Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0541.01 Kristen Forrestal x4217
SENATE BILL 22-081
Senate Committees House Committees
State, Veterans, & Military Affairs
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT THE BOARD OF DIRECTORS OF THE101
C
OLORADO HEALTH BENEFIT EXCHANGE CREATE A CONSUMER102
OUTREACH CAMPAIGN TO PROVIDE CONSUMERS WITH103
COMPREHENSIVE INFORMATION REGARDING COVERED104
HEALTH-CARE SERVICES, AND, IN CONNECTION THEREWITH ,105
ADJUSTING THE LIMIT ON THE TOTAL AMOUNT OF TAX CREDITS106
THAT MAY BE GRANTED TO HEALTH INSURANCE COMPANIES .
107
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
SENATE
Amended 2nd Reading
April 29, 2022
SENATE SPONSORSHIP
Smallwood and Donovan,
HOUSE SPONSORSHIP
Tipper and Will,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. The bill requires the board of directors (board) of the Colorado
health benefit exchange (exchange) to create and implement a consumer
outreach campaign (campaign) to provide consumers information
regarding the details of the Colorado medical assistance program and
subsidized and nonsubsidized health benefit plans available for purchase
in the individual and small group markets.
To pay for the campaign:
! The board is required to collect a special fee from insurers;
and
! The amount of the tax credits that the commissioner of
insurance is allowed to allocate to insurers that contribute
to the exchange increases from $5 million to $10 million.
The board is required to annually report its progress and
accounting to the Colorado health insurance exchange oversight
committee at the committee's first meeting of the calendar year. The
requirements of the bill repeal on December 31, 2027.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 10-22-115 as2
follows:3
10-22-115. Public awareness and education campaign - board4
- report - repeal. (1) (a) O
N OR BEFORE JULY 1, 2023, THE BOARD SHALL5
CREATE AND IMPLEMENT A PUBLIC AWARENESS AND EDUCATION6
CAMPAIGN IN ORDER TO EDUCATE CONSUMERS IN COLORADO REGARDING7
THE OPTIONS FOR OBTAINING HEALTH -CARE COVERAGE.
8
(b) (I) O
N OR BEFORE SEPTEMBER 1, 2023, THE BOARD SHALL USE
9
THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN TO EDUCATE10
CONSUMERS IN COLORADO ON HOW TO ATTAIN AND RETAIN HEALTH -CARE11
COVERAGE BASED ON THEIR HEALTH -CARE NEEDS AND FINANCIAL12
CIRCUMSTANCES SO THEY CAN ACCESS THE HEALTH CARE THEY NEED . THE13
CAMPAIGN MUST INCLUDE EFFORTS TO :14
(A) I
MPROVE HEALTH LITERACY AMONG CONSUMERS IN
15
C
OLORADO;
16
081-2- (B) ASSIST CONSUMERS IN COLORADO WHO LOSE MINIMUM1
ESSENTIAL COVERAGE; AND2
(C) R
EDUCE THE NUMBER OF INDIVIDUALS ELIGIBLE FOR
3
HEALTH-CARE COVERAGE WHO REMAIN UNINSURED OR WITHOUT4
HEALTH-CARE COVERAGE.5
(II) T
HE CAMPAIGN MUST INCLUDE INFORMATION ABOUT
6
ELIGIBILITY AND COSTS WHERE PRACTICABLE .7
(c) T
HE PUBLIC AWARENESS AND EDUCATION CAMPAIGN MUST
8
INCLUDE MARKETING AND OUTREACH TO HELP CONSUMERS IN THIS STATE9
WHO, AT THE END OF THE COVID -19 PUBLIC HEALTH EMERGENCY AS10
DECLARED AND EXTENDED BY THE UNITED STATES SECRETARY OF HEALTH11
AND HUMAN SERVICES, ARE NO LONGER ELIGIBLE FOR BENEFITS UNDER12
THE "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4, 5, AND 6 OF13
TITLE 25.5, OR THE "CHILDREN'S BASIC HEALTH PLAN ACT", ARTICLE 8 OF14
TITLE 25.5, TO UNDERSTAND COVERAGE OPTIONS AND TO TRANSITION TO15
HEALTH-CARE COVERAGE OBTAINED THROUGH THE EXCHANGE .16
(d) THE BOARD MAY USE PRINT OR ELECTRONIC MEDIA , WRITTEN17
MATERIAL, SOCIAL MEDIA, DIRECT MAIL, OR ANY EFFECTIVE MEANS OF18
OUTREACH TO CREATE AWARENESS AND EDUCATE CONSUMERS19
THROUGHOUT THE CAMPAIGN .20
(2) T
HE BOARD SHALL ANNUALLY RE PORT TO THE COMMITTEE AT21
THE FIRST SCHEDULED MEETING OF THE COMMITTEE EACH CALENDAR22
YEAR STARTING IN 2024. THE BOARD SHALL INCLUDE IN THE REPORT THE23
FOLLOWING INFORMATION :24
(a) T
HE PUBLIC AWARENESS AND EDUCATION CAMPAIGN25
ACTIVITIES OF THE BOARD IN THE PRIOR CALENDAR YEAR ;26
(b) T
HE AMOUNT OF MONEY SPENT ON THE CAMPAIGN IN THE PRIOR27
081
-3- CALENDAR YEAR AND A DETAILED ACCOUNTING OF HOW THE MONEY WAS1
SPENT; AND2
(c) A
NY RECOMMENDATIONS OF THE BOARD CONCERNING3
CHANGES TO THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN AND4
THE CONTINUATION OR REPEAL OF THE DUTIES OF THE BOARD CONCERNING5
THE CAMPAIGN.6
(3) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2027.7
T
HE COMMITTEE MAY REPORT A BILL TO THE LEGISLATIVE COUNCIL OF THE8
GENERAL ASSEMBLY PURSUANT TO SECTION 10-22-107 (5) TO EXTEND OR9
ELIMINATE THE REPEAL DATE IN THIS SECTION.
10
11
SECTION 2. In Colorado Revised Statutes, 10-22-110, amend12
(3)(a) introductory portion, (3)(a)(II), (4)(b), and (5) as follows:13
10-22-110. Tax credit for contributions to the exchange -14
allocation notice - rules - repeal. (3) (a) Subject to paragraph (c) of15
subsection (4) SUBSECTION (4)(c) of this section, an insurance company16
shall become a qualified taxpayer if all of the following conditions are17
met:18
(II) The total amount of the tax credits granted by the19
commissioner does not exceed five million dollars;
EXCEPT THAT, ON AND
20
AFTER SEPTEMBER 1, 2022, THROUGH AUGUST 31, 2028, THE TOTAL21
AMOUNT OF THE TAX CREDITS DOES NOT EXCEED TEN MILLION DOLLARS ;22
and23
(4) (b) (I) Subject to paragraph (c) of this subsection (4)24
SUBSECTION (4)(c) OF THIS SECTION, the commissioner shall allocate no25
more than a total of five million dollars THE FOLLOWING TOTAL AMOUNTS26
of premium tax credits per year:27
081
-4- (A) BEFORE SEPTEMBER 1, 2022, A TOTAL OF FIVE MILLION1
DOLLARS;2
(B) O
N AND AFTER SEPTEMBER 1, 2022, THROUGH AUGUST 31,
3
2028, A TOTAL OF TEN MILLION DOLLARS; AND4
(C) O
N AND AFTER SEPTEMBER 1, 2028,
A TOTAL OF FIVE MILLION5
DOLLARS.6
(II) E
XCEPT AS PROVIDED IN SUBSECTION (4)(b)(III) OF THIS7
SECTION, the commissioner shall allocate to an insurance company that8
has declared its intent to contribute to the exchange pursuant to this9
section tax credits in an amount equal to the amount of premium taxes10
paid by the insurance company in its quarterly tax payment due on or11
about July 31 in the order in which the division receives such quarterly12
tax payments until the full amount of credits available pursuant to this13
section has been allocated. except that,
14
(III) If such THE amount of PREMIUM taxes or the sum of all the15
PREMIUM taxes filed by all the insurance companies on any one day would16
exceed, singly or in the aggregate, the annual maximum aggregate amount17
of tax credits available under this section, the commissioner shall reduce18
the allocation to the insurance company whose contribution first exceeds19
the annual maximum aggregate to the amount needed to satisfy the annual20
maximum aggregate. If the commissioner is unable to determine the order21
of receipt of tax payments on that day, the commissioner shall allocate the22
tax credits to the company or among the companies on a pro rata basis23
based on the ratio such company's quarterly tax payment bears to the total24
amount of all such companies' quarterly tax payments until the full25
amount of credits available pursuant to this section has been allocated.26
(5) The board shall use moneys MONEY contributed to the27
081
-5- exchange AS FOLLOWS:1
(a) T
HE AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH2
THE FIRST FIVE MILLION DOLLARS OF TAX CREDITS IS ALLOCATED pursuant3
to
SUBSECTION (4)(b) OF this section and THE interest derived from the4
deposit and investment of the moneys
MONEY, to operate and sustain the5
exchange and to build reserves;
EXCEPT THAT, ON AND AFTER SEPTEMBER
6
1, 2028, THE TOTAL AMOUNT OF CONTRIBUTIONS AND INTEREST DERIVED7
FROM THE DEPOSIT AND INVESTMENT OF THE MONEY SHALL BE USED FOR8
THE PURPOSES SPECIFIED IN THIS SUBSECTION (5)(a).9
(b) (I) A
NY AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH10
ANY AMOUNT IN EXCESS OF THE FIRST FIVE MILLION DOLLARS OF TAX11
CREDITS IS ALLOCATED PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION12
AND THE INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE13
MONEY, FOR THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN IN14
SECTION 10-22-115.15
(II) T
HIS SUBSECTION (5)(b) IS REPEALED, EFFECTIVE DECEMBER16
31,
2028.
17
SECTION 3. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2022 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
081
-6-