HB 25-1026
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1026: REPEAL COPAYMENT FOR DOC INM ATE HEALTH CARE
Prime Sponsors:
Rep. Carter; Garcia
Published for: House Judiciary
Drafting number: LLS 25-0611
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: Initial Fiscal Note
Date: January 15, 2025
Fiscal note status: This fiscal note reflects the introduced bill.
Summary Information
Overview. The bill prohibits the DOC from charging copayments and late fees for medical services.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
State Revenue
State Expenditures
TABOR Refunds
Appropriations. For FY 2025-26, the bill requires a General Fund appropriation of $157,179 to the
Department of Corrections and a cash fund reduction in the same amount.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue -$157,179 -$157,179
State Expenditures
1
No net change No net change
Transferred Funds $0 $0
Change in TABOR Refunds -$157,179 -$157,179
Change in State FTE 0.0 FTE 0.0 FTE
1
The bill requires in a refinancing of cash fund expenditures to the General Fund, resulting in no net
change in total expenditures. Fund sources for these impacts are shown in the tables below. Page 2
January 15, 2025 HB 25-1026
Table 1A
State Revenue
Fund Source
Budget Year
FY 2025-26
Out Year
FY 2026-27
General Fund $0 $0
Cash Funds -$157,179 -$157,179
Total Revenue -$157,179 -$157,179
Table 1B
State Expenditures
Fund Source
Budget Year
FY 2025-26
Out Year
FY 2026-27
General Fund $157,179 $157,179
Cash Funds -$157,179 $157,179
Total Expenditures $0 $0
Total FTE 0.0 FTE 0.0 FTE
Summary of Legislation
Currently, state law permits the Department of Corrections (DOC) to charge inmates a copay for
health services and caps the copay amount to $5. This bill repeals this authority and prohibits
the DOC from charging copayments or late fees for any medical service.
Background
According to DOC Rule 700-30, all offenders have access to health care regardless of their ability
to pay, but the department does charge:
a $5 copay for self-declared emergencies;
a $3 copay (which may be waived for chronic conditions) for offender-initiated medical
appointments, dental visits, and optometry services; and
a $3 no-show fee when an offender fails to attend or properly cancel a scheduled
appointment, or when an offender refuses an appointment.
The policy also provides a range of services where a co-pay is not charged, such as for routine
treatment orders, medical conditions related to a state or national declared emergency, lab work
and x-rays, dialysis, end-of-life care, and infirmary admission, among others. Page 3
January 15, 2025 HB 25-1026
State Revenue
Starting in FY 2025-26, cash fund revenue to the DOC will decrease by an estimated $157,179
per year. This represents the current amount of copayments and late fees collected by the DOC.
This revenue is subject to the state’s TABOR limit.
State Expenditures
Starting in FY 2025-26, the bill decreases state cash fund expenditures from copayments by
$157,179 and increases General Fund expenditures by the same amount. General Fund costs will
pay for the portion of medical services costs that are currently covered using copayments and
late fees paid by offenders. In addition, the removal of late fees may increase the number of
appointment no-shows, which may create scheduling delays.
TABOR Refunds
The bill is expected to decrease the amount of state revenue required to be refunded to
taxpayers by $157,179 per year. This estimate assumes the December 2024 LCS revenue
forecast. A forecast of state revenue subject to TABOR is not available beyond FY 2026-27.
Because TABOR refunds are paid from the General Fund, decreased cash fund revenue will
increase the amount of General Fund available to spend or save.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State Appropriations
For FY 2025-26, the bill requires the following appropriation adjustments to the Department of
Corrections:
a decrease of $157,179 in cash funds from the Medical Services Subprogram Personal
Services line; and
an increase of $157,179 from the General Fund.
State and Local Government Contacts
Corrections
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.