Yes, Colorado’s hospital fee plan is legal
Colorado legislature should reclassify hospital provider fee
Democrats who had accused Republican Attorney General Cynthia Coffman of undue partisanship might have to rethink their thesis after her announcement last week that it is perfectly legal to adopt a budget manuever the governor has proposed and GOP lawmakers have denounced as a violation of the Taxpayer’s Bill of Rights.
Not so fast, Coffman said in effect to doubting lawmakers. Based on the language of the constitution and various court rulings, the state could indeed legally reclassify the hospital provider fee to free up $200 million in additional spending under TABOR, her legal analysis concluded.
“The debate over whether to create a hospital provider fee enterprise can now shift back to the General Assembly,” she added.
Unfortunately, leading Republicans in the assembly are still raising dubious legal objections to the plan.