SB 25-058 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature SB 25-058: INSURANCE REBATE REFORM MODEL ACT Prime Sponsors: Sen. Snyder Published for: Senate Health & Human Services Drafting number: LLS 25-0364 Fiscal Analyst: Kristine McLaughlin, 303-866-4776 kristine.mclaughlin@coleg.gov Version: Initial Fiscal Note Date: January 29, 2025 Fiscal note status: The fiscal note reflects the introduced bill. Summary Information Overview. The bill allows insurance companies to offer discounted and promotional prices. Types of impacts. The bill is projected to affect the following areas on an ongoing basis: Minimal State Workload State Revenue Appropriations. No appropriation is required. Table 1 State Fiscal Impacts Type of Impact Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures $0 $0 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE 0.0 FTE 0.0 FTE Page 2 January 29, 2025 SB 25-058 Summary of Legislation Under current law, rebates that discount the price of insurance below what is stated in the contract is a deceptive trade practice. The bill allows insurance companies to offer discounted and promotional prices under the following conditions: the discount is valued at under $250 or under $500 for raffle prizes; the discount is offered on a service that is educational or contract-value enhancing; or the discount is offered on a services that is not conditional on further purchases. The bill directs the commissioner of the Division of Insurance in the Department of Regulatory Agencies to adopt rules to implement these provisions, including adjusting financial limitations to meet inflation. State Revenue The bill may decrease state revenue from violations of deceptive trade practice law in the business of insurance, as outlined below. Civil Penalties A person committing a deceptive trade practice in the business of insurance may be subject to a civil penalty of up to $3,000 for each act, with potentially higher penalties for willful or repeat violations, up to a maximum annual penalty specified in statute. Given that insurers typically comply with the requirements of the law, any potential reduction in criminal activity is expected to be minimal. Penalty revenue is deposited into the General Fund and subject to TABOR. Filing Fees Similar to civil penalties, any reduction in revenue to the Judicial Department from filing fees is expected to be minimal. Revenue from filing fees is subject to TABOR State Expenditures Starting in FY 2025-26, the bill minimally impacts workload in the Department of Regulatory Agencies (DORA), the Office of Administrative Courts and the Judicial Department Department of Regulatory Agencies The bill minimally increases workload in DORA to promulgate rules in accordance with the bill. This workload may be offset to the extent that fewer deceptive trade practice complaints are filed or initiated by the commissioner. The department may require legal counsel, provided by the Department of Law, related to rulemaking and ongoing administration of the provisions. Any change in expenditures can be accomplished within existing appropriations. Page 3 January 29, 2025 SB 25-058 Hearings and Appeals The Office of Administrative Courts in the Department of Personnel and Administration, and the Court of Appeals in the Judicial Department may have a decrease in workload from fewer deceptive trade practice related cases. It is assumed that insurers already abide by the law and any change legislation will result in a minimal impact to overall caseload for these courts. No change in appropriations is required. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State and Local Government Contacts Health Care Policy and Financing 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.