The Division would like to provide notice that the Commissioner has adopted the following new bulletin:
Under § 10-3-903.5(7)(a), Colorado laws that regulate insurance or insurance companies currently do not apply to a multiple employer welfare agreement (MEWA) that meets the
requirements of § 10-3-903.5(7)(c). However, during the 2021 legislative session, the Colorado General Assembly passed Senate Bill 21-063, creating a process that allows a MEWA meeting the requirements outlined in § 10-3-903.5(7)(d), C.R.S., to apply for a waiver, and if granted by the Commissioner, to operate in the state of Colorado. Further, under § 10-3-903.5(7)(d)(IV), C.R.S., a MEWA operating pursuant to § 10-3-903.5(7)(d), C.R.S., is subject to the Division’s full enforcement authority, and the Division may apply any requirement under Title 10 applicable to health insurance carriers to the MEWA as long as the MEWA is operating in Colorado.
The purpose of this bulletin is to clarify the Division's position regarding the application of
Colorado’s laws to MEWAs that are granted a waiver by the Commissioner in accordance with § 10-3-903.5(7)(d), C.R.S.
This bulletin was adopted on April 4, 2022.
This bulletin, and other Division bulletins, can be found on the Division's Colorado Insurance Bulletins website.