(e) Seek, accept, and expend gifts, grants, or donations from private or public sources that the enterprise may use for any of the purposes set forth in section 10-16-1205, to cover the costs of ensuring compliance in the individual market with the federal Hyde amendment or a similar amendment, and to cover the costs of ensuring that Coloradans have access to legally protected health-care activities, as defined in section 12-30-121 (1)(d). The enterprise shall consider the feasibility of allocating gifts, grants, or donations received from specific localities or directed to specific localities to be used only in those localities.
(4.5) Prior to making any final recommendation pursuant to subsection (4) of this section regarding plans, coverage, and the number of eligible slots, the board shall seek input and recommendations from individuals directly affected by programs funded by the enterprise and shall discuss any input and recommendations received at a board meeting held in accordance with subsection
(6) of this section. The board shall provide opportunities for individuals to provide input and recommendations in English and Spanish.
(5) The commissioner shall adopt rules necessary for the administration and implementation of this part 12. In adopting the rules, the commissioner shall consider the recommendations of the board and shall express in writing the reasons for any deviation from the board recommendations.
(6) Meetings of the board are subject to the open meetings provisions of the Colorado Sunshine Act of 1972, contained in part 4 of article 6 of title 24. Except as otherwise provided in the Colorado Open Records Act, part 2 of article 72 of title 24, or other applicable state or federal law, records of the board and the program are subject to the Colorado Open Records Act.
(7) (a) By February 15, 2026, and by every February 15 thereafter, the board shall prepare a report detailing:
(I) The total revenue received by the enterprise in the previous calendar year;
(II) The share of the total revenue that was received from federal funds;
(III) The share of the total revenue that was received from the fee;
(IV) If any additional amount of the total revenue was received from any sources other than the federal government or the fee, the specific source of those revenues and the specific amount of revenues for each source;
(V) Each specific program that received funding from the enterprise;
(VI) Of the total allocation for each program:
(A) The share of the total allocation that was from federal funding; and
(B) The share of the total allocation that was from state funding and the source of that state funding;
(VII) For the reinsurance program, the amount of the actual allocation of state money to the reinsurance program;
(VIII) If less than the maximum allowable allocation of state money in the fund was allocated to the reinsurance program, an explanation of why the reinsurance program was not fully funded;
(IX) For any allocation that was made at the discretion of the board or commissioner and not defined expressly in statute, an explanation of the allocations, the amount of each allocation, the rationale for the amounts, and the goals intended to be achieved as a result of each allocation; and
(X) The amount of surplus in the fund, if any, and an explanation of why the surplus was not allocated to enterprise programs.
(b) By February 28, 2026, and by each February 28 thereafter:
(I) The board shall submit the report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, and the joint budget committee; and
(II) The division shall post the report on the division's public-facing website in an easily accessible location and manner.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report specified in this subsection (7) continues indefinitely.