Request for Comment on DRAFT Proposed Emergency Regulations 26-E-XX Prohibited Adverse Actions Applicable to Individuals Impacted by the 2026 Colorado Floods, 26-E-XX Concerning Prior Authorizations for Durable Medical Equipment and Prescription Refills, 26-E-XX Concerning Establishing a Special Enrollment Period for Enrollment in an Individual Health Benefit Plan, and 26-E-XX

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Request for Comment on DRAFT Proposed Emergency Regulations 26-E-XX Prohibited Adverse Actions Applicable to Individuals Impacted by the 2026 Colorado Floods, 26-E-XX Concerning Prior Authorizations for Durable Medical Equipment and Prescription Refills, and 26-E-XX Concerning Establishing a Special Enrollment Period for Enrollment in an Individual Health Benefit Plan

The Division is seeking comments on the following draft proposed emergency regulations:

The 2026 floods that affected many Colorado counties caused significant losses and damages to Colorado consumers. The Division of Insurance (Division) is aware that property was and may still be inaccessible and unoccupied while roads, bridges, utilities and other infrastructure in Colorado communities was or is being repaired. The purpose of this regulation is to protect affected consumers of the 2026 floods by prohibiting certain adverse actions during the recovery period.

The Division of Insurance finds, pursuant to section 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 of those policyholders impacted by the 2026 floods. Without the protections provided for in this emergency regulation, such policyholders could have their insurance policies cancelled or nonrenewed at their greatest time of need and could face extreme financial duress should their residence be impacted by the 2026 floods. Therefore, compliance with the requirements of section 24-4-103, C.R.S., would be contrary to the public interest.

The purpose of this emergency regulation is to require carriers to provide covered persons impacted by the 2026 floods with access to durable medical equipment and prescription drugs without a requirement for prior authorization.

The 2026 floods that affected many Colorado counties caused significant losses and damages to Colorado consumers. The Division of Insurance (Division) is aware that property was and may still be inaccessible and unoccupied while roads, bridges, utilities and other infrastructure in Colorado communities is being repaired. Survivors of flooding may have experienced and may continue to experience challenges in accessing needed medical equipment and prescription medications. 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 of those individuals impacted by the floods to ensure access to necessary healthcare services. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

The purpose of this regulation is to allow for a special enrollment period (SEP) for persons impacted by the 2026 Colorado floods. The SEP allows impacted persons to enroll in Plan Year 2026 and Plan Year 2027 coverage from November 13, 2026, through February 15, 2027. The 2026 floods that affected many Colorado counties caused significant losses and damages to Colorado consumers. The Division of Insurance (Division) is aware that property was and may still be inaccessible and unoccupied while roads, bridges, utilities and other infrastructure in Colorado communities is being repaired. Survivors of flooding may have experienced and may continue to experience health issues stemming from the flooding. This emergency regulation is necessary to ensure individuals impacted by the flooding have the ability to access health insurance coverage.

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 because allowing individuals to have coverage in light of the flooding in Southwestern Colorado is imperative to preserve the health of the citizens of Colorado. Therefore, compliance with the requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

Please submit your comments on these draft proposed emergency regulations, no later than 5 PM, November 10, 2026, via the following link:

 Submit Comments

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

 DOI Draft Regulations for Comment

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