CO Code § 25.5-2-103 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 2 - State-Funded Health and Medical Care|§ 25.5-2-103. Reproductive Health-Care Program - Report - Rules - Definitions

  As used in this section, unless the context otherwise requires:   “Contraceptive methods and counseling services” means:   Any FDA-approved contraceptive drug, device, or product;    Services related to the administration and monitoring of FDA-approved contraceptive drugs, devices, and products, including management of side effects;    Counseling services for continued adherence to a prescribed regimen;    Device insertion and removal; and    Any other contraceptive methods and counseling services identified by the health resources and services administration in the United States department of health and human services or the Women's Preventive Services Guidelines as of December 17, 2019.       “Eligible individual” means an individual with reproductive capacity, regardless of gender, citizenship, or immigration status, who would be eligible to enroll in the medical assistance program; except that the individual is not a citizen of the United States and is not considered an eligible noncitizen pursuant to 8 U.S.C. secs. 1611 and 1612 and section 25.5-5-101 (2)(b).    “FDA” means the federal food and drug administration.    “Participant” means an eligible individual enrolled in the reproductive health-care program.    “Pharmacist” means a licensed pharmacist who has entered into a collaborative pharmacy practice agreement pursuant to section 12-280-602 to prescribe and dispense hormonal contraceptive patches and oral hormonal contraceptives.    “Provider” has the same meaning as set forth in section 25.5-4-103 (19)(a).       On and after January 1, 2022, the state department shall administer a reproductive health-care program, referred to in this section as the “program”, that provides contraceptive methods and counseling services to participants.    Upon the participant's initial and follow-up visits to the participant's provider, and unless the participant requests a shorter period of time, the program shall comply with the federal centers for disease control and prevention's selected practice recommendations for contraceptive use by ensuring the participant is offered at least a one-year supply of either:   The requested contraceptive drug, device, or product or one or more therapeutic equivalents of the requested drug, device, or product, if the therapeutic equivalent is available and approved by the FDA; or    An alternative contraceptive drug, device, or product, if a contraceptive drug, device, or product is deemed medically inadvisable by the participant's provider.       A participant's choice of a contraceptive drug, device, or product must not be infringed upon and must not require prior authorization, step therapy, or other utilization control techniques for medically appropriate contraceptive drugs, devices, or products approved by the FDA.    The state board shall adopt rules as necessary to implement this section, including rules specifying the manner in which eligible individuals will be notified about the program and the manner in which eligible individuals may enroll in the program.    The state department shall provide contraceptive methods and counseling services to participants without imposing any cost-sharing requirements.    Beginning in state fiscal year 2023-24, the state department shall analyze and report the cost-effectiveness of the program to the public through the annual hearing, pursuant to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act”, part 2 of article 7 of title 2. At a minimum, the report must include:   The total number of eligible individuals;    The total number of participants enrolled in the program, disaggregated by race, ethnicity, gender identity, and income level;    The cost of providing contraceptive methods and counseling services to participants;    The participants' preferred method of contraceptive methods; and    The cost savings realized due to avoided unintended pregnancies, including avoided hospital costs.        History. Source: L. 2021: Entire section added,(SB 21-009), ch. 430, p. 2845, § 2, effective September 7.    Cross references:   For the legislative declaration in SB 21-009, see section 1 of chapter 430, Session Laws of Colorado 2021.