Notice of Adoption - Proposed Emergency Regulations 25-E-01 and 25-E-02

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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, 2026.

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 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. The Department of Health and Human Services (“HHS”) released the 2026 Actuarial Value Calculator Methodology, pursuant to 45 C.F.R. § 156.135(g),on October 16, 2024. Carriers are required to use the 2026 Actuarial Value Calculator Methodology for benefit year 2026, pursuant to 45 C.F.R.§ 156.135(a). Carriers must also notify the Division of Insurance by March 1, 2025, whether they have achieved the premium rate reduction requirements for their 2026 standardized plans, pursuant to § 10-16-1306(2), C.R.S. This emergency regulation ensures that carriers have the guidance and instructions to develop and adjust their standardized plans to ensure compliance with state law, including the March 1, 2025, notification deadline under § 10-16-1306(2), C.R.S., and federal law.

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, 2026.

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 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. The Department of Health and Human Services (“HHS”) released the 2026 Actuarial Value Calculator Methodology, pursuant to 45 C.F.R. § 156.135(g), on October 16, 2024. Carriers are required to use the 2026 Actuarial Value Calculator Methodology for benefit year 2026, pursuant to 45 C.F.R.§ 156.135(a). Carriers must also notify the Division of Insurance by March 1, 2025, whether they have achieved the premium rate reduction requirements for their 2026 standardized plans, pursuant to § 10-16-1306(2), C.R.S. This emergency regulation ensures that carriers have the guidance and instructions to develop and adjust their standardized plans to ensure compliance with state law, including the March 1, 2025, notification deadline under § 10-16-1306(2), C.R.S., and federal law.

These emergency regulations are effective on February 14, 2025.

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

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