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SB26-167 • 2026

Prescription Drug Out-of-Pocket Expense Credit

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

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sen. A. Benavidez, Sen. K. Mullica, Rep. A. Boesenecker, Rep. M. Lindsay, Sen. J. Amabile, Sen. M. Ball, Sen. J. Coleman, Sen. L. Cutter, Sen. L. Daugherty, Sen. T. Exum, Sen. J. Gonzales, Sen. N. Hinrichsen, Sen. I. Jodeh, Sen. C. Kipp, Sen. J. Marchman, Sen. M. Snyder, Sen. K. Wallace, Sen. M. Weissman, Rep. J. Bacon, Rep. K. Brown, Rep. S. Camacho, Rep. C. Clifford, Rep. M. Duran, Rep. R. English, Rep. R. Gonzalez, Rep. E. Hamrick, Rep. K. McCormick, Rep. K. Nguyen, Rep. N. Ricks, Rep. M. Rutinel, Rep. G. Rydin, Rep. E. Sirota
Last action
2026-06-03
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prescription Drug Out-of-Pocket Expense Credit

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).

What This Bill Does

  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

SEN Health & Human Services

Passed [*]

Plain English: SB167_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Health & Human Services.

  • SB167_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Health & Human Services.
  • SB26-167 be amended as follows: 1 Amend printed bill, page 2, after line 1 insert: 2 "SECTION 1.
  • Short title.
  • The short title of this act is the 3 "Making Health Care More Affordable Through Prescription Drug 4 Purchases Act".".

Bill History

  1. 2026-06-03 Governor

    Governor Signed

  2. 2026-05-21 Governor

    Sent to the Governor

  3. 2026-05-21 House

    Signed by the Speaker of the House

  4. 2026-05-21 Senate

    Signed by the President of the Senate

  5. 2026-05-09 House

    House Third Reading Passed - No Amendments

  6. 2026-05-08 House

    House Second Reading Special Order - Passed - No Amendments

  7. 2026-05-08 House

    House Committee on Health & Human Services Refer Unamended to House Committee of the Whole

  8. 2026-05-06 House

    Introduced In House - Assigned to Health & Human Services

  9. 2026-05-06 Senate

    Senate Third Reading Passed - No Amendments

  10. 2026-05-05 Senate

    Senate Second Reading Special Order - Passed with Amendments - Committee

  11. 2026-05-05 Senate

    Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  12. 2026-04-30 Senate

    Senate Committee on Health & Human Services Refer Amended to Appropriations

  13. 2026-04-16 Senate

    Introduced In Senate - Assigned to Health & Human Services

Official Summary Text

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; or
If 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.)