1. (1)

   1. (a) In addition to the requirements in section 10-16-103.4 (2), for health benefit plans issued or renewed on or after January 1, 2023, each carrier that offers an individual or small group health benefit plan shall offer at least twenty-five percent of its health benefit plans on the exchange and at least twenty-five percent of its plans not on the exchange in each bronze, silver, gold, and platinum benefit level in each service area as copayment-only payment structures for all prescription drug cost tiers.

   2. (b) For each copayment-only payment structure for prescription drugs:

      1. (I) The copayment amount for the highest prescription drug cost tier must not be greater than one-twelfth of the health benefit plan's out-of-pocket maximum amount;
      2. (II) The copayment amounts between the two highest prescription drug cost tiers must have a cost difference of at least ten percent;
      3. (III) No more than fifty percent of the drugs on the prescription drug formulary used to treat a specific condition may be placed on the highest prescription drug cost tier; and
      4. (IV) Each carrier shall use Rx Copay at the end of the marketing names for each copayment-only payment structure.
2. (2) The commissioner may promulgate rules to implement and enforce this section.

Source: L. 2022: Entire section added, (HB 22-1370), ch. 184, p. 1228, § 1, effective August 10.