SB 23-176

Senate Bill 23-176 in Colorado aims to protect people with eating disorders by ensuring that health insurance plans and state medical assistance programs don't use body mass index or ideal weight as the main criteria for deciding on necessary treatment. This means insurers must consider other factors when determining care for individuals diagnosed with an eating disorder, except in specific cases of anorexia nervosa where weight standards can still be considered but not solely used to make decisions. Additionally, the bill bans retail stores from selling over-the-counter diet pills to anyone under 18 years old starting January 1, 2024. The governor signed this bill into law on May 30, 2023, and parts of it will take effect at different times in the coming year.

Official Summary

The act lists the minimum factors to be considered when determining medical necessity or appropriate level of care for an individual with an eating disorder. The act prohibits certain health benefit plans or the state medical assistance program from utilizing the body mass index, ideal body weight, or any other standard requiring an achieved weight when determining medical necessity criteria or appropriate level of care for an individual with a diagnosed eating disorder. The prohibition does not apply when determining medical necessity or the appropriate level of care for an individual diagnosed with anorexia nervosa, restricting subtype or binge-eating/purging subtype; however, body mass index, ideal body weight, or any other standard requiring an achieved body weight must not be the determining factor when assessing medical necessity or the appropriate level of care for an individual diagnosed with anorexia nervosa, restricting subtype or binge-eating/purging subtype. The act states a retail establishment engages in a deceptive trade practice if the retail establishment sells, transfers, or otherwise furnishes over-the-counter diet pills to any individual under 18 years of age. APPROVED by Governor May 30, 2023 PORTIONS EFFECTIVE May 30, 2023 PORTIONS EFFECTIVE January 1, 2024 PORTIONS EFFECTIVE July 1, 2024 (Note: This summary applies to this bill as enacted.)

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