CO| Colorado Emergency Regulation 26-E-02 (3 CCR 702-4), adopted by the Division of Insurance and effective July 14, 2026, responds to Governor Polis’s June 28–29, 2026 disaster declaration for the Willow, Gold Mountain, and Aspen Acres wildfires (the Aspen Acres Fire alone had burned over 96,000 acres with ~15% containment and damaged or destroyed 260+ homes as of July 8). The regulation requires all carriers offering individual, small group, large group, student health, and managed care plans in Colorado to guarantee affected covered persons immediate access to durable medical equipment and prescription drugs without prior authorization, with third-party administrators of self-funded plans strongly encouraged (but not required) to comply. Noncompliance may trigger civil penalties, cease-and-desist orders, or license suspension/revocation.
Key Points:
- Scope and enforcement: Applies to all Colorado-regulated carriers (TPAs of self-funded plans encouraged to follow for uniform billing); violations may result in civil penalties, cease-and-desist orders, or license suspension/revocation.
- Prior authorization waived: For covered persons residing in or displaced from any 2026 declared wildfire-affected area, carriers must waive prior authorization for replacement of previously authorized durable medical equipment and for prescription drug refills.
- Early refills covered: Carriers must cover at least one additional early refill of all necessary covered prescriptions at the same cost-sharing amount—except for drugs with high abuse potential, such as opioids.