11/09/2021
Dear CCRM Colorado Patients,
We know many of our patients have been anxiously waiting for the Colorado fertility access mandate (a.k.a. Colorado Building Families Act) to go into effect but disappointingly, the Act has stalled and it will not go into effect on January 1, 2022 as intended.
Part of the Act involved language that prevented the law from going into effect since it would trigger an Affordable Care Act (ACA) provision that could require the state to defray the cost of an increase in premiums caused as a result of the Act. The Federal Government’s Department of Health and Human Services (“HHS”), under the prior Federal Government Administration, determined that defrayal could apply as a result of the Act in the individual and small markets. This determination was initially believed to only prevent that Act from going into effect in those markets, but to still allow the Act to go into effect for insurance plans under the large group (over 100 employees) market.
Recently, the Colorado Department of Insurance was informed by the Colorado Attorney General’s office that they did not believe the current language of the Act gave the Department of Insurance authority to implement the Act in the large group market. Essentially, the defrayal determination prevents the Act from going into effect at all, for any insurance market in Colorado.
The good news is that Rep. Kerry Tipper plans to introduce a fix-it bill at the beginning of the 2022 legislative session to clearly carve out the large group market from the defrayal disqualification and allow the Act to go into effect at least for that market. The Governor’s office and the Division of Insurance are supportive of this proposed fix.
If the bill passes quickly, it could affect those plans with a July 1 initiation/renewal date and start July 1, 2022. For those plans on the calendar-year renewal, it could go into effect as early as January 1, 2023.
While this is disappointing, we will continue to support Rep. Tipper in her efforts to ensure Coloradans have expanded fertility health benefits. We will also continue to keep our patients informed on this topic as more information becomes available.
For further information about the current status of the Colorado Building Families Act, please visit the Colorado Fertility Advocates website: coloradofertilityadvocates.org
Sincerely,
CCRM Fertility Colorado
Rep. Kerry Tipper plans to introduce a fix-it bill at the beginning of the 2022 legislative session.