Request for Comment on DRAFT Proposed Emergency Regulation 22-E-02 Concerning Prior Authorizations for Durable Medical Equipment and Prescription Drugs

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

The purpose of this emergency regulation is to require carriers to provide covered persons impacted by the Marshall and Middle Fork fires with access to durable medical equipment (DME) and prescription drugs without a requirement for prior authorization.

On December 30, 2021, the Marshall and Middle Fork Fires - the most devastating fires in Colorado history - damaged or destroyed more than 1,000 residential and commercial structures. This emergency regulation is necessary to provide protections to covered persons impacted by the Marshall and Middle Fork fires and to provide immediate access to durable medical equipment and prescription drugs without a requirement for prior authorization.

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 of those individuals impacted by the fires to ensure access to necessary healthcare services. 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 12 PM, January 7, 2022.

This draft regulation, as well as other draft 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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