Request for Comment on DRAFT Emergency Regulation 21-E-03 - Concerning Establishing a Special Enrollment Period for Enrollment in an Individual Health Benefit Plan

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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)(a), (7)(b)(III), 10-1-109(1), 10-16-105(2)(b), 10-16-105.7(3)(a)(II)(G), 10-16-105.7(3)(b)(II)(F),10-16-108.5(8), and 10-16-109, 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.

On January 28, 2021, President Biden signed an Executive Order on Strengthening Medicaid and the Affordable Care Act. That Executive Order directs the Secretary of Health and Human Services to consider establishing a special enrollment period (SEP) under the Patient Protection and Affordable Care Act. In light of the COVID-19 public health emergency crisis and to align with the federal SEP directed by the President’s Executive Order, the purpose of this emergency regulation is to allow for a SEP in Colorado that allows enrollment in an individual health benefit plan from February 8, 2021, through May 15, 2021. 

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 not currently enrolled in health benefit plans in Colorado to enroll in a health benefit plan in order to receive coverage in light of the ongoing 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 Division is requesting informal comments be submitted to no later than 5 PM, February 3, 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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