Notice of Adoption - Emergency Regulations 23-E-01 Concerning the Colorado Option Standardized Health Benefit Plan and 23-E-02 Concerning the Methodology for Calculating Premium Rate Reductions for Colorado Option

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

The purpose of this emergency regulation is to establish rules for the required Colorado Option standardized bronze, silver, and gold health benefit plans to be offered by all carriers offering individual and small group health benefits plans issued or renewed on or after January 1, 2024.

The purpose of this emergency regulation is to establish rules for the required premium reduction methodology for the Colorado Option standardized bronze, silver and gold health benefits plans to be offered by all carriers offering individual and small group health benefits plans issued or renewed on or after January 1, 2024.

The Division of Insurance finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of these emergency regulations is imperatively necessary to comply with state and federal law, including federal regulation, and 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 December 12, 2022, the Department of Health and Human Services (“HHS”) released the Draft 2024 Actuarial Value Calculator Methodology, pursuant to 45 C.F.R. 156.135(g). Carriers are required to use the 2024 Actuarial Value
Calculator Methodology for benefit year 2024, pursuant to 45 C.F.R.156.135(a). Carriers must also notify the Division of Insurance by March 1, 2023, whether they have achieved the premium rate reduction requirements for their 2024 standardized plans, pursuant to § 10-16-1306(2)(b), C.R.S. These emergency regulations implement the Draft 2024 Actuarial Value Calculator Methodology developed by HHS in order for carriers to develop and adjust their standardized plans to ensure compliance with state law, including the March 1, 2023, notification deadline under § 10-16-1306(2)(b), C.R.S., and federal law.

These emergency regulations are effective February 15, 2023.

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

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