Notice of Adoption - New Regulation 5-1-25, Amended Regulations 4-2-11 and 4-2-43, Repeal of Regulation 4-2-74, and Amended Bulletin B-4.100

The Division would like to provide notice that the Commissioner has adopted the following  regulations and bulletin:

• Regulation 5-1-25 Concerning Homeowner Coverage Disclosure Requirements

HB23-1174, enacted in the aftermath of the December 30, 2021, Marshall fire, requires insurers to offer certain percentages of Extended Replacement Cost and Law and Ordinance coverage.  See §10-4-110.8 (6)(a), C.R.S. This regulation sets forth the requirements for notifying policyholders of the availability of those coverages.

• Amended Regulation 4-2-11 Rate Filing Submissions for Limited Benefit Health Insurance Plans, Excess/Stop Loss Insurance, Long-Term Care Insurance, Medicare Supplement Insurance, Sickness and Accident Insurance, Disability Income, Dental, Other Health Benefit Plans

The purpose of this regulation is to ensure that health insurance rates on limited benefit plans, excess/stop loss Insurance, sickness and accident insurance, disability income, and other than health benefit plans, are not excessive, inadequate or unfairly discriminatory, by establishing the requirements for rate filings.

• Amended Regulation 4-2-43 Enrollment Periods Relating to Individual and Group Health Benefit Plans

The purpose of this regulation is to establish rules governing enrollment periods for individual and group health benefit plans in accordance with Article 16 of Title 10 of Colorado Revised Statutes and the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, 124 Stat. 119 (2010), and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010), together referred to as the “Affordable Care Act” (ACA).

• Repeal of Regulation 4-2-74 Concerning Data Reporting Requirements for Carriers' Out-of-Network Reimbursements

This regulation is being repealed as a result of SB24-135. 

These regulations will become effective on July 30, 2024.

• Amended Bulletin B-4.100 Cost-Sharing Reductions for ACA-Compliant Health Benefit Plans

The Patient Protection and Affordable Care Act and the Health Care Education Reconciliation Act of 2010, collectively referred to as the Affordable Care Act (ACA), was passed in 2010. Under the ACA, carriers are required to offer cost-sharing reductions (CSRs) to qualified persons who enroll in an individual silver metal-tier health benefit plan. The federal government ceased funding these CSRs in October 2017. This bulletin was issued in 2018, when the federal government stopped funding the CSRs, and it contained several references to Plan Year 2019. This bulletin was amended to remove references to specific plan years.

This bulletin was issued on June 10, 2024.

Regulations that have been adopted, but are not yet effective can be found on the Division's website via the following link:

DOI Regulations Adopted but not yet Effective 

This bulletin, and other Division bulletins, can be found on the Division's website via the following link:

DOI Colorado Insurance Bulletins

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