HB 25-1297 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature HB 25-1297: HEALTH INSURANCE AFFORDABILITY ENTERPRISE UPDATE Prime Sponsors: Rep. Brown; Gilchrist Sen. Jodeh Published for: House Health & Human Services Drafting number: LLS 25-0887 Fiscal Analyst: Kristine McLaughlin, 303-866-4776 kristine.mclaughlin@coleg.gov Version: Initial Fiscal Note Date: March 14, 2025 Fiscal note status: The fiscal note reflects the introduced bill. Summary Information Overview. The bill raises the fee cap and changes the funding allocation of the Health Insurance Affordability Enterprise. Types of impacts. The bill is projected to affect the following areas on an ongoing basis: State Revenue State Expenditures Appropriations. No appropriation is required. All expenditures are paid from the Health Insurance Affordability Cash Fund, which is continuously appropriated. Table 1 State Fiscal Impacts Type of Impact Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 State Revenue (Cash Funds) $0 $0 $67,823,157 State Expenditures (Cash Funds) $0 $0 $67,823,157 Transferred Funds $0 $0 $0 Change in TABOR Refunds $0 $0 $0 Change in State FTE 0.0 FTE 0.0 FTE 0.0 FTE Page 2 March 14, 2025 HB 25-1297 Summary of Legislation Senate Bill 20-215 created the Health Insurance Affordability Enterprise (the enterprise) in the Department of Regulatory Agencies (DORA). The enterprise assesses a fee on health insurance carriers, which is currently caped at 1.15 percent of premiums for nonprofit carriers and 2.1 percent for for-profit carriers. As shown in Table 2, fund are allocated to several initiative to reduce individual insurance market premiums, including: the reinsurance program which covers a portion of claims for high cost individuals; state insurance subsides for Coloradans with incomes below 300 percent of the federal poverty line who are not eligible for federal tax credits or state funded insurance; and payments to carriers to lower the cost of purchasing insurance through the Health Insurance Exchange for individuals who meet federal requirements, including having an income between 133 and 400 percent of the federal poverty line. The bill increases the carrier fee cap by up to 1.0 percent and changes the funding allocations as shown in Table 2. Additionally, the bill allows the enterprise to accept gifts, grants, and donations. Table 2 Funding Allocation Proposed Changes HIAE Costs Current Law Under HB 25-1297 Reinsurance Program Lesser of 73 percent or $90 million 40 percent State Subsidies $18 million plus any remaining 40 percent Health Insurance Exchange Up to 10 percent 10 percent Emerging Initiatives Not available 6.5 percent Administrative 3 percent 3.5 percent State Revenue Revenue will increase to the Health Insurance Affordability Enterprise in DORA if, as allowed by the bill, the enterprise raises fees on insurance premiums by 1.0 percent starting in calendar year 2026. There is an 18-month lag between when fees are increased and revenue is accrued, resulting in the potential increase in revenue starting in FY 2027-28 as shown in Table 3. This revenue is not subject to TABOR. Page 3 March 14, 2025 HB 25-1297 Table 3 Annual Change in Insurance Premium Fee Revenue Starting in FY 2027-28 Fee Premiums Subject to Fee Fee Increase Revenue Increase Insurance Premium Fee - For-Profit $4,355,338,320 1.0% $43,553,383 Insurance Premium Fee - Nonprofit $2,426,977,389 1.0% $24,269,774 Total FY 2027-28 and Future Years $6,782,315,709 1.0% $67,823,157 State Expenditures Expenditures in the Health Insurance Affordability Enterprise in DORA will increase to the extent that revenue increases as shown above in Table 3. Additionally, the bill changes the funding allocation for programs within the enterprise as shown in Table 2 above. Table 4 shows how the reallocation in revenue will affect enterprise expenditures based on projected FY 2025-26 revenue. The same relative change is expected in future years even as total program expenditures increase. Table 4 Funding Allocation Proposed Changes, Expenditure Impact in FY 2025-26 HIAE Costs Current Law Under HB 25-1297 Net Change Reinsurance Program $87,894,186 $48,161,198 -$39,732,988 State Subsidies $18,000,000 $48,161,198 $30,161,198 Health Insurance Exchange $10,896,719 $12,040,299 $1,143,580 Emerging Initiatives $0 $7,826,195 $7,826,195 Administrative $3,612,090 $4,214,104 $602,014 Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. Page 4 March 14, 2025 HB 25-1297 State and Local Government Contacts Regulatory Agencies 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.