HB 22-1122: Colorado 340B Prescription Drug Program Anti-Discrimination Act

• Prohibits pharmacy benefit managers and carriers from imposing fees, chargebacks, or other adjustments on 340B covered entities or contract pharmacies based solely on their participation in the federal 340B drug pricing program.

• Prohibits requiring claims for 340B drugs to include a modifier or identification method to indicate 340B status, except when payment is directly or indirectly by Medicaid.

• Prohibits discrimination against 340B entities through lower reimbursement rates, network restrictions, required contracts with specific pharmacies, additional patient charges, or limitations on drug dispensing methods.

• Classifies violations as unfair or deceptive acts or practices in the business of insurance, making violative acts void and unenforceable.

• Appropriates $17,109 to the Division of Insurance for the 2022-23 fiscal year to implement the law, requiring an additional 0.3 FTE.