§ 25-3-134 — 340B drug pricing program transparency - definitions

(1) As
used in this section:

(a) 340B drug pricing program or 340B program means the program
described in 42 U.S.C. sec. 256b (a)(1).

(b) 340B savings means the difference between the aggregated market
rate costs and the aggregated acquisition costs for 340B drugs.

(c) Hospital covered entity means a hospital licensed or certified by the
department pursuant to the department's authority under section 25-1.5-103 (1)(a)
and that is a covered entity as defined in 42 U.S.C. sec. 256b (a)(4).

(2) Except as provided in subsection (3) of this section, each hospital covered
entity that is a reporting hospital, as defined in section 25.5-1-701, shall include the
following information in the annual report submitted pursuant to section 25.5-1-703
(3):

(a) The annual, reported 340B savings to the hospital covered entity
resulting from its ability to acquire pharmaceuticals at a discount through the 340B
drug pricing program;

(b) A description of how the hospital covered entity uses savings from
participation in the 340B program;

(c) The aggregated market rate costs and the aggregated acquisition costs
for 340B drugs used to calculate 340B savings; and

(d) The total operating costs of the hospital covered entity and costs relating
to providing charity care.

(3) Nothing in this section requires the public disclosure of records that are
public records under the Colorado Open Records Act, part 2 of article 72 of title
24, but that are exempted from disclosure under that act.

Legislative History

Source: L. 2025: Entire section added, (SB 25-071), ch. 313, p. 1642, � 3, effective August 6.