Colorado 2025 Regular Session

Colorado House Bill HB1297 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0887.01 Brita Darling x2241
88 HOUSE BILL 25-1297
99 House Committees Senate Committees
1010 Health & Human Services
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING UPDATES TO THE HE ALTH INSURANCE AFFORDABILITY101
1414 ENTERPRISE TO PROVIDE CONT INUING COVERAGE FOR HEALTH102
1515 INSURANCE NEEDS IN THE STATE .103
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 Beginning in 2026, the bill authorizes an increase to the health
2424 insurance affordability fee assessed and collected from insurance carriers
2525 (carriers) by up to one percentage point to implement and administer the
2626 health insurance affordability enterprise (HIAE). The bill includes
2727 objectives for the commissioner of insurance (commissioner) to consider
2828 HOUSE SPONSORSHIP
2929 Brown and Gilchrist,
3030 SENATE SPONSORSHIP
3131 Jodeh,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. in determining whether to increase the HIAE fee, including, in part,
3535 maintaining HIAE programs to achieve a premium reduction in the
3636 reinsurance program and to provide subsidies for individuals with low
3737 income who purchase insurance on the Colorado health benefit exchange.
3838 The commissioner shall notify carriers of the amount of the HIAE fee for
3939 the upcoming calendar year.
4040 The bill changes the allocation of the HIAE fee assessed for 2026,
4141 dedicating up to 40% each to state-subsidized individual health coverage
4242 plans purchased by qualified individuals and to the reinsurance program
4343 cash fund, with the remaining revenue allocated for other purposes
4444 specified in the bill, including new and emerging health insurance
4545 affordability initiatives.
4646 The bill authorizes the enterprise to seek, accept, and expend gifts,
4747 grants, or donations for the purposes of the HIAE.
4848 Be it enacted by the General Assembly of the State of Colorado:1
4949 SECTION 1. In Colorado Revised Statutes, 10-16-1203, amend2
5050 (12)(c) as follows:3
5151 10-16-1203. Definitions. As used in this part 12, unless the4
5252 context otherwise requires:5
5353 (12) "Qualified individual" means an individual, regardless of6
5454 immigration status, who:7
5555 (c) Is not eligible for the premium tax credit, medicaid, medicare,8
5656 or the children's basic health plan;
5757 EXCEPT FOR AN INDIVIDUAL WHO IS9
5858 ELIGIBLE PURSUANT TO SECTION 25.5-5-201 (6) OR 25.5-8-109 (7).10
5959 SECTION 2. In Colorado Revised Statutes, 10-16-1205, amend11
6060 (1)(a)(I) introductory portion, (1)(b)(II), and (2)(d)(I) introductory12
6161 portion; and add (1)(a.5), (1)(b)(VI), (1)(b)(VII), (2)(d)(IV), and (2)(e)13
6262 as follows:14
6363 10-16-1205. Health insurance affordability fee - special15
6464 assessment on hospitals - allocation of revenues. (1) (a) (I) Starting in16
6565 the 2021 calendar year, the enterprise shall assess and collect from17
6666 HB25-1297-2- carriers, by July 15 each year, a health insurance affordability fee. EXCEPT1
6767 AS PROVIDED IN SUBSECTION (1)(a.5) OF THIS SECTION, the fee amount is2
6868 based on the following percentages of premiums collected by the3
6969 following carriers in the immediately preceding calendar year on health4
7070 benefit plans issued in the state:5
7171 (a.5) (I) S
7272 TARTING IN THE 2026 CALENDAR YEAR , THE6
7373 COMMISSIONER MAY INCREASE THE HEALTH INSURANCE AFFORDABILITY7
7474 FEE BY UP TO ONE PERCENTAGE POINT ABOVE THE PERCENTAGES SPECIFIED8
7575 IN SUBSECTION (1)(a)(I) OF THIS SECTION.9
7676 (II) I
7777 N DETERMINING WHETHER TO INCREASE THE PERCENTAGE OF10
7878 PREMIUMS COLLECTED BY THE CARRIERS PURSUANT TO SUBSECTION11
7979 (1)(a)(I)
8080 OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER THE12
8181 FOLLOWING OBJECTIVES:13
8282 (A) M
8383 AINTAINING THE ENTERPRISE PROGRAMS TO ACHIEVE A14
8484 STATEWIDE AVERAGE TWENTY PERCENT PREMIUM REDUCTION IN THE15
8585 REINSURANCE PROGRAM, PROVIDING SUBSIDIES FOR INDIVIDUALS WITH AN16
8686 INCOME OF UP TO TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY17
8787 LINE WHO PURCHASE INSURANCE ON THE EXCHANGE , AND PROVIDING18
8888 COVERAGE FOR QUALIFIED INDIVIDUALS AT THE 2025 CALENDAR YEAR19
8989 ENROLLMENT LEVEL;20
9090 (B) C
9191 OVERING THE COSTS OF ENSURING COMPLIANCE IN THE21
9292 INDIVIDUAL MARKET WITH THE FEDERAL HYDE AMENDMENT OR A SIMILAR22
9393 AMENDMENT; AND23
9494 (C) S
9595 UPPORTING ADDITIONAL AFFORDABILITY EFFORTS TO24
9696 MAINTAIN OR INCREASE COVERAGE IN THE INDIVIDUAL MARKET .25
9797 (III) T
9898 HE COMMISSIONER SHALL NOTIFY CARRIERS OF THE HEALTH26
9999 INSURANCE FEE AMOUNT FOR THE CALENDAR YEAR NOT LATER THAN27
100100 HB25-1297
101101 -3- AUGUST 31 OF THE YEAR BEFORE THE CALENDAR YEAR FOR WHICH THE1
102102 FEE AMOUNT IS ASSESSED.2
103103 (b) The enterprise shall use the fee, the special assessment on3
104104 hospitals, and any other money available in the fund as follows, allocated4
105105 in accordance with subsection (2) of this section:5
106106 (II) To provide payments to carriers to increase the affordability6
107107 of health insurance on the individual market for Coloradans who receive7
108108 the premium tax credit PURCHASE INSURANCE ON THE EXCHANGE ;8
109109 (VI) T
110110 O COVER THE COSTS OF ENSURING COMPLIANCE IN THE9
111111 INDIVIDUAL MARKET WITH THE FEDERAL HYDE AMENDMENT OR A SIMILAR10
112112 AMENDMENT; AND11
113113 (VII) T
114114 O SUPPORT ADDITIONAL AFFORDABILITY EFFORTS TO12
115115 MAINTAIN OR INCREASE COVERAGE IN THE INDIVIDUAL MARKET .13
116116 (2) (d) (I) The enterprise shall allocate the revenues collected in14
117117 2023 and each year thereafter
118118 THROUGH 2026, and any other money15
119119 deposited in the fund in 2023 and each year thereafter THROUGH 2026, in16
120120 the following amounts and order of priority:17
121121 (IV) F
122122 OR THE 2025 AND 2026 CALENDAR YEARS, THE ENTERPRISE18
123123 MAY USE A PORTION OF THE REVENUES COLLECTED IN 2025 AND 2026 FOR19
124124 THE PURPOSES SPECIFIED IN SUBSECTIONS (1)(b)(VI) AND (1)(b)(VII) OF20
125125 THIS SECTION.21
126126 (e) T
127127 HE ENTERPRISE SHALL ALLOCATE THE REVENUES ASSESSED22
128128 FOR THE 2026 CALENDAR YEAR AND FOR EACH CALENDAR YEAR23
129129 THEREAFTER, AND ANY OTHER MONEY DEPOSITED IN THE FUND IN 202624
130130 AND EACH YEAR THEREAFTER , IN THE FOLLOWING WAY:25
131131 (I) U
132132 P TO FORTY PERCENT FOR SUBSIDIES FOR STATE-SUBSIDIZED26
133133 INDIVIDUAL HEALTH COVERAGE PLANS PURCHASED BY QUALIFIED27
134134 HB25-1297
135135 -4- INDIVIDUALS;1
136136 (II) U
137137 P TO FORTY PERCENT TO THE REINSURANCE PROGRAM CASH2
138138 FUND;3
139139 (III) U
140140 P TO TEN PERCENT TO REDUCE THE COSTS OF INDIVIDUAL4
141141 HEALTH PLANS FOR INDIVIDUALS WHO PURCHASE AN INDIVIDUAL HEALTH5
142142 BENEFIT PLAN ON THE EXCHANGE ;6
143143 (IV) U
144144 P TO THREE AND ONE -HALF PERCENT FOR ACTUAL7
145145 ADMINISTRATIVE COSTS AS SET FORTH IN SUBSECTION (1)(b)(IV) OF THIS8
146146 SECTION; AND9
147147 (V) U
148148 P TO SIX AND ONE-HALF PERCENT, AND ANY MONEY10
149149 REMAINING AFTER THE ALLOCATIONS ARE MADE IN THIS SUBSECTION11
150150 (2)(e),
151151 THAT THE COMMISSIONER MAY DESIGNATE FOR :12
152152 (A) A
153153 NY ALLOCATION SPECIFIED IN THIS SUBSECTION (2)(e); OR13
154154 (B) N
155155 EW AND EMERGING HEALTH INSURANCE AFFORDABILITY14
156156 INITIATIVES, INCLUDING THE PURPOSES SPECIFIED IN SUBSECTIONS15
157157 (1)(b)(VI)
158158 AND (1)(b)(VII) OF THIS SECTION AND HEALTH INSURANCE16
159159 AFFORDABILITY CASH FUND RESERVES .17
160160 SECTION 3. In Colorado Revised Statutes, 10-16-1206, amend18
161161 (1)(f) and (1)(g); and add (1)(h) as follows:19
162162 10-16-1206. Health insurance affordability cash fund -20
163163 creation - repeal. (1) There is created in the state treasury the health21
164164 insurance affordability cash fund. The fund consists of:22
165165 (f) All interest and income derived from the deposit and23
166166 investment of money in the fund; and
167167 24
168168 (g) The federal share of the medical assistance payments received25
169169 pursuant to section 25.5-4-503 (2);
170170 AND26
171171 (h) G
172172 IFTS, GRANTS, OR DONATIONS RECEIVED FROM PRIVATE OR27
173173 HB25-1297
174174 -5- PUBLIC SOURCES FOR THE OPERATION, RESERVES, AND SUSTAINABILITY OF1
175175 THE ENTERPRISE.2
176176 SECTION 4. In Colorado Revised Statutes, 10-16-1207, add3
177177 (4)(e) as follows:4
178178 10-16-1207. Health insurance affordability board - creation -5
179179 membership - powers and duties - subject to open meetings and6
180180 public records laws - commissioner rules. (4) The board is authorized7
181181 to:8
182182 (e) S
183183 EEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS9
184184 FROM PRIVATE OR PUBLIC SOURCES FOR THE OPERATION , RESERVES, AND10
185185 SUSTAINABILITY OF THE ENTERPRISE. THE ENTERPRISE SHALL CONSIDER11
186186 THE FEASIBILITY OF ALLOCATING GIFTS, GRANTS, OR DONATIONS RECEIVED12
187187 FROM SPECIFIC LOCALITIES OR DIRECTED TO SPECIFIC LOCALITIES TO BE13
188188 USED ONLY IN THOSE LOCALITIES.14
189189 SECTION 5. Safety clause. The general assembly finds,15
190190 determines, and declares that this act is necessary for the immediate16
191191 preservation of the public peace, health, or safety or for appropriations for17
192192 the support and maintenance of the departments of the state and state18
193193 institutions.19
194194 HB25-1297
195195 -6-