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Colorado AG Finds HPF Enterprise Constitutional

Colorado’s Attorney General (AG) Cynthia Coffman released a formal legal opinion on the constitutionality of changing the current Hospital Provider Fee (HPF) into a government-owned enterprise and affirms that an HPF enterprise would legally qualify under Colorado’s constitution. Importantly, it also removes the provider fee revenue from the state’s TABOR calculation, which will allow the legislature to focus on funding critical issues such as transportation, education and health care. It is widely agreed that the HPF should have been made an enterprise in 2009 when it was first created, and the legislature can and should take action to fix that mistake. 

CHA thanks Attorney General Coffman for her considered analysis and opinion on this important matter. The HPF enterprise is a win-win for taxpayers, communities and the patients for whom Colorado hospitals provide care, and it is supported by a broad, statewide coalition of business organizations and other advocates.