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Code of Colorado Regulations eDocket
Details of Tracking Number
2021-00303
CCR details
| Tracking Number |
2021-00303 |
| 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, Series 4-2 Accident and Health (General) |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
§§10-1-109, 10-16-105.7(3)(c), 10-16-108.5(8), and 10-16-109, C.R.S. |
| Purpose/Objective of Rule |
As a result of the passage of the American Rescue Plan Act of 2021, H.R. 1319 signed into law on March 11, 2021 (ARP), Coloradans have expanded and increased eligibility for premium tax credits (PTC) in 2021 and 2022 when they enroll in health benefit plans through the Colorado health benefit exchange. 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 and CMS announced that the SEP for states using the Healthcare.gov platform would be extended until August 15, 2021. The Division of Insurance (Division) subsequently extended its SEP until August 15, 2021 to be consistent with the federal SEP. 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 PTC due to the ARP with sufficient time to allow covered persons the opportunity to enroll during Colorado’s extended SEP. |
| Comments |
The Division finds, pursuant to § 24-4-103(6)(a), C.R.S., that immediate adoption of this regulation is imperatively necessary to comply with federal law and for the preservation of public health, safety, or welfare because notifying and allowing individuals to replace their off-Exchange health benefit plan with an on-Exchange health benefit plan provides access to the increased PTC for 2021 available because of the ARP and increases individuals’ access to insurance coverage and/or affordable health care and is imperative to the financial welfare and preservation of the health of the citizens of Colorado during the ongoing COVID-19 public health emergency. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Contact Name |
Christine Gonzales-Ferrer |
| Contact Title |
Compliance Specialist |
| Contact Telephone |
303-894-2157 |
| Contact email |
christine.gonzales-ferrer@state.co.us |
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Adopted rule
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