Request for Comment on DRAFT Proposed Emergency Regulation 23-E-XX Contraceptive Benefit Requirements for Health Benefit Plans

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Request for Comment on DRAFT Proposed Emergency Regulation 23-E-XX Contraceptive Benefit Requirements for Health Benefit Plans

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

The purpose of this emergency regulation is to implement SB23-284 and ensure health benefit plans are providing coverage for contraception in accordance with the Public Health Service Act, as amended by the Affordable Care Act, and clarified in federal guidance from the U.S. Departments of Health and Human Services, Labor, and the Treasury.

The Division of Insurance finds, pursuant to § 24-4-103(6)(a), C.R.S, that immediate adoption of this emergency regulation is imperatively necessary to comply with state law and for the preservation of public health, safety, or welfare and compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest. On May 30, 2023, SB23-284, Ensure 12-month Contraception Coverage, was signed. This legislation takes effect on the day following the expiration of the ninety-day period after final adjournment of the General Assembly. This emergency regulation implements the new requirements in § 10-16-104.2, C.R.S., to ensure that carriers offering health benefit plans or pharmacy benefit managers acting on behalf of carriers comply with contraceptive coverage requirements in their 2024 plans.

The Division is requesting informal comments be submitted no later than 5 PM, July 26, 2023, to DORA_INS_RulesandRecords@state.co.us.

This proposed draft regulation, as well as other draft regulations, currently released for informal public comment, can be found on the Division's website via the button below:

DRAFT Regulations for Informal Public Comment

 

Other Division emergency regulations, regulations, and bulletins currently in effect can be found via the following link:

Insurance Statutes, Regulations & Bulletins

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