CO| Colorado Emergency Regulation 26-E-03 issued by Colorado’s Division of Insurance, effective July 14, 2026, to create a wildfire-related Special Enrollment Period (SEP) for individual health benefit plans. Promulgated under the Commissioner’s statutory authority and Governor Polis’s June 28–30, 2026 disaster declarations for the Willow, Gold Mountain, and Aspen Acres Fires, the regulation responds to the destruction and health hazards (smoke, soot, ash) caused by these fires—including the Aspen Acres Fire, which had burned over 96,000 acres at ~15% containment and damaged or destroyed more than 260 homes as of early July. The Division found immediate adoption imperatively necessary to preserve public health, and the rule applies to all carriers offering ACA-compliant individual health benefit plans in the state.
Key Points:
- Enrollment window & coverage: Carriers must offer a SEP running July 14, 2026 through September 12, 2026, with coverage effective on the first day of the month following plan selection, for individuals impacted by any 2026 declared wildfire emergency.
- Eligibility & simplified verification: The SEP is limited to individuals not currently enrolled in any individual, group, or ACA-compliant plan; eligibility is based on verbal attestation only—no written documentation is required (and even verbal attestation may be waived), and the standard verification rules of Regulation 4-2-43 do not apply.
- Scope limits & enforcement: It covers only new coverage (not plan/carrier changes absent a separate triggering event); noncompliance may trigger civil penalties, cease-and-desist orders, and license suspension or revocation, subject to due process.