Request for Comment on DRAFT Proposed Emergency Regulation 21-E-XX - 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 proposed 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 2021-068 on March 16, 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 the U.S. Department of Health and Human Services (HHS) to consider establishing a special enrollment period (SEP) under the Patient Protection and Affordable Care Act. On January 28, 2021, HHS through the Centers for Medicare & Medicaid Services (CMS), announced a SEP for individuals and families for Marketplace coverage in response to the COVID-19 Public Health Emergency. On March 23, 2021, President Biden announced that the SEP for states using the platform would be extended until August 15, 2021. 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, until August 15, 2021 to align with the federal SEP directed by the President’s Executive Order.

The Division is requesting informal comments be submitted to no later than 5 PM, April 13, 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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