Amended regulation 4-2-78 becomes effective on Nov. 30, 2025.
On Jun. 24, COL INS issued draft on health insurance affordability.
COL INS proposed draft amended Regulation 4-2-78 for comments re health insurance affordability enterprise on-exchange subsidies and enhanced premium subsidies.
Amending Regulation 4-2-78 at the recommendation of Health Insurance Affordability Board and federal enhanced premium tax credits expiring after benefit year 2025.
Applies to carriers issuing non-grandfathered individual health benefits from 2026.
For the 2026 benefit year, if Congress does not pass legislation extending the federal enhanced premium tax credits, carriers will provide the subsidy to all eligible enrollees.
Added instructions to calculate payments to carriers if enhanced premium subsidies are implemented for the 2026 benefit year, based on enrollment and subsidy structure.
If Congress, by Sep. 15, 2025 extends the tax credits, carriers will offer a cost sharing reduction enhancement subsidy to eligible enrollees in silver metal level benefit plans.
Additionally, funds used to pay for the enhanced premium subsidy for the 2026 benefit year will be State funds from the Colorado Health Insurance Affordability Enterprise.
Request for Comments
Comments on proposed changes must be submitted no later than Jun. 30, 2025.
Jul. 10, 2025 COL INS Register
On Jul. 10, 2025, COL INS published proposed rulemaking in the State register.
Jul. 16, 2025 COL INS Hearing
On Jul. 16, 2025, COL INS published notice of virtual hearing on Regulation 4-2-78, re-scheduled for Aug. 25, 2025; written comments to be submitted by Aug. 28, 2025.
Aug. 2025 COL INS Hearing Rescheduled
On Aug. 11, 2025, COL INS reported that the hearing will be rescheduled to Sep. 8.
Written comments to be submitted by 5 pm on Sep. 11, 2025, for consideration.
