Request for Comment on DRAFT Proposed Emergency Regulation 21-E-XX Concerning Consumer Notification Requirements for Carriers Regarding Advance Premium Tax Credit Eligibility Under the American Rescue Plan Act of 2021

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

As a result of the passage of the American Rescue Plan Act of 2021 (ARP), Coloradans have expanded and increased eligibility for advance premium tax credits (APTC) when they enroll in health benefit plans through the Exchange. The purpose of this emergency regulation is to establish requirements for carriers to provide written notice to all covered persons currently enrolled in off-Exchange health benefit plans regarding their potential eligibility for APTC due to the ARP.

The Division of Insurance (Division) 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 to replace their off-Exchange health benefit plan with an on-Exchange health benefit plan is imperative to the financial welfare and preservation of 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 DORA_INS_RulesandRecords@state.co.us no later than 5 PM, April 28, 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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