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.