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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2021-00089


CCR details

Tracking Number 2021-00089
Type of Filing Emergency
Department 700 Department of Regulatory Agencies
Agency 702 Division of Insurance
CCR Number 3 CCR 702-4 Series 4-2
CCR Title LIFE, ACCIDENT AND HEALTH

Proposed rule

Rule
Additional Information
Statutory Authority §§ 10-1-108(7), 10-1-109, 10-16-109, 10-16-1205(1)(a)(I), and 10-16-1207(5), C.R.S.
Purpose/Objective of Rule The purpose of this emergency regulation is to establish the process by which the Health Insurance Affordability Enterprise will assess and collect the Health Insurance Affordability Fee annually from carriers, pursuant to § 10-16-1205(1)(a)(I), C.R.S. 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 to ensure that the Health Insurance Affordability Fee is calculated, assessed, and collected on a timeline that allows the Health Insurance Affordability Enterprise to implement affordable health coverage options for Colorado consumers during the 2022 benefit year. The Division of Insurance also finds, pursuant to § 24-4-103(6)(a), C.R.S., that requiring reporting of the fee amount to the Division of Insurance by March 1, 2021 is necessary to calculate and implement the allocation of funds required by § 10-16-1205(2)(b), C.R.S. On January 22, 2021, pursuant to § 10-16-1207(4)(c)(I), C.R.S., the Health Insurance Affordability Board recommended “for approval and establishment by the commissioner by rule . . . [t]he timing and methodology for assessing and collecting the fee and special assessment” articulated in this rule. As required by § 10 16 1207(5), C.R.S., the Commissioner of Insurance considered this recommendation before adopting this regulation. Therefore, compliance with the requirements of § 24 4-103, C.R.S., would be contrary to the public interest.
Comments 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 to ensure that the Health Insurance Affordability Fee is calculated, assessed, and collected on a timeline that allows the Health Insurance Affordability Enterprise to implement affordable health coverage options for Colorado consumers during the 2022 benefit year.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Christine Gonzales-Ferrer
Contact Title Compliance Specialist
Contact Telephone 303-894-2157
Contact email christine.gonzales-ferrer@state.co.us

Adopted rule

Adopted Rules AdoptedRules02021-00089.doc
Emergency Justification EmergencyJustificationPathAttach2021-00089.doc
Adopted Date 02/05/2021
Emergency AGO requested date 02/05/2021
Attorney General Opinion 02/23/2021
Colorado Register publication date 03/10/2021
Effective Date 02/05/2021
Inserted into CCR 03/01/2021
  
  
  
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