DENVER — The Colorado agency that oversees regulation entities is weighing in for the first time on problems with a new state law that set out to make epinephrine injectors more affordable. Meanwhile, lawmakers head back to the drawing board.
Last year, the Colorado legislature passed House Bill 23-1002, which allowed qualifying residents to buy epinephrine injectors to combat severe allergic reactions for $60. That is a substantial discount from the roughly $700 it costs for two injectors in some cases.
That law took effect Jan. 1, 2024, but Denver7 Investigates learned that the rollout of the new law was not smooth.
Hidden camera footage taken by Denver7 Investigates showed that many of the pharmacies were not prepared or informed of how to execute the law when approached with a prescription for epinephrine.
"There is absolutely a problem," said State Rep. Javier Mabrey (D-Denver), a sponsor of the bill.
Mabrey and fellow lawmakers are working on some new legislation to remove some of the confusion that resulted from last year’s bill.
The current draft of that new legislation would require more information going to pharmacies and new QR codes to easily direct consumers to the application to get the epinephrine injectors at the reduced price.
“I am frustrated that pharmacies didn’t seem to have a full picture of what they needed to do,” Mabrey said.
RELATED: Some pharmacies not complying with Colorado's EpiPen price cap law
Colorado’s State Board of Pharmacy was one of the agencies tasked with overseeing the roll-out of the new law. The board is under the purview of the state’s Department of Regulatory Agencies (DORA).
DORA spokesperson Katie O’Donnell said the hidden camera footage shows that there are communication issues.
"It’s been confusing," she said. "We can always do better."
O’Donnell said the pharmacy board is working to identify breakdowns and improve communication with pharmacists.
Denver7 Investigates also obtained a Feb. 15 email sent from the board to pharmacies throughout the state noting that “pharmacies are required to be aware of this program and have it accessible to eligible patients.”
“I think for us, it kind of gives us the ability to take a step back,” O’Donnell said. “We don’t ever want our consumers out there confused or not knowing what the next step is.”
Keri Pugh, whose two children are in need of epinephrine injectors, testified in support of the bill last year and expressed frustration with the rollout.
“I wish we could do better,” Pugh said. “There needs to be some other solution here to help people.”
The state’s Division of Insurance also received $66,000 to ensure the law was enacted properly. Denver7 requests for an interview were denied.
Mabrey said the hope is to fix problems at the legislative level so people can get epinephrine injectors at an affordable price, as was originally intended.
“My message to the people of Colorado is that we are doing everything in our power at the legislature to make sure that you can access this life-saving drug in an affordable way,” Mabrey said.
