Notice of Adoption - Emergency Regulation 25-E-05 Carrier Renewal Notices of Health Benefit Plans for the 2026 Plan Year

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

The purpose of this emergency regulation is to establish timelines for carriers to notify enrollees of health benefit plan renewals for the 2026 plan year.

The Division of Insurance finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this emergency regulation is imperatively necessary to comply with state or federal law or for the preservation of public health, safety, or welfare and compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interests.

On August 22, 2025, the federal district court for the District of Maryland issued an order in City of Columbus v. Kennedy, No. 25-cv-2114-BAH (D. Md. Aug. 22, 2025) staying the implementation of certain provisions of the recently promulgated Marketplace Integrity and Affordability Final Rule, 90 Fed. Reg. 27,074 (June 25, 2025). On August 28, 2025, Governor Polis signed into law House Bill 25B-1006, which will provide additional funding for the Health Insurance Affordability Enterprise programs. Due to these recent activities, carriers will have the option of re-filing rates for their individual market health benefit plans by September 16, 2025.

As a result, this regulation is being adopted to allow carriers additional time to notify enrollees of health benefit plan renewals for the 2026 plan year.

This emergency regulation is effective on September 22, 2025.

This emergency regulation, as well as other emergency regulations, can be found on the Division's website.

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