HOUSE 3rd Reading Unamended April 25, 2016 HOUSE Amended 2nd Reading April 22, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0160.01 Christy Chase x2008 HOUSE BILL 16-1322 HOUSE SPONSORSHIP Pettersen and Coram, SENATE SPONSORSHIP Donovan, House Committees Senate Committees Public Health Care & Human Services A BILL FOR AN ACT Concerning a requirement that health benefit plans required to cover contraception reimburse dispensers for dispensing a multiple-months' supply of prescription contraceptives. 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://www.leg.state.co.us/billsummaries.) The bill requires health benefit plans that are required under the federal "Patient Protection and Affordable Care Act" to provide contraception coverage as a preventive health service for women to reimburse providers or dispensing entities for dispensing prescription contraceptives in a 3-month supply for the first dispensing to the insured person and for a 12-month supply for subsequent dispensings of the same prescription contraceptive to the insured person. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 10-16-104, amend (3) (a) (I) and (18) (a) (I) introductory portion; and add (18) (b.5) as follows: 10-16-104. Mandatory coverage provisions - definitions - rules. (3) Maternity coverage. (a) (I) All group sickness and accident insurance policies providing coverage within the state and issued to an employer by an entity subject to part 2 of this article, all group health service contracts issued by an entity subject to part 3 or 4 of this article and issued to an employer, all individual sickness and accident insurance policies issued by an entity subject to part 2 of this article, and all individual health care or indemnity contracts issued by an entity subject to part 3 or 4 of this article, except supplemental policies covering a specified disease or other limited benefit, shall insure against the expense of normal pregnancy and childbirth or provide coverage for maternity care and provide coverage for contraception in the same manner as any other sickness, injury, disease, or condition is otherwise covered under the policy or contract; except that coverage for contraception shall be consistent with the requirements in paragraph (b.5) of subsection (18) of this section. Individual sickness and accident insurance policies or contracts may exclude coverage for pregnancy and delivery expenses on the grounds that pregnancy was a preexisting condition. The exclusion for the pregnancy as a preexisting condition under the policy or contract shall not apply for any subsequent pregnancies. Group sickness and accident insurance policies or contracts shall not exclude coverage for pregnancy and delivery expenses on the grounds that pregnancy was a preexisting condition. (18) Preventive health care services. (a) (I) The following policies and contracts that are delivered, issued, renewed, or reinstated on or after January 1, 2010, must provide coverage for the total cost of the preventive health care services specified in paragraph (b) of this subsection (18): (b.5) (I) For purposes of coverage for contraception as a preventive health care service for women as required by the federal act, a health benefit plan subject to coverage requirements must reimburse a participating provider or dispensing entity that is in the health benefit plan's network for dispensing prescription contraceptives intended to last: (A) For a three-month period the first time the prescription contraceptive is dispensed to the covered person; and (B) For a twelve-month period or through the end of the covered person's coverage under the health benefit plan, whichever is shorter, for any subsequent dispensing of the same prescription contraceptive to the covered person, regardless of whether the covered person was enrolled in the plan, policy, or contract at the time the prescription contraceptive was first dispensed. (II) For purposes of coverage for contraception as a preventive health care service for women as required by the federal act, a health benefit plan subject to coverage requirements must reimburse the participating provider or dispensing entity that is in the health benefit plan's network for dispensing to a covered person a prescribed vaginal contraceptive ring intended to last for a three-month period. (III) As used in this paragraph (b.5): (A) "Dispensing entity" means a prescription drug outlet, pharmacy, or other facility registered by the state board of pharmacy under part 1 of article 42.5 of title 12, C.R.S. (B) "Prescription contraceptive" means a medically acceptable oral drug or contraceptive patch that is used to prevent pregnancy and that requires a prescription. SECTION 2. Act subject to petition - effective date - applicability. (1) This act takes effect January 1, 2018; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on January 1, 2018, or on the date of the official declaration of the vote thereon by the governor, whichever is later. (2) This act applies to health benefit plans issued, amended, or renewed on or after the applicable effective date of this act.