JOINT RELEASE: Signed! Bills to Protect Patient Access to Medication and Boost Support for Rural EMS
DENVER, CO – Governor Jared Polis today signed two bills into law that will create a healthier, safer Colorado.
HB26-1262 will protect Colorado’s drug compounding laws to ensure patients’ continued access to individualized prescription medication. HB26-1069 will save Coloradans money on healthcare and support Emergency Medical Services (EMS) workers, especially in rural and underserved communities.
“These new laws work to safeguard life-saving healthcare in rural communities,” said Rep. Katie Stewart, D-Durango, sponsor of HB26-1262 and HB26-1069. “Patients in Southwest Colorado are already feeling the effects of federal restrictions on compounding, and this law creates clear protections so health care providers can continue to administer individualized medication across the state. With this law, we’re making sure compounding pharmacies can continue to operate. When I worked as an EMT in Southwest Colorado, we provided on-site care to many patients, but EMS was not reimbursed for those calls when we did not transport the patient to the emergency room. Our new law saves patients money and supports EMS workers by eliminating the need to flood the emergency room with non-emergent cases, freeing up EMS so they can continue to provide essential care to our communities.”
“Hospitals, dental offices, and behavioral healthcare clinics across Colorado rely on compounding to provide their patients with individualized doses and custom formulations of the medicine they need,” said Sen. Matt Ball, D-Denver, sponsor of HB26-1262. “This law resolves the uncertainty caused by recent court decisions by establishing consistent, clear rules so compounding can continue safely in Colorado. We’re protecting patient access to medication made specifically for them at the right strength, form, and ingredient combination that they need.”
“From allergies to smaller dosages, there are many reasons health care professionals utilize compounding to meet the needs of patients," said Rep. Rebekah Stewart, D-Lakewood, sponsor of HB26-1262. “This law codifies compounding rules and regulations in state law to ensure that patients can continue accessing individualized medication at an affordable cost. Our legislation protects health care professionals' ability to treat patients' safety through compounded medications.”
“This bill protects longstanding practices that help lower prescription drug costs and ensure access to customized medications tailored to patients’ needs, especially when those treatments aren’t commercially available,” said Sen. Dylan Roberts, D-Frisco, sponsor of HB26-1262. “Compounding is particularly critical in rural Colorado where care can be difficult to access. This law provides clarity for patients and providers, safeguards access to essential medicine Coloradans rely on, and keeps compounding practices under the oversight of state health and safety standards.”
HB26-1262 safeguards Colorado’s compounding rules by aligning state and federal standards. This law provides necessary clarity in state law to protect the longstanding compounding practices used across hospitals, clinics and local pharmacies. Concentrated albuterol, a medication used to treat severe bronchospasms, asthma, or Chronic Obstructive Pulmonary Disease (COPD), is created in a Colorado compounding facility that serves patients nationwide.
Conflicting decisions by the Ninth and Fifth Circuit Courts have created uncertainty around the definition and regulation of compounding for our state and the cross-country patients that rely on Colorado. This law establishes clear statutory language surrounding compounding, ensuring Colorado can safely continue best practices that have guided compounding for decades.
HB26-1069 will save patients and the state money on healthcare and sustain EMS in rural communities.
“EMS shows up to every call they receive, but only get reimbursed when they transport patients to the emergency room,” said Rep. Lisa Feret, D-Arvada, sponsor of HB26-1069. “By reimbursing for treatment in place and transport to a non-emergent setting, we save patients time and Colorado taxpayers money. This law will provide additional resources to emergency response providers while saving both hospitals, health plans and consumers money and freeing up emergency room beds for those who truly need it."
“As an emergency healthcare provider, I know that our EMS workers must have every tool at their disposal to provide care in-the-moment, and they should be reimbursed for that care,” said Sen. Kyle Mullica, D-Thornton, sponsor of HB26-1069. “This law will lower costs for patients, reduce overall healthcare spending, and close funding gaps so EMS can continue providing the life-saving care Colorado communities rely on.”
EMS providers regularly provide essential on-site treatment, also known as treatment in place (TIP), which costs significantly less than a trip to the emergency room. However, under current law, EMS providers are only reimbursed if they transport a patient to an emergency room, even when that transport is not necessary. This new law, also sponsored by Senate Minority Leader Cleave Simpson, R-Alamosa, will require Medicaid to reimburse EMS for TIP. It will also improve access to care by allowing Medicaid to reimburse for certain telehealth care involving EMS.
TIP limits the need for costly emergency room visits, saving the state and patients money on healthcare. For example, a federal TIP pilot program showed a 193-percent cost-to-savings ratio for Medicare members receiving TIP services instead of emergency room visits. On the Western Slope, a 2022 analysis of 911 calls in Eagle County revealed that TIP reimbursement accounted for a preliminary cost savings of $1,285.40 to the state per TIP call.
HB26-1069 also ensures that social workers who co-respond in emergency settings are classified as first responders and receive the same benefits as EMS providers, which will strengthen workforce recruitment and retention, especially in rural or underserved areas.