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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0027.01 Shelby Ross x4510 SENATE BILL 26-006
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING PARITY FOR THE USE OF NON-OPIOID PAIN MANAGEMENT101
DRUGS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires a health insurance carrier that provides
prescription drug benefits to require that:
! The utilization review requirements, including prior
authorization and step therapy, for a non-opioid drug
prescribed and approved by the federal food and drug
administration (FDA) for the treatment or management of
SENATE SPONSORSHIP
Amabile and Michaelson Jenet,
HOUSE SPONSORSHIP
Brown,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
chronic or acute pain (non-opioid pain management drug)
are no more restrictive than the least restrictive utilization
review requirements for opioid drugs prescribed for the
treatment or management of chronic or acute pain;
! There is at least one clinically appropriate non-opioid
prescription drug available as an alternative for each opioid
prescription drug; and
! The cost-sharing, copayment, or deductible for a
non-opioid pain management drug is not greater than the
cost-sharing, copayment, or deductible for an opioid drug
prescribed for the treatment or management of chronic or
acute pain.
The bill requires the department of health care policy and
financing to ensure that the utilization review requirements, including
prior authorization or step therapy, for a non-opioid prescription drug
prescribed and approved by the FDA for the treatment or management of
chronic or acute pain are no more restrictive than the least restrictive
utilization requirements for opioid drugs prescribed for the treatment or
management of chronic or acute pain.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-16-145.5, add2
(2.5) as follows:3
10-16-145.5. Step therapy - prior authorization - prohibited -4
stage four advanced metastatic cancer - non-opioid pain management5
drug - definitions.6
(2.5) N OTWITHSTANDING SECTION 10-16-145, A CARRIER THAT7
PROVIDES PRESCRIPTION DRUG BENEFITS SHALL REQUIRE THAT:8
(a) THE UTILIZATION REVIEW REQUIREMENTS, INCLUDING PRIOR9
AUTHORIZATION AND STEP THERAPY, FOR A NON-OPIOID DRUG PRESCRIBED10
AND APPROVED BY THE FDA FOR THE TREATMENT OR MANAGEMENT OF11
CHRONIC OR ACUTE PAIN ARE NO MORE RESTRICTIVE THAN THE LEAST12
RESTRICTIVE UTILIZATION REVIEW REQUIREMENTS FOR OPIOID DRUGS13
PRESCRIBED FOR THE TREATMENT OR MANAGEMENT OF CHRONIC OR14
SB26-006-2-
ACUTE PAIN;1
(b) THERE IS AT LEAST ONE CLINICALLY APPROPRIATE NON-OPIOID2
PRESCRIPTION DRUG AVAILABLE AS AN ALTERNATIVE FOR EACH OPIOID3
PRESCRIPTION DRUG; AND4
(c) T HE COST -SHARING, COPAYMENT , OR DEDUCTIBLE FOR A5
NON-OPIOID DRUG PRESCRIBED FOR THE TREATMENT OR MANAGEMENT OF6
CHRONIC OR ACUTE PAIN IS NO GREATER THAN THE COST -SHARING,7
COPAYMENT, OR DEDUCTIBLE FOR AN OPIOID DRUG PRESCRIBED FOR THE8
TREATMENT OR MANAGEMENT OF CHRONIC OR ACUTE PAIN.9
SECTION 2. In Colorado Revised Statutes, add 25.5-5-520 as10
follows:11
25.5-5-520. Non-opioid prescription drugs for treating or12
managing chronic or acute pain - no prior authorization or step13
therapy - definition.14
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE15
REQUIRES:16
(a) "PRESCRIPTION DRUG" HAS THE SAME MEANING SET FORTH IN17
SECTION 12-280-103.18
(2) T HE STATE DEPARTMENT SHALL REQUIRE THAT THE19
UTILIZATION REVIEW REQUIREMENTS, INCLUDING PRIOR AUTHORIZATION20
OR STEP THERAPY, FOR A NON-OPIOID DRUG PRESCRIBED AND APPROVED21
BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT22
OR MANAGEMENT OF CHRONIC OR ACUTE PAIN ARE NO MORE RESTRICTIVE23
THAN THE LEAST RESTRICTIVE UTILIZATION REQUIREMENTS FOR OPIOID24
DRUGS PRESCRIBED FOR THE TREATMENT OR MANAGEMENT OF CHRONIC25
OR ACUTE PAIN.26
(3) T HIS SECTION APPLIES TO A FEE -FOR-SERVICE MEDICAL27
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ASSISTANCE PLAN AND A HEALTH MAINTENANCE ORGANIZATION THAT HAS1
A CONTRACT WITH THE STATE DEPARTMENT AND PROVIDES COVERAGE FOR2
PRESCRIPTION DRUGS.3
(4) T HIS SECTION DOES NOT PROHIBIT THE STATE DEPARTMENT4
FROM CONTRACTING WITH A MANAGED CARE ORGANIZATION FOR5
PHARMACEUTICAL SERVICES OFFERED UNDER THE STATE MEDICAL6
ASSISTANCE PROGRAM PURSUANT TO THIS ARTICLE 5 AND ARTICLES 4 AND7
6 OF THIS TITLE 25.5 IF THE CONTRACT COMPLIES WITH THIS SECTION.8
SECTION 3. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly (August11
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a12
referendum petition is filed pursuant to section 1 (3) of article V of the13
state constitution against this act or an item, section, or part of this act14
within such period, then the act, item, section, or part will not take effect15
unless approved by the people at the general election to be held in16
November 2026 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
SB26-006-4-