2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE COVERAGE (§§ 10-16-101 — 10-16.5-101) › Article 16 - HEALTH-CARE COVERAGE (§§ 10-16-101 — 10-16-1506) › Part 14 - COLORADO PRESCRIPTION DRUG AFFORDABILITY REVIEW BOARD (§§ 10-16-1401 — 10-16-1416) › Section 10-16-1409 - Colorado prescription drug affordability advisory council - created - membership - powers and duties

(1)
(a)
The Colorado prescription drug affordability advisory council is created in the division to provide stakeholder input to the board regarding the affordability of prescription drugs. The advisory council is a
type 2
entity, as defined in section
24-1-105
. The advisory council exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance. The advisory council includes fifteen members as follows:
(I)
The executive director of the department of health care policy and financing or the executive director's designee; and
(II)
Fourteen members appointed by the board as follows:
(A)
Two members who are health-care consumers or who represent health-care consumers;
(B)
One member representing a statewide health-care consumer advocacy organization;
(C)
One member representing health-care consumers who are living with chronic diseases;
(D)
One member representing a labor union;
(E)
One member representing employers;
(F)
One member representing carriers;
(G)
One member representing pharmacy benefit management firms;
(H)
One member representing health-care professionals with prescribing authority;
(I)
One member who is employed by an organization that performs research concerning prescription drugs, including research concerning pricing information;
(J)
One member representing manufacturers of brand-name drugs;
(K)
One member representing manufacturers of generic drugs;
(L)
One member representing pharmacists; and
(M)
One member representing wholesalers.
(b)
To the extent possible, the board shall appoint council members who have experience serving underserved communities and reflect the diversity of the state with regard to race, ethnicity, immigration status, income, wealth, disability, age, gender identity, and geography. In considering geographic diversity, the board shall ensure at least one council member resides on the eastern plains and one member resides on the western slope, and the board shall attempt to appoint members from each congressional district in the state.
(c)
All of the initial members of the advisory council must be appointed by January 1, 2022.
(2)
Each member of the advisory council must possess knowledge of at least one of the following subject matters:
(a)
The pharmaceutical business model;
(b)
Supply chain business models;
(c)
The practice of medicine or clinical training;
(d)
Health-care consumer or patient perspectives;
(e)
Health-care cost trends and drivers;
(f)
Clinical and health services research; or
(g)
The state's health-care marketplace.
(3)
The term of each member of the advisory council is three years; except that the members initially appointed to the advisory council pursuant to subsections (1)(a)(II)(A) to (1)(a)(II)(E) of this section shall each serve initial terms of two years.
(4)
The chair of the board shall designate one member of the advisory council to serve as chair of the advisory council.
(5)
(a)
An individual who is being considered for appointment to the advisory council shall disclose any conflict of interest to the board in a form and manner prescribed by the board. When appointing a member of the advisory council, the board shall consider any conflict of interest disclosed by the prospective member.
(b)
The chair of the advisory council shall report to the board any conflict of interest that is disclosed to the advisory council. The board shall include information concerning such disclosures on its public website pursuant to section
10-16-1402 (3)(d)
.
(6)
The advisory council shall meet at least once every three months; except that the chair may cancel or postpone a meeting.
(7)
(a)
Except as described in subsection (7)(b) of this section, the advisory council shall conduct all of its meetings in public.
(b)
Notwithstanding section
24-6-402
, the advisory council may meet privately in groups of three or fewer members for the following purposes, so long as no formal action is taken at the meeting:
(I)
To gather and understand data; or
(II)
To establish, organize, and plan for the business of the advisory council.
Amended by 2022 Ch. 469, § 103, eff. 8/10/2022.
Added by 2021 Ch. 240, § 2, eff. 6/16/2021.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).