Notice of Adoption - Emergency Regulation 22-E-20 Health-Care Sharing Plan or Arrangement Required Reporting

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The Division would like to provide notice that the Commissioner has adopted the following emergency regulation:

The purpose of this regulation is to establish the data reporting requirements applicable to all health care sharing plans or arrangements offering or that intend to offer plans or arrangements to facilitate payment or reimbursement of health-care costs or services for residents of this state. 

The Division of Insurance finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary to comply with state law and for the preservation of public health, safety or welfare to allow reporting parties sufficient time to implement and comply with the reporting requirements required by House Bill 22-1269 (HB22-1269), now codified at § 10-16-107.4, C.R.S. HB22-1269 was signed by the Governor on June 8, 2022; the law requires all health care sharing plans or arrangements offering or that intend to offer plans or arrangements to facilitate payment or reimbursement of health-care costs or services for residents of this state to provide the Division with the data reporting identified by the law by October 1, 2022 and by March 1 of each year thereafter. Based on the degree of stakeholder engagement the Division has delayed the October 1, 2022 deadline to December 15, 2022. The Division is concerned about providing sufficient time for reporting parties to develop and report the data required by the law. Therefore, because the Division must allow reporting parties adequate time to implement their data reporting systems, as well as meet all required deadlines, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

This emergency regulation is effective November 21, 2022.

This emergency regulation, and other Division emergency regulations, can be found on the Division's Emergency Insurance Regulations website.

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