The Division would like to provide notice that the Commissioner has adopted the following emergency regulation:
The purpose of this emergency regulation is to implement SB23-284 and ensure carriers offering health benefit plans or pharmacy benefit managers acting on behalf of carriers are providing coverage for contraception in accordance with the Public Health Service Act, as amended by the Affordable Care Act, and clarified in federal guidance from the U.S. Departments of Health and Human Services, Labor, and the Treasury.
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 law 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 interest. On May 30, 2023, SB23-284, Ensure 12-month Contraception Coverage, was signed. This legislation takes effect on the day following the expiration of the ninety-day period after final adjournment of the General Assembly. This emergency regulation implements the new requirements in § 10-16-104.2, C.R.S., to ensure that carriers offering health benefit plans or pharmacy benefit managers acting on behalf of carriers comply with contraceptive coverage requirements in their 2024 health benefit plans.
This emergency regulation is effective August 7, 2023.