Request for Comment on DRAFT Emergency Regulation 21-E-05 - Concerning Coverage and Cost Sharing Requirements for Commercial Insurance Market Coverage of COVID-19 Claims

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

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 establishing coverage and cost sharing requirements for the testing and treatment of COVID-19 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 replaces Colorado Emergency Regulation 20-E-13, which became effective November 18, 2020, in its entirety.

This regulation applies to all carriers offering individual, small group and large group health benefit plans, student health plans, and managed care plans, including health-savings-account (HSA)-qualified health benefit plans, and grandfathered health benefit plans that are subject to the insurance laws of Colorado. Carriers who are third-party administrators for self-funded plans are strongly encouraged to follow the requirements of this regulation in order to create uniform billing structures during the COVID19 emergency.

The purpose of this regulation is to establish coverage and cost-sharing requirements for commercial insurance carriers related to claims arising from the testing and treatment of COVID-19 and to ensure covered persons have access to prescription drugs during the COVID-19 emergency. This regulation has been updated to include COVID-19 testing coverage requirements for asymptomatic individuals. 

The Division is requesting informal comments be submitted to DORA_INS_RulesandRecords@state.co.us no later than 5 PM, March 17 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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