The Division is seeking comments on the following revised draft proposed emergency regulation:
This emergency regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§ 10-1-108(7), 10-1-109, 10-16-109, 10-16-708, C.R.S. Further, this emergency regulation is promulgated pursuant to the Governor’s Executive Order D 2020 003 declaring the presence of COVID-19 in Colorado a disaster emergency and includes any further extensions of that declaration, which was most recently extended with Executive Order D 2021 068 on March 16, 2021. Further, this emergency regulation is promulgated pursuant to the Governor’s Executive Order D 2021 016, directing the Colorado Division of Insurance to Promulgate a Rule Regarding Rates for COVID-19 Vaccine Administration on January 15, 2021 and includes any further extensions of that Order, which was most recently extended with Executive Order D 2021 065 on March 14, 2021.
The purpose of this emergency regulation is to require carriers to provide covered persons with treatment related to COVID-19 and access to COVID-19 vaccines without cost-sharing. This emergency regulation also ensures that out-of-network providers rendering emergency services for emergency medical conditions, including but not limited to COVID-19, are appropriately compensated pursuant to § 10-16-704(5.5), C.R.S., without delay. Further, this emergency regulation sets COVID-19 vaccine reimbursement requirement for all FDA authorized or approved vaccines for COVID-19 throughout the duration of the public health emergency.
This emergency regulation was previously released for external review as DRAFT Proposed Emergency Regulation 21-E-04, which has not been adopted by the Division. This REVISED DRAFT proposed regulation includes a previously proposed update to include reimburse requirements for single-dose vaccines, and has been further updated to amend the vaccine reimbursement requirement for two-dose and single-dose vaccines, in light of the recent changes at the federal level.
The Division is requesting informal comments be submitted to DORA_INS_RulesandRecords@state.co.us no later than 5 PM, March 22, 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.