Request for Comment on DRAFT Emergency Regulation 21-E-02 Concerning Coverage and Reimbursement for COVID-19 Treatment and Vaccines during the COVID-19 Disaster Emergency

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The Division is seeking comments on the following draft emergency regulation:

This emergency regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§ 10-1-108(7), 10-1-109, 10-16-109, 10-16-708, C.R.S., and the Governor’s Executive Order D 2020-003 declaring the presence of COVID-19 in Colorado a disaster emergency and extensions of that declaration, most recently with Executive Order D 2021-022 on January 25, 2021, and the Governor’s Executive Order D 2021-016, Directing the Colorado Division of Insurance to Promulgate a rule regarding rates for COVID-19 Vaccine Administration on January 15, 2021.

COVID-19 vaccines and associated administration costs are intended to be available free of cost to all consumers. In interim final rules effective November, 2, 2020, the Department of Health and Human Services (HHS) requires carriers to reimburse providers with whom they do not have a negotiated rate an amount that is reasonable for qualifying coronavirus preventive services. 45 CFR 147.130(a)(3)(iii). 85 Fed. Reg. 71142, 71202 (Nov. 6, 2020). Qualifying coronavirus preventive services include an immunization and its administration.

The Division is requesting informal comments be submitted to DORA_INS_RulesandRecords@state.co.us no later than 5 PM, February 5, 2021.

This draft revised emergency regulation, as well as other draft bulletins and regulations currently released for informal public comment, can be found on our page for Draft Regulations and Bulletins for Informal Comments

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