(1) All carriers authorized by the commissioner to conduct business in Colorado shall submit an annual report to the commissioner listing any policy form, endorsement, or rider for any sickness, accident, nonprofit hospital and health service corporation, health maintenance organization, or other health insurance policy, contract, certificate, or other evidence of coverage issued or delivered to any policyholder, certificate holder, enrollee, subscriber, or member in Colorado. Each carrier shall submit the annual report by December 31 of each year and shall include in the report a certification by an officer of the carrier that, to the best of the carrier's good-faith knowledge and belief, each policy form, endorsement, or rider in use complies with Colorado law. The commissioner shall determine the necessary elements of the certification.
All carriers authorized by the commissioner to conduct business in Colorado shallalso submit to the commissioner a list of any new policy form, application, endorsement, or rider at least thirty-one days before using the policy form, application, endorsement, or rider for any health coverage. The carrier shall include in the listing a certification by an officer of the carrier that each new policy form, application, endorsement, or rider proposed to be used complies, to the best of the carrier's good-faith knowledge and belief, with Colorado law. The commissioner shall determine the necessary elements of the certification. A carrier shall not deliver or issue a new policy form, application, endorsement, or rider until the carrier files the listing and certification required by this subsection (2).
The commissioner shall promulgate rules, as needed, setting forth the standards forpolicy forms, endorsements, and riders marketed in Colorado.
The commissioner may examine and investigate carriers authorized to conduct business in Colorado to determine whether policy forms, endorsements, and riders comply with the certification of the carrier and statutory mandates.
Source: L. 92: Entire section added, p. 1745, § 5, effective June 2. L. 2005: (2) amended, p. 741, § 1, effective January 1, 2006. L. 2006: (2)(b)(I) amended, p. 1077, § 5, effective January 1, 2007. L. 2010: (2)(c) added, (HB 10-1242), ch. 222, p. 966, § 1, effective August 11. L. 2013: Entire section amended, (HB 13-1266), ch. 217, p. 950, § 13, effective May 13.
Editor's note: (1) Although the effective date for the repeal and reenactment of this article was July 1, 1992, this section was added, effective June 2, 1992.
(2) The former subsection (2)(b) was relocated to § 10-16-107.5 in 2013.
Cross references: For the legislative declaration contained in the 2006 act amending subsection (2)(b)(I), see section 1 of chapter 236, Session Laws of Colorado 2006.