Notice of Adoption of Emergency Regulation 21-E-12 and Emergency Regulation 21-E-13

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

In light of the continued need for access to health insurance coverage in the wake of the COVID-19 public health emergency crisis, and to align with the federal SEP established by HHS, the purpose of this emergency regulation is to allow for an SEP in Colorado for a qualified individual, or his or her dependent, enrolled in Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage or Colorado state continuation coverage, pursuant to § 10-16-108, C.R.S., for which an employer is paying all or part of the premiums, or for which a government entity is providing subsidies, if the employer completely ceases its contributions to the qualified individual’s or dependent’s COBRA continuation coverage or government subsidies completely cease.

The Division of Insurance finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare because allowing individuals who cease to receive employer contributions or government subsidies for COBRA coverage in Colorado to enroll in a health benefit plan in order to receive continued coverage in the wake of the COVID-19 public health emergency is imperative to preserve the health of the citizens of Colorado. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

The purpose of this emergency regulation is to require carriers to provide access to COVID-19 vaccines without cost-sharing during the state’s COVID-19 recovery. This emergency regulation also sets COVID-19 vaccine administration reimbursement requirements.

The Division of Insurance finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare as allowing individuals safe access to COVID-19 vaccines, and ensuring facilities have adequate resources and availability to treat COVID-19 patients is imperative to preserve the health of the citizens of Colorado. 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. 

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