Colorado 2025 2025 Regular Session

Colorado House Bill HB1297 Introduced / Fiscal Note

Filed 04/08/2025

                    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 Finance 
Drafting number: LLS 25-0887  
Fiscal Analyst: 
Kristine McLaughlin, 303-866-4776 
kristine.mclaughlin@coleg.gov  
Version: First Revised Note  
Date: April 8, 2025 
Fiscal note status: This revised fiscal note reflects the introduced bill as amended by the House Health & 
Human Services Committee and was updated based on corrected timeline information 
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 
State Revenue (Cash Funds) 	$0 $67,823,157 
State Expenditures (Cash Funds) 	$0 $67,823,157 
Transferred Funds  	$0 	$0 
Change in TABOR Refunds 	$0 	$0 
Change in State FTE 	0.0 FTE 	0.0 FTE  Page 2 
April 8, 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, funds are allocated to several initiatives to 
reduce individual insurance market premiums, including: 
 the reinsurance program which covers a portion of claims for high cost individuals; 
 the OmniSalud program which subsides insurance 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. 
Starting in FY 2026-27, the bill increases the carrier fee cap by up to 1.0 percent and changes the 
funding allocations as shown in Table 2. This increase is conditional on federal action to reduce 
or eliminate enhanced subsidies under the federal Affordable Care Act, which has already 
occurred. 
Additionally, the bill requires the enterprise to produce a report and conduct stakeholdering, 
and allows the enterprise to accept gifts, grants, and donations.  
Table 2 
Change to Funding Allocation for 
the Health Insurance Affordability Enterprise 
HIAE Costs 	Current Law Under HB 25-1297 
Reinsurance Program Lesser of 73 percent or $90 million 40 percent 
OmniSalud Program $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 
   Page 3 
April 8, 2025  HB 25-1297 
 
 
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 a lag between when fees are increased and revenue is accrued, resulting in the 
potential increase in revenue starting in FY 2026-27 as shown in Table 3. This revenue is not 
subject to TABOR. 
Table 3 
Annual Change in Insurance Premium Fee Revenue 
Starting in FY 2026-27 
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 2026-27 	$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 by the amounts shown in Table 3 above. Workload will also minimally 
increase to solicit stakeholder input and produce the report. 
Additionally, the bill changes the funding allocation for programs within the enterprise starting 
in FY 2026-27 as shown in Table 2 above. Table 4 shows how the reallocation in revenue will 
affect enterprise expenditure. Only revenue that the Enterprise receives from the Insurance 
Premium Fee after calendar year 2026 is affected by the bill and shown in Table 4. 
Table 4 
Change in Program Funding under HB 25-1297 
HIAE Costs 	Current Law Under HB 25-1297 Net Change 
Reinsurance Program $87,141,812 $74,878,201 -$12,263,611 
OmniSalud Program $18,000,000 $74,878,201 $56,878,201 
Health Insurance Exchange $10,649,363  $18,719,550 $8,070,187 
Emerging Initiatives 	$0  $12,167,708 $12,167,708 
Administrative 	$3,581,170 $6,551,843 $2,970,672 
Total FY 2026-27 $119,372,345 $187,195,502 $67,823,157  Page 4 
April 8, 2025  HB 25-1297 
 
 
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his 
signature. 
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.