SENATE BILL 22-081
BY SENATOR(S) Smallwood and Donovan, Bridges, Buckner, Coleman,
Cooke, Coram, Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Hisey,
Jaquez Lewis, Kirkmeyer, Kolker, Lee, Liston, Moreno, Pettersen, Priola,
Rankin, Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter, Woodward,
Fenberg;
also REPRESENTATIVE(S) Tipper and Will, Bernett, Bird, Lindsay,
McCluskie, Michaelson Jenet, Soper, Titone.
C
ONCERNING A REQUIREMENT THAT THE BOARD OF DIRECTORS OF THE
COLORADO HEALTH BENEFIT EXCHANGE CREATE A CONSUMER
OUTREACH CAMPAIGN TO PROVIDE CONSUMERS WITH
COMPREHENSIVE INFORMATION REGARDING COVERED HEALTH
-CARE
SERVICES
, AND, IN CONNECTION THEREWITH, ADJUSTING THE LIMIT
ON THE TOTAL AMOUNT OF TAX CREDITS THAT MAY BE GRANTED TO
HEALTH INSURANCE COMPANIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 10-22-115 as
follows:
10-22-115. Public awareness and education campaign - board -
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. report - repeal. (1) (a) O N OR BEFORE JULY 1, 2023, THE BOARD SHALL
CREATE AND IMPLEMENT A PUBLIC AWARENESS AND EDUCATION CAMPAIGN
IN ORDER TO EDUCATE CONSUMERS IN
COLORADO REGARDING THE OPTIONS
FOR OBTAINING HEALTH
-CARE COVERAGE.
(b) (I) O
N OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL USE
THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN TO EDUCATE
CONSUMERS IN
COLORADO ON HOW TO ATTAIN AND RETAIN HEALTH -CARE
COVERAGE BASED ON THEIR HEALTH
-CARE NEEDS AND FI NANCIAL
CIRCUMSTANCES SO THEY CAN ACCESS THE HEALTH CARE THEY NEED
. THE
CAMPAIGN MUST INCLUDE EFFORTS TO
:
(A) I
MPROVE HEALTH LITERACY AMONG CONSUMERS IN COLORADO;
(B) A
SSIST CONSUMERS IN COLORADO WHO LOSE MINIMUM
ESSENTIAL COVERAGE
; AND
(C) REDUCE THE NUMBER OF INDIVIDUALS ELIGIBLE FOR
HEALTH
-CARE COVERAGE WHO REMAIN UNINSURED OR WITHOUT
HEALTH
-CARE COVERAGE.
(II) T
HE CAMPAIGN MUST INCLUDE INFORMATION ABOUT ELIGIBILITY
AND COSTS WHERE PRACTICABLE
.
(c) T
HE PUBLIC AWARENESS AND EDUCATION CAMPAIGN MUST
INCLUDE MARKETING AND OUTREACH TO HELP CONSUMERS IN THIS STATE
WHO
, AT THE END OF THE COVID-19 PUBLIC HEALTH EMERGENCY AS
DECLARED AND EXTENDED BY THE
UNITED STATES SECRETARY OF HEALTH
AND HUMAN SERVICES
, ARE NO LONGER ELIGIBLE FOR BENEFITS UNDER THE
"COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF TITLE
25.5, OR THE "CHILDREN'S BASIC HEALTH PLAN ACT", ARTICLE 8 OF TITLE
25.5, TO UNDERSTAND COVERAGE OPTIONS AND TO TRANSITION TO
HEALTH
-CARE COVERAGE OBTAINED THROUGH THE EXCHANGE .
(d) T
HE BOARD MAY USE PRINT OR ELECTRONIC MEDIA , WRITTEN
MATERIAL
, SOCIAL MEDIA, DIRECT MAIL, OR ANY EFFECTIVE MEANS OF
OUTREACH TO CREATE AWARENESS AND EDUCATE CONSUMERS
THROUGHOUT THE CAMPAIGN
.
(2) T
HE BOARD SHALL ANNUALLY REPORT TO THE COMMI TTEE AT
PAGE 2-SENATE BILL 22-081 THE FIRST SCHEDULED MEETING OF THE COMMITTEE EACH CALENDAR YEAR
STARTING IN
2024. THE BOARD SHALL INCLUDE IN THE REPORT THE
FOLLOWING INFORMATION
:
(a) T
HE PUBLIC AWARENESS AND EDUCATION CAMPAIGN ACTIVITIES
OF THE BOARD IN THE PRIOR CALENDAR YEAR
;
(b) T
HE AMOUNT OF MONEY SPENT ON THE CAMPAIGN IN THE PRIOR
CALENDAR YEAR AND A DETAILED ACCOUNTING OF HOW THE MONEY WAS
SPENT
; AND
(c) ANY RECOMMENDATIONS OF THE BOARD CONCERNING CHANGES
TO THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN AND THE
CONTINUATION OR REPEAL OF THE DUTIES OF THE BOARD CONCERNING THE
CAMPAIGN
.
(3) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2028. THE
COMMITTEE MAY REPORT A BILL TO THE LEGISLATIVE COUNCIL OF THE
GENERAL ASSEMBLY PURSUANT TO SECTION
10-22-107 (5) TO EXTEND OR
ELIMINATE THE REPEAL DATE IN THIS SECTION
.
SECTION 2. In Colorado Revised Statutes, 10-22-110, amend
(3)(a) introductory portion, (3)(a)(II), (4)(b), and (5) as follows:
10-22-110. Tax credit for contributions to the exchange -
allocation notice - rules - repeal. (3) (a) Subject to paragraph (c) of
subsection (4) SUBSECTION (4)(c) of this section, an insurance company
shall become a qualified taxpayer if all of the following conditions are met:
(II) The total amount of the tax credits granted by the commissioner
does not exceed five million dollars;
EXCEPT THAT, ON AND AFTER
SEPTEMBER 1, 2022, THROUGH AUGUST 31, 2028, THE TOTAL AMOUNT OF
THE TAX CREDITS DOES NOT EXCEED NINE MILLION DOLLARS
; and
(4) (b) (I) Subject to paragraph (c) of this subsection (4)
SUBSECTION
(4)(c) OF THIS SECTION, the commissioner shall allocate no more than a total
of five million dollars THE FOLLOWING TOTAL AMOUNTS of premium tax
credits per year:
(A) B
EFORE SEPTEMBER 1, 2022, A TOTAL OF FIVE MILLION DOLLARS;
PAGE 3-SENATE BILL 22-081 (B) ON AND AFTER SEPTEMBER 1, 2022, THROUGH AUGUST 31, 2028,
A TOTAL OF NINE MILLION DOLLARS; AND
(C) ON AND AFTER SEPTEMBER 1, 2028, A TOTAL OF FIVE MILLION
DOLLARS
.
(II) E
XCEPT AS PROVIDED IN SUBSECTION (4)(b)(III) OF THIS
SECTION
, the commissioner shall allocate to an insurance company that has
declared its intent to contribute to the exchange pursuant to this section tax
credits in an amount equal to the amount of premium taxes paid by the
insurance company in its quarterly tax payment due on or about July 31 in
the order in which the division receives such quarterly tax payments until
the full amount of credits available pursuant to this section has been
allocated. except that,
(III) If such THE amount of PREMIUM taxes or the sum of all the
PREMIUM taxes filed by all the insurance companies on any one day would
exceed, singly or in the aggregate, the annual maximum aggregate amount
of tax credits available under this section, the commissioner shall reduce the
allocation to the insurance company whose contribution first exceeds the
annual maximum aggregate to the amount needed to satisfy the annual
maximum aggregate. If the commissioner is unable to determine the order
of receipt of tax payments on that day, the commissioner shall allocate the
tax credits to the company or among the companies on a pro rata basis
based on the ratio such company's quarterly tax payment bears to the total
amount of all such companies' quarterly tax payments until the full amount
of credits available pursuant to this section has been allocated.
(5) The board shall use moneys
MONEY contributed to the exchange
AS FOLLOWS:
(a) T
HE AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH THE
FIRST FIVE MILLION DOLLARS OF TAX CREDITS IS ALLOCATED
pursuant to
SUBSECTION (4)(b) OF this section and THE interest derived from the deposit
and investment of the moneys
MONEY, to operate and sustain the exchange
and to build reserves;
EXCEPT THAT, ON AND AFTER SEPTEMBER 1, 2028, THE
TOTAL AMOUNT OF CONTRIBUTIONS AND INTEREST DERIVED FROM THE
DEPOSIT AND INVESTMENT OF THE MONEY SHALL BE USED FOR THE PURPOSES
SPECIFIED IN THIS SUBSECTION
(5)(a).
PAGE 4-SENATE BILL 22-081 (b) (I) ANY AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH
ANY AMOUNT IN EXCESS OF THE FIRST FIVE MILLION DOLLARS OF TAX
CREDITS IS ALLOCATED PURSUANT TO SUBSECTION
(4)(b) OF THIS SECTION
AND THE INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE
MONEY
, FOR THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN IN SECTION
10-22-115.
(II) T
HIS SUBSECTION (5)(b) IS REPEALED, EFFECTIVE DECEMBER 31,
2028.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-SENATE BILL 22-081 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 22-081