SB 167: Prescription Drug Out-of-Pocket Expense Credit

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Beginning on January 1, 2028, a health insurance carrier (carrier) of an individual or group health benefit plan in Colorado (plan) shall, when calculating a covered person's contribution to an out-of-pocket maximum or cost-sharing requirement under the plan, account for and credit to the covered person's contribution an out-of-pocket expense that the covered person incurs by purchasing a prescription drug directly from a pharmacy or direct-to-consumer platform (contribution credit). The carrier shall apply the contribution credit to the out-of-pocket maximum or cost-sharing requirement that is applicable in the plan year in which the out-of-pocket expense was incurred.     To receive a contribution credit, a covered person must provide to the carrier proof of payment for a direct purchase of a prescription drug, such as an itemized receipt or pharmacy record, within 90 days after making the purchase (proof of payment). The carrier may request additional information or documentation if the proof of payment is insufficient or incomplete.     The carrier shall not apply a contribution credit in the following circumstances:For an amount of a covered person's out-of-pocket expense incurred by the direct purchase of a prescription drug that is greater than the amount the covered person would have incurred if they had obtained the same prescription drug in the same plan year from an in-network pharmacy and pursuant to the terms of their plan;If the covered person does not provide proof of payment;If the covered person incurred the out-of-pocket expense by purchasing a prescription drug that is not covered under the formulary of the covered person's plan, unless the carrier grants an exception; orIf the covered person does not comply with the carrier's utilization management processes, including prior authorization and step therapy protocols required under the covered person's plan.(Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 30 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 3, 2026Governor Signed
2. May 21, 2026Signed by the President of the Senate
3. May 21, 2026Signed by the Speaker of the House
4. May 21, 2026Sent to the Governor
5. May 9, 2026House Third Reading Passed - No Amendments
6. May 8, 2026House Committee on Health & Human Services Refer Unamended to House Committee of the Whole
7. May 8, 2026House Second Reading Special Order - Passed - No Amendments
8. May 6, 2026Senate Third Reading Passed - No Amendments
9. May 6, 2026Introduced In House - Assigned to Health & Human Services
10. May 5, 2026Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
11. May 5, 2026Senate Second Reading Special Order - Passed with Amendments - Committee
12. April 30, 2026Senate Committee on Health & Human Services Refer Amended to Appropriations

Showing 12 most recent of 13 actions. Full history