Notice of Adoption of Emergency Regulation 21-E-09 - Concerning Consumer Notification Requirements for Carriers Regarding Premium Tax Credit Eligibility under the American Rescue Plan Act of 2021

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The Division would like to notify interested stakeholders that the Commissioner of Insurance has adopted the following emergency regulation:

The purpose of this emergency regulation is to establish requirements for carriers to provide written notice to all covered persons currently enrolled in off-Exchange health benefit plans regarding their potential eligibility for premium tax credits (PTC) due to the American Rescue Plan Act of 2021 (ARP) with sufficient time to allow covered persons the opportunity to enroll during Colorado’s extended special enrollment period (SEP).

The Division finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary to comply with federal law and for the preservation of public health, safety, or welfare because notifying and allowing individuals to replace their off-Exchange health benefit plan with an on-Exchange health benefit plan provides access to the increased PTC for 2021 available because of the ARP and increases individuals’ access to insurance coverage and/or affordable health care and is imperative to the financial welfare and preservation of the health of the citizens of Colorado during the ongoing COVID-19 public health emergency. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

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

Find additional information on insurance and the COVID-19 public health emergency on the COVID-19 & Insurance page. This emergency regulation can be found under the health insurance tab.