Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0541.01 Kristen Forrestal x4217
SENATE BILL 22-081
Senate Committees House Committees
State, Veterans, & Military Affairs Public & Behavioral Health & Human Services
Finance Finance
Appropriations 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
.)
HOUSE
Amended 2nd Reading
May 10, 2022
SENATE
3rd Reading Unamended
May 2, 2022
SENATE
Amended 2nd Reading
April 29, 2022
SENATE SPONSORSHIP
Smallwood and Donovan, Bridges, Buckner, Coleman, Cooke, Coram, Fenberg, Gardner,
Ginal, Gonzales, Hansen, Hinrichsen, Hisey, Jaquez Lewis, Kirkmeyer, Kolker, Lee, Liston,
Moreno, Pettersen, Priola, Rankin, Rodriguez, Scott, Simpson, Sonnenberg, Story, Winter,
Woodward
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
REPORT TO THE COMMITTEE AT THE FIRST21
SCHEDULED MEETING OF THE COMMITTEE IN 2024. THE BOARD SHALL22
INCLUDE IN THE REPORT THE FOLLOWING INFORMATION :23
(a) T
HE PUBLIC AWARENESS AND EDUCATION CAMPAIGN24
ACTIVITIES OF THE BOARD IN THE PRIOR CALENDAR YEAR ;25
(b) T
HE AMOUNT OF MONEY SPENT ON THE CAMPAIGN IN THE PRIOR26
CALENDAR YEAR AND A DETAILED ACCOUNTING OF HOW THE MONEY WAS27
081
-3- SPENT; AND1
(c) A
NY RECOMMENDATIONS OF THE BOARD CONCERNING2
CHANGES TO THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN AND3
THE CONTINUATION OR REPEAL OF THE DUTIES OF THE BOARD CONCERNING4
THE CAMPAIGN.5
(3) T
HIS SECTION IS REPEALED, EFFECTIVE
DECEMBER 31, 2025.6
T
HE COMMITTEE MAY REPORT A BILL TO THE LEGISLATIVE COUNCIL OF THE7
GENERAL ASSEMBLY PURSUANT TO SECTION 10-22-107 (5) TO EXTEND OR8
ELIMINATE THE REPEAL DATE IN THIS SECTION.
9
10
SECTION 2. In Colorado Revised Statutes, 10-22-110, amend11
(3)(a) introductory portion, (3)(a)(II), (4)(b), and (5) as follows:12
10-22-110. Tax credit for contributions to the exchange -13
allocation notice - rules - repeal. (3) (a) Subject to paragraph (c) of14
subsection (4) SUBSECTION (4)(c) of this section, an insurance company15
shall become a qualified taxpayer if all of the following conditions are16
met:17
(II) The total amount of the tax credits granted by the18
commissioner does not exceed five million dollars;
EXCEPT THAT, ON AND
19
AFTER SEPTEMBER 1, 2022, THROUGH AUGUST 31, 2024, THE TOTAL20
AMOUNT OF THE TAX CREDITS DOES NOT EXCEED TEN MILLION DOLLARS ;21
and22
(4) (b) (I) Subject to paragraph (c) of this subsection (4)23
SUBSECTION (4)(c) OF THIS SECTION, the commissioner shall allocate no24
more than a total of five million dollars THE FOLLOWING TOTAL AMOUNTS25
of premium tax credits per year:26
(A) B
EFORE SEPTEMBER 1, 2022,
A TOTAL OF FIVE MILLION27
081
-4- DOLLARS;1
(B) O
N AND AFTER SEPTEMBER 1, 2022, THROUGH AUGUST 31,
2
2024, A TOTAL OF TEN MILLION DOLLARS; AND3
(C) O
N AND AFTER SEPTEMBER 1,
2024, A TOTAL OF FIVE MILLION4
DOLLARS.5
(II) E
XCEPT AS PROVIDED IN SUBSECTION (4)(b)(III) OF THIS6
SECTION, the commissioner shall allocate to an insurance company that7
has declared its intent to contribute to the exchange pursuant to this8
section tax credits in an amount equal to the amount of premium taxes9
paid by the insurance company in its quarterly tax payment due on or10
about July 31 in the order in which the division receives such quarterly11
tax payments until the full amount of credits available pursuant to this12
section has been allocated. except that,
13
(III) If such THE amount of PREMIUM taxes or the sum of all the14
PREMIUM taxes filed by all the insurance companies on any one day would15
exceed, singly or in the aggregate, the annual maximum aggregate amount16
of tax credits available under this section, the commissioner shall reduce17
the allocation to the insurance company whose contribution first exceeds18
the annual maximum aggregate to the amount needed to satisfy the annual19
maximum aggregate. If the commissioner is unable to determine the order20
of receipt of tax payments on that day, the commissioner shall allocate the21
tax credits to the company or among the companies on a pro rata basis22
based on the ratio such company's quarterly tax payment bears to the total23
amount of all such companies' quarterly tax payments until the full24
amount of credits available pursuant to this section has been allocated.25
(5) The board shall use moneys MONEY contributed to the26
exchange
AS FOLLOWS:27
081
-5- (a) THE AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH1
THE FIRST FIVE MILLION DOLLARS OF TAX CREDITS IS ALLOCATED pursuant2
to
SUBSECTION (4)(b) OF this section and THE interest derived from the3
deposit and investment of the moneys
MONEY, to operate and sustain the4
exchange and to build reserves;
EXCEPT THAT, ON AND AFTER SEPTEMBER
5
1, 2024, THE TOTAL AMOUNT OF CONTRIBUTIONS AND INTEREST DERIVED6
FROM THE DEPOSIT AND INVESTMENT OF THE MONEY SHALL BE USED FOR7
THE PURPOSES SPECIFIED IN THIS SUBSECTION (5)(a).8
(b) (I) A
NY AMOUNT OF CONTRIBUTIONS FROM INSURERS TO WHICH9
ANY AMOUNT IN EXCESS OF THE FIRST FIVE MILLION DOLLARS OF TAX10
CREDITS IS ALLOCATED PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION11
AND THE INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THE12
MONEY, FOR THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN IN13
SECTION 10-22-115.14
(II) T
HIS SUBSECTION (5)(b) IS REPEALED, EFFECTIVE DECEMBER15
31,
2024.16
SECTION 3. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly; except19
that, if a referendum petition is filed pursuant to section 1 (3) of article V20
of the state constitution against this act or an item, section, or part of this21
act within such period, then the act, item, section, or part will not take22
effect unless approved by the people at the general election to be held in23
November 2022 and, in such case, will take effect on the date of the24
official declaration of the vote thereon by the governor.25
081
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