JOINT RELEASE: Two Bills Blunt Rising Healthcare Costs, Protect Children with Autism Signed into Law

DENVER, CO – Governor Jared Polis today signed two bills into law. SB26-178 will limit health insurance rate increases and reduce the number of Coloradans who could lose their health insurance coverage due to Congress’ continued refusal to extend enhanced premium tax credits. HB26-1425 creates necessary professional licensure for Applied Behavioral Analysis (ABA) providers and facilities to reduce fraud and improve safety, reporting and accountability. 

“These laws establish important protections and efforts to not only blunt rising healthcare costs, but protect children with autism without limiting access to this essential care,” said Rep. Lindsay Gilchrist, D-Denver, sponsor of SB26-178 and HB26-1425. “Without this SB26-178, everyone’s healthcare costs will go up. Coloradans will experience massive premium increases, more Coloradans will lose insurance and care altogether, and our safety net providers and emergency rooms will become strained. We need this law because of Congress’ refusal to extend premium tax credits. HB26-1425 establishes a licensure process for providers and lays the groundwork for the licensing of ABA facilities to keep children safe and uphold the integrity of qualified ABA therapists.” 

“While we’d like for the federal government to step in and extend the tax credits that bring down the cost of healthcare, this law is a solution for Coloradans that will prevent premiums from skyrocketing and protect access to care,” said Sen. Kyle Mullica, D-Thornton, sponsor of SB26-178. “Coloradans cannot afford to spend hundreds more every month on health insurance. We are acting now to keep Coloradans insured, and we continue to urge Congress to do their part.”

“Without these laws, healthcare premiums will skyrocket, and ABA therapy will remain largely unregulated and more children could fall victim to abuse, neglect, and fraudulent care,” said Rep. Kyle Brown, D-Louisville, sponsor of SB26-178 and HB26-1425. “These monumental laws step up to keep our communities safe by keeping Coloradans insured and regulating ABA providers to standardize care and deter bad actors. We’re all just one illness or accident away from unexpected medical costs, and SB26-178 keeps premium costs down after Congress’ failure to extend premium tax credits.” 

“We are all one sickness or accident away from unexpected medical costs – and when we don’t have insurance, these situations become dangerous, deadly, and expensive for the entire healthcare system,” said Sen. Iman Jodeh, D-Aurora, sponsor of SB26-178. “This new law continues our work to step up while the federal government is stepping back. We’re limiting premium increases and protecting access to health insurance so that Coloradans can continue to have access to preventive and life-saving healthcare.”

SB26-178 will save Coloradans money and maintain health insurance coverage. SB26-178 only applies to the 2027 plan year. This law comes after last year’s HB25B-1006, which softened health insurance rate increases and helped prevent 70,000 Coloradans from losing their health care plan in the 2026 plan year. Without SB26-178, Coloradans who purchase their own health insurance would have experienced an average premium increase of $2,000 annually, with Colorado families on the Western Slope experiencing an average premium increase of $4,000 annually. Additionally, 22,000 Coloradans could lose their health insurance coverage. 

These laws come in response to Congressional Republicans’ continued refusal to reinstate enhanced premium tax credits for people who purchase health insurance through the Affordable Care Act marketplace. 

To sustain these affordable health insurance programs, SB26-178 invests one-time funds in the Health Insurance Affordability Enterprise (HIAE). The SB26-178 will also allow the HIAE board to invest enterprise funds and restructure a tax credit incentive to boost donations to the HIAE. Using these new funds and tools, the law will:

• Boost funds in the health insurance affordability cash fund to blunt serious increases in insurance premiums and protect coverage, 

• Implement cost-savings measures to aim to reduce statewide average premium increases by 18 percent, and

• Support existing affordability programs, including on-exchange subsidies and the OmniSalud program, to maintain or expand coverage.

Governor Polis also signed HB26-1425 to establish important regulations and licensure for ABA providers to align Colorado with other states, including Texas, Kentucky and Washington.

“The children who rely on the essential health services from Applied Behavioral Analysis providers deserve quality and uninterrupted care, especially as we see increasing concerns about the safety of youth care facilities,” said Sen. Lindsey Daugherty, D-Arvada, sponsor of HB26-1425. “I’m proud to sponsor this new law to ensure that providers and facilities can provide top-notch care under the same standards as other providers across the country.”

Also sponsored by Senator Scott Bright, R-Platteville, HB26-1425 initiates the development of facilities licensure without restricting access to critical therapy services. ABA is an evidence-based behavioral health treatment primarily used to help manage the symptoms of Autism Spectrum Disorder (ASD) and other developmental disabilities.

Until this law, there was no licensure requirement for behavioral health technicians and ABA providers in Colorado. Under HB26-1425, ABA providers are required to apply for professional licensure. As concerns with facility conditions rise, this law will also take the necessary first steps to ensure ABA facilities are safe, clean, and comfortable for children in ABA therapy. Additionally, ABA clinics that receive notice of a negative licensing action must notify enrolled families of the notice and provide the state with a list of those families.

To hold bad actors accountable and keep children safe, HB26-1425 requires ABA providers and facilities to obtain licenses. Both professional and facility licenses require fingerprint-based background checks for providers and staff.

In February, the Office of the Inspector General (OIG) released an audit of ABA therapy in Colorado, finding that some ABA providers are making improper claims for payment. An internal report from the Colorado Department of Human Services (CDHS) revealed dozens of cases of child abuse largely due to a lack of ABA oversight.