metropolitan district for the purpose of receiving communication from the metropolitan district. Additionally, notice of the annual meeting must be either posted on the homepage of the metropolitan district's website or accessible by a link on the homepage. The act also requires, for any special district, that, if the annual meeting is held at a physical location and in a year immediately preceding a year in which a regular special district election will be held, there be available hard copies of self-nomination and acceptance forms, which are forms required to be filed for an eligible elector to be a candidate for a board position at a special district election. The act also requires that metropolitan districts that are required to have a publicly accessible website must establish a system or a process for residents to contact someone associated with the metropolitan district during regular business hours to address any questions or concerns regarding services of the metropolitan district. Further, these metropolitan districts must establish a system or process for residents to contact someone associated with the metropolitan district outside of regular business hours or when metropolitan district personnel are otherwise unavailable or unreachable to address emergent matters that cannot wait to be addressed until regular business hours resume. For a metropolitan district that is required to have a publicly accessible website, the act requires the following additional information to be provided on the website: The date, time, and location of the annual public meeting; An explanation of what a metropolitan district is, its services, debt, and public infrastructure, and how a resident can serve on its board; The names of the governmental entities that overlap the metropolitan district's boundaries; The name of the county or municipality with which the metropolitan district must file its annual report; and The name and contact information of someone who residents can contact with questions or concerns about the services of the district during regular business hours and outside of regular business hours or when district personnel are otherwise unavailable or unreachable for emergent matters. The act also specifies that the following information must be provided on the home page of the metropolitan district's website: The names, terms, and contact information of individuals serving on the board of directors and of any manager of the metropolitan district; The date, time, and location of scheduled regular meetings, including the annual meeting; The call for nominations for candidates to run for election to the board of directors; The names of the governmental entities that overlap the metropolitan district's boundaries; and The name and contact information of who residents can contact with questions or concerns about the services of the district during regular business hours and outside of regular business hours or when district personnel are otherwise unavailable or unreachable for emergent matters. The act adds to the requirements of what a metropolitan district must include in its service plan when seeking approval of the service plan a requirement to include the maximum term for imposing a debt service mill levy on any property developed for residential purposes after the initial year of imposition of such debt service mill levy. The act requires certain disclosures be made by all sellers of any residential real property located within the boundaries of a metropolitan district, including access to the annually required notice to electors and the metropolitan district's service plan; information on the authority the metropolitan district has to issue debt, levy property taxes, and impose fees, rates, tolls, penalties, or other charges; an estimate of property taxes levied by the metropolitan district for collection during the year the sale occurs; and a copy of the most current certificate of taxes due or tax statement to provide an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property. Additionally, the act requires a written statement be included in the required disclosures that certain actions that the metropolitan district is authorized to take may increase costs to residents living in the metropolitan district, and the property tax estimate disclosure requirement is modified to require that the estimate be given in a dollar amount. (Note: This summary applies to this bill as enacted.)

Current law states that an employer shall not interfere with an agricultural worker's reasonable access to key service providers (KSP) at any location when the worker is not performing compensable work and with respect to health-care providers at any time. The act exempts an employer's property from this provision; except that the act prohibits an employer from interfering with a worker's access to KSP through remote channels on the employer's property. The act also removes language referring to health-care providers. Current law states that the division of labor standards and statistics (division) may adopt rules regarding additional times that an employer may not interfere with a worker's reasonable access to KSP. The act clarifies that such rules must apply only to locations other than the employer's property. Lastly, the act states the division shall not adopt rules that: Infringe upon an employer's private property rights; or Conflict with the common law rights of an individual to access private property in a time of emergency.(Note: This summary applies to this bill as enacted.)

The act prohibits a person from: Knowingly preparing, distributing, advertising, selling, or offering to sell a kratom product: To a person who is under 21 years of age; that is adulterated; that contains more than a specified level of 7-hydroxymitragynine; that is a confection, mimics candy, or is presented in a form that appeals to children; or that is combustible or intended for vaporization; Preparing, distributing, advertising, selling, or offering to sell a kratom product that does not clearly and conspicuously set forth specified information on the kratom product's label; Displaying or storing kratom products in a retail location in a manner that will allow the products to be accessed by individuals under 21 years of age; or Manufacturing, packaging, labeling, or distributing a kratom product that contains synthesized or semi-synthesized kratom alkaloids or has a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product. A person that conducts these prohibited activities engages in a deceptive trade practice and is subject to penalties and other enforcement specified under the "Colorado Consumer Protection Act". (Note: This summary applies to this bill as enacted.)

The act allows a health-care provider to, under certain circumstances, adjust the dose or frequency of a chronic maintenance drug without needing prior authorization from an insurance carrier. (Note: This summary applies to this bill as enacted.)