The Division would like to provide notice that the Commissioner is withdrawing the following draft proposed new regulation:
During the 2020 legislative session, the Colorado General Assembly passed HB 20-1158 (Insurance Cover Infertility Diagnosis Treatment Preserve). Under 10-16-104(23) C.R.S, individual and group health benefit plans are required to provide coverage for the diagnosis and treatment for infertility and for standard preservation services. The legislation also required the Division to seek input from the U.S. Department of Health and Human Services (HHS) as to whether the coverage would be considered a new mandate for individual and small group plans subject to state defrayal requirements under the Affordable Care Act. If it did not require defrayal, then the requirements would be implemented in the individual and small group market.
Based on feedback received from HHS, the Division released proposed new Regulation 4-2-79, Concerning Infertility Coverage by Health Benefit Plans, for external review and comment on July 27th, clarifying that the requirements would apply to carriers offering health benefit plans in the large group market for plans issued on or after January 1, 2022, in order to meet the legislative intent of the law, but that the requirement would not apply to individual and small group plans in 2022. The Division held a public hearing on this proposed new regulation on Tuesday, October 5, 2021.
Based upon consideration of public comments received during this process and concerns raised about the legal authority of the Division to implement the law in the large group market, the Division is withdrawing draft proposed new Regulation 4-2-79, Concerning Infertility Coverage by Health Benefit Plans, at this time.
Division bulletins and regulations can be found at Statutes, Regulations & Bulletins.