republic-os/legislation/us/states/co/2021a/hb-21-1237.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Competitive Pharmacy Benefits Manager Marketplace	The department of personnel (department) is required to contract for the services of a pharmacy benefit manager (PBM) for group benefit plans provided pursuant to the "State Employees Group Benefits Act" (state employee group benefits plans) and to procure a technology platform with the required capabilities for conducting a PBM reverse auction and the related services of a technology platform operator.The department is required to repurpose the technology platform used to conduct the reverse auction over the duration of the PBM services contract to perform reviews of all invoiced PBM prescription drug claims, and to identify all deviations from the specific terms of the PBM services contract. The department is required to reconcile the electronically adjudicated pharmacy claims with PBM invoices to ensure that state payments do not exceed the terms specified in any PBM services contract.Each PBM reverse auction is required to be completed and the PBM services contract awarded to the winning PBM within a specified timeline.The department may perform a market check for providing PBM services during the term of the current PBM services contract to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract.To ensure that the department does not incur additional expenditures associated with the requirements of the act, the department is required to implement a no-pay option that obligates the winning PBM to pay the cost of the technology platform and related technology platform operator services by assessing a per-prescription fee and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract.The act allows other health plans to use the processes and procedures established in the act individually, collectively, or as a joint purchasing group with the state employee group benefits plans.After completion of the first state employees group benefits plans PBM reverse auction, self-funded private sector employer or multi-employer health plans have the option to participate in a joint purchasing pool with state employees for conduct of subsequent PBM reverse auctions.The state employees group benefits plans and any self-funded public or private sector health plans that opt to participate with the state employees group benefits plans in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design.Any PBM providing services to the department or a self-funded public or private sector employee health plan is required to provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.The department may elect to vacate the outcome of a PBM reverse auction if the lowest cost bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department.(Note: This summary applies to this bill as enacted.)	us/states/co	Colorado General Assembly	2021A	HB 21-1237	Colorado HB 21-1237 (2021A)	bill		enacted	Barbara Kirkmeyer Dominick Moreno Janice Rich Susan Lontine	9	13	2	2021-03-22T06:00:00+00:00	2021-06-07T06:00:00+00:00	openstates	ocd-bill/f5e77b3f-4d26-4fa2-b667-9c6058cbf863	http://leg.colorado.gov/bills/hb21-1237	00c0903f5268c932432ada102f25a1a7af325b99bbfbd230bd414bea76a7129f	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-co

Colorado HB 21-1237 (2021A) — Competitive Pharmacy Benefits Manager Marketplace

The department of personnel (department) is required to contract for the services of a pharmacy benefit manager (PBM) for group benefit plans provided pursuant to the "State Employees Group Benefits Act" (state employee group benefits plans) and to procure a technology platform with the required capabilities for conducting a PBM reverse auction and the related services of a technology platform operator.The department is required to repurpose the technology platform used to conduct the reverse auction over the duration of the PBM services contract to perform reviews of all invoiced PBM prescription drug claims, and to identify all deviations from the specific terms of the PBM services contract. The department is required to reconcile the electronically adjudicated pharmacy claims with PBM invoices to ensure that state payments do not exceed the terms specified in any PBM services contract.Each PBM reverse auction is required to be completed and the PBM services contract awarded to the winning PBM within a specified timeline.The department may perform a market check for providing PBM services during the term of the current PBM services contract to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract.To ensure that the department does not incur additional expenditures associated with the requirements of the act, the department is required to implement a no-pay option that obligates the winning PBM to pay the cost of the technology platform and related technology platform operator services by assessing a per-prescription fee and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract.The act allows other health plans to use the processes and procedures established in the act individually, collectively, or as a joint purchasing group with the state employee group benefits plans.After completion of the first state employees group benefits plans PBM reverse auction, self-funded private sector employer or multi-employer health plans have the option to participate in a joint purchasing pool with state employees for conduct of subsequent PBM reverse auctions.The state employees group benefits plans and any self-funded public or private sector health plans that opt to participate with the state employees group benefits plans in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design.Any PBM providing services to the department or a self-funded public or private sector employee health plan is required to provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.The department may elect to vacate the outcome of a PBM reverse auction if the lowest cost bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department.(Note: This summary applies to this bill as enacted.)

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. Committee Amendment (committee substitute) — source
2. Engrossed (05/03/2021) (committee substitute) — source
3. Final Act (05/28/2021) (committee substitute) — source
4. Introduced (03/22/2021) (committee substitute) — source
5. PA1 (04/22/2021) (committee substitute) — source
6. Reengrossed (05/04/2021) (committee substitute) — source
7. Rerevised (05/18/2021) (committee substitute) — source
8. Revised (05/17/2021) (committee substitute) — source
9. Signed Act (06/07/2021) (committee substitute) — source

Votes

• BILL — 52–11 (pass) · lower
• BILL — 27–7 (pass) · upper

Sponsors

• Barbara Kirkmeyer — primary (person)
• Dominick Moreno — primary (person)
• Janice Rich — primary (person)
• Susan Lontine — primary (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2021-06-07T06:00:00+00:00 Governor Signed executive-signature
• 2021-05-28T06:00:00+00:00 Sent to the Governor executive-receipt
• 2021-05-28T06:00:00+00:00 Signed by the President of the Senate
• 2021-05-27T06:00:00+00:00 Signed by the Speaker of the House
• 2021-05-18T06:00:00+00:00 Senate Third Reading Passed - No Amendments passage, reading-3
• 2021-05-17T06:00:00+00:00 Senate Second Reading Passed - No Amendments reading-2
• 2021-05-12T06:00:00+00:00 Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole committee-passage
• 2021-05-05T06:00:00+00:00 Introduced In Senate - Assigned to Health & Human Services introduction
• 2021-05-04T06:00:00+00:00 House Third Reading Passed - No Amendments passage, reading-3
• 2021-05-03T06:00:00+00:00 House Second Reading Passed with Amendments - Committee reading-2
• 2021-04-26T06:00:00+00:00 House Second Reading Laid Over Daily - No Amendments
• 2021-04-21T06:00:00+00:00 House Committee on Health & Insurance Refer Amended to House Committee of the Whole committee-passage, referral-committee
• 2021-03-22T06:00:00+00:00 Introduced In House - Assigned to Health & Insurance introduction

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/f5e77b3f-4d26-4fa2-b667-9c6058cbf863. Confidence: reported (aggregated from official Colorado legislature records).