Colorado Sets Blue-Violet Short-Term Health Rules

News January 31, 2019 at 10:50 PM
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A red ball, a blue-violet ball, and a blue ball

Insurance regulators in Colorado have come up with blue-violet compromise on the rules for short-term health insurance.

The administration of President Donald Trump has been trying to create extra competition for individual major medical plans that comply fully with the Affordable Care Act by making federal short-term health insurance rules much more flexible. One major provision lets states make new short-term health insurances renewable for up to three years.

Some Republican "red" states have been moving toward making their own short-term health insurance rules more flexible.

California responded by banning the sale of short-term health insurance policies.

Colorado — a state with a Democratic governor, one Democratic senator, and one Republican senator — has adopted short-term health insurance regulation changes that lean toward the "blue," Democratic end of the political spectrum but will continue to allow the sale of short-term health insurance policies that are somewhat different from ACA-compliant major medical coverage.

The Colorado Division of Insurance has adopted regulation amendments that keep the state's current six-month duration limit on short-term health insurance.

The revised regulation will also apply many ACA major medical standards to short-term health insurance policies.

Under the rules in the new regulation update, a "short-term, limited duration health benefit plan" must cover the same essential health benefits an ACA-compliant major medical policy must cover. A short-term health insurance policy must, for example, cover prescription drugs, hospitalization, maternity care and newborn care.

The issuer must sell the coverage on a guaranteed-issue basis and cannot use an applicant's personal health information to set rates.

The only factors an issuer can use in pricing are the same factors an issuer could use when pricing major medical coverage, such as age, family size, location and tobacco use.

The issuer would have to spend at least 80% of the premium revenue on health care.

But the issuer would not have to cover preexisting conditions. If, for example, an enrollee had cancer, an issuer could exclude coverage for cancer.

An ACA-compliant individual major medical policy must cover essential health benefits without imposing annual or lifetime benefits limits. Policies other than catastrophic plans are supposed to cover at least about 60% of the actuarial value of any essential health benefits used. Once an insured reaches the ACA-set out-of-pocket spending maximum limit, the plan is supposed to pay 100% of the cost of covered essential health benefits.,

Colorado does not say anything about monthly or annual benefits limits for short-term health insurance policies, and it does not saying anything about actuarial value.

It appears that an issuer could, for example, set a six-month spending limit of $100,000, and exclude coverage for any conditions an enrollee already has, as long as the issuer did cover the ACA essential health benefits, and spent at least 80% of the premium revenue on health care.

Michael Conway, Colorado's insurance commissioner, said in a statement that the regulation update will increase the number of services that short-term health insurance policies cover.

"While short-term plans may not offer the most comprehensive health coverage, people who truly need short-term health insurance won't have to worry about their health conditions raising their premiums," Conway said.

Conway adopted the regulation update Jan. 16.

The update is set to appear in the Colorado Register Feb. 10 and take effect April 1.

Resources

A copy of the regulation update announcement is available here.

At press time, a page with a link to the text of the update is available here.

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