Colorado 2023 Regular Session

Colorado Senate Bill SB179 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0471.01 Kristen Forrestal x4217
18 SENATE BILL 23-179
2-BY SENATOR(S) Moreno and Will, Buckner, Coleman, Cutter, Exum,
3-Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Marchman, Mullica, Priola;
4-also REPRESENTATIVE(S) Hartsook and Daugherty, Amabile, Bird,
5-Boesenecker, Brown, deGruy Kennedy, Dickson, Gonzales-Gutierrez,
6-Hamrick, Jodeh, Lindsay, Marshall, Michaelson Jenet, Ricks, Weissman,
7-Willford, Young, McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Public & Behavioral Health & Human Services
11+Appropriations Appropriations
12+A BILL FOR AN ACT
813 C
9-ONCERNING INSURANCE CARRIER REQUIREMENTS FOR HEALTH COVERAGE
10-PLANS
11-, AND, IN CONNECTION THEREWITH , MAKING AN
12-APPROPRIATION
13-.
14+ONCERNING INSURANCE CARRIER REQUIREMENTS FOR HEALTH101
15+COVERAGE PLANS, AND, IN CONNECTION THEREWITH , MAKING
16+102
17+AN APPROPRIATION.103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill requires a health insurance carrier (carrier) that issues,
26+sells, renews, or offers a dental coverage plan to file, beginning in 2024,
27+dental loss ratio forms with the division of insurance (division) for the
28+preceding calendar year in which dental coverage was provided.
29+The division is required to post dental loss ratio information on its
30+HOUSE
31+3rd Reading Unamended
32+May 6, 2023
33+HOUSE
34+2nd Reading Unamended
35+May 3, 2023
36+SENATE
37+3rd Reading Unamended
38+April 14, 2023
39+SENATE
40+Amended 2nd Reading
41+April 13, 2023
42+SENATE SPONSORSHIP
43+Moreno and Will, Buckner, Coleman, Cutter, Exum, Gonzales, Hansen, Hinrichsen,
44+Jaquez Lewis, Marchman, Mullica, Priola
45+HOUSE SPONSORSHIP
46+Hartsook and Daugherty, Amabile, Bird, Boesenecker, Brown, deGruy Kennedy,
47+Dickson, Gonzales-Gutierrez, Hamrick, Jodeh, Lindsay, Marshall, McCluskie, Michaelson
48+Jenet, Ricks, Weissman, Willford, Young
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. website or submit the information to the administrator of the all-payer
52+health claims database (APCD). If the information is submitted to the
53+APCD administrator, the administrator is directed to make the
54+information available to the public.
55+Once the division has collected dental loss ratio information for 2
56+years, the commissioner of insurance (commissioner) shall promulgate
57+rules that create a process to identify any carriers that significantly deviate
58+from average dental loss ratios and to investigate the causes of the
59+deviation.
60+Current law requires the commissioner to adopt rules requiring
61+every carrier providing a health benefit plan to issue to covered persons
62+to whom an identification card is issued a standardized, printed card
63+containing plan information. The bill amends this requirement to
64+encompass health coverage plans.
65+The bill also requires prepaid dental plans to file rates with the
66+division.
67+Be it enacted by the General Assembly of the State of Colorado:1
68+SECTION 1. Legislative declaration. (1) The general assembly2
69+finds and declares that:3
70+(a) Access to quality dental care is an essential component of4
71+every Coloradan's health and well-being, as untreated dental issues5
72+contribute to a number of serious medical conditions, including chronic6
73+obstructive pulmonary disease, heart disease, stroke, and preterm labor or7
74+premature birth, all of which drastically increase costs to individuals and8
75+to the state;9
76+(b) Meaningful insurance coverage is one of the most important10
77+factors behind patients utilizing dental care services;11
1478
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. Legislative declaration. (1) The general assembly
17-finds and declares that:
18-(a) Access to quality dental care is an essential component of every
19-Coloradan's health and well-being, as untreated dental issues contribute to
20-a number of serious medical conditions, including chronic obstructive
21-pulmonary disease, heart disease, stroke, and preterm labor or premature
22-birth, all of which drastically increase costs to individuals and to the state;
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (b) Meaningful insurance coverage is one of the most important
31-factors behind patients utilizing dental care services;
32-(c) Greater transparency on how premium dollars are spent by health
33-insurance carriers provides accountability for insurance plans and ensures
34-that patients get the most value for premiums paid;
35-(d) Patients should have visibility regarding how many of their
36-insurance premium dollars pay for health-care and dental services as
37-opposed to administrative, marketing, and operational costs;
38-(e) Medical loss ratio standards have been in place for health
39-insurance for more than 10 years;
40-(f) Dental plans in this state are not required to have equivalent
41-transparency and disclosure standards, known as dental loss ratios, in place;
42-(g) When patients and employers are comparing dental plans for
43-purchase, they should have access to information that shows how much
44-coverage is actually provided relative to what they pay in premiums for the
45-coverage;
46-(h) Bringing transparency to how much care the premiums are
47-actually paying for is an important step to drive efficiencies in care and
48-ensure value in patients' dental benefits; and
49-(i) As Colorado has long been a leader in policies that increase
50-transparency, value, accountability, and access to health care for consumers,
51-Colorado should continue to lead and provide protections for consumers in
52-accessing dental care coverage.
53-(2) In order to ensure dental care is accessible for all Coloradans, it
54-is critical that Colorado establish transparency and accountability for dental
55-plans.
56-SECTION 2. In Colorado Revised Statutes, 10-16-107, amend
57-(1)(a), (1)(f), (2)(a)(I) introductory portion, and (2)(b) as follows:
58-10-16-107. Rate filing regulation - benefits ratio - rules. (1) (a) A
59-carrier subject to part 2, 3, or
60- 4, OR 5 of this article ARTICLE 16 shall not
61-PAGE 2-SENATE BILL 23-179 establish rates for any sickness, accident, or health insurance policy,
62-contract, certificate, or other evidence of coverage
63-OR DENTAL COVERAGE
64-PLAN
65-, AS DEFINED IN SECTION 10-16-165 (1)(a), issued or delivered to any
66-policyholder, enrollee, subscriber, or member in Colorado that are
67-excessive, inadequate, or unfairly discriminatory. To assure compliance
68-with the requirements of this section that rates are not excessive in relation
69-to benefits, the commissioner shall promulgate rules to require rate filings
70-and, as part of the rules, may require the submission of adequate
71-documentation and supporting information, including actuarial opinions or
72-certifications and set expected benefits ratios. The carrier shall submit
73-expected rate increases to the commissioner at least sixty days prior to the
74-proposed implementation of the rates. If the commissioner does not approve
75-or disapprove the rate filings within a sixty-day period, the carrier may
76-implement and reasonably rely upon the rates on the condition that the
77-commissioner may require correction of any deficiencies in the rate filing
78-upon later review if the rate the carrier charged is excessive, inadequate, or
79-unfairly discriminatory. A prospective rate adjustment is the sole remedy for
80-rate deficiencies pursuant to this subsection (1). If the commissioner finds
81-deficiencies in the rate filing after a sixty-day period, the commissioner
82-shall provide notice to the carrier, and the carrier shall correct the rate on a
83-prospective basis.
84-(f) Carriers shall file rate filings for insurance regulated under parts
85-1 to 4
86- 5 of this article ARTICLE 16 electronically in a format made available
87-by the division, unless exempted by rule for an emergency situation as
88-determined by the commissioner. The division shall post on its website a
89-rate filing summary for insurance regulated under parts 1 to 4
90- 5 of this
91-article ARTICLE 16 in order to provide notice to the public.
92-(2) (a) (I) Rates for an individual health coverage plan issued or
93-delivered to any policyholder, enrollee, subscriber, or member in Colorado
94-by an insurer subject to part 2 of this article 16 or an entity subject to part
95-3, or
96- 4, OR 5 of this article 16 shall not be excessive, inadequate, or unfairly
97-discriminatory to assure compliance with the requirements of this section
98-that rates are not excessive in relation to benefits. Rates are excessive if
99-they are likely to produce a long run profit that is unreasonably high for the
100-insurance provided or if expenses are unreasonably high in relation to
101-services rendered. In determining if rates are excessive, the commissioner
102-may consider:
103-PAGE 3-SENATE BILL 23-179 (b) Notwithstanding any other provision of this article ARTICLE 16,
104-a carrier subject to part 2, 3, or 4, OR 5 of this article ARTICLE 16 shall not
105-vary the premium rate for an individual health coverage plan due to the
106-gender of the individual policyholder, enrollee, subscriber, or member. Any
107-premium rate based on the gender of the individual policyholder, enrollee,
108-subscriber, or member is unfairly discriminatory and is not allowed.
109-SECTION 3. In Colorado Revised Statutes, add 10-16-165 as
110-follows:
111-10-16-165. Dental coverage plans - dental loss ratio - rules -
79+12
80+(c) Greater transparency on how premium dollars are spent by13
81+health insurance carriers provides accountability for insurance plans and14
82+ensures that patients get the most value for premiums paid;15
83+(d) Patients should have visibility regarding how many of their16
84+179-2- insurance premium dollars pay for health-care and dental services as1
85+opposed to administrative, marketing, and operational costs;2
86+(e) Medical loss ratio standards have been in place for health3
87+insurance for more than 10 years;4
88+(f) Dental plans in this state are not required to have equivalent5
89+transparency and disclosure standards, known as dental loss ratios, in6
90+place;7
91+ 8
92+(g) When patients and employers are comparing dental plans for9
93+purchase, they should have access to information that shows how much10
94+coverage is actually provided relative to what they pay in premiums for11
95+the coverage;12
96+(h) Bringing transparency to how much care the premiums are13
97+actually paying for is an important step to drive efficiencies in care and14
98+ensure value in patients' dental benefits; and15
99+(i) As Colorado has long been a leader in policies that increase16
100+transparency, value, accountability, and access to health care for17
101+consumers, Colorado should continue to lead and provide protections for18
102+consumers in accessing dental care coverage.19
103+(2) In order to ensure dental care is accessible for all Coloradans,20
104+it is critical that Colorado establish transparency and accountability for21
105+dental plans.22
106+SECTION 2. In Colorado Revised Statutes, 10-16-107, amend23
107+(1)(a), (1)(f), (2)(a)(I) introductory portion, and (2)(b), as follows:24
108+10-16-107. Rate filing regulation - benefits ratio - rules.25
109+(1) (a) A carrier subject to part 2, 3, or 4, OR 5 of this article ARTICLE 1626
110+shall not establish rates for any sickness, accident, or health insurance27
111+179
112+-3- policy, contract, certificate, or other evidence of coverage OR DENTAL1
113+COVERAGE PLAN, AS DEFINED IN SECTION 10-16-158 (1)(a), issued or2
114+delivered to any policyholder, enrollee, subscriber, or member in3
115+Colorado that are excessive, inadequate, or unfairly discriminatory. To4
116+assure compliance with the requirements of this section that rates are not5
117+excessive in relation to benefits, the commissioner shall promulgate rules6
118+to require rate filings and, as part of the rules, may require the submission7
119+of adequate documentation and supporting information, including8
120+actuarial opinions or certifications and set expected benefits ratios. The9
121+carrier shall submit expected rate increases to the commissioner at least10
122+sixty days prior to the proposed implementation of the rates. If the11
123+commissioner does not approve or disapprove the rate filings within a12
124+sixty-day period, the carrier may implement and reasonably rely upon the13
125+rates on the condition that the commissioner may require correction of14
126+any deficiencies in the rate filing upon later review if the rate the carrier15
127+charged is excessive, inadequate, or unfairly discriminatory. A16
128+prospective rate adjustment is the sole remedy for rate deficiencies17
129+pursuant to this subsection (1). If the commissioner finds deficiencies in18
130+the rate filing after a sixty-day period, the commissioner shall provide19
131+notice to the carrier, and the carrier shall correct the rate on a prospective20
132+basis.21
133+(f) Carriers shall file rate filings for insurance regulated under22
134+parts 1 to 4 5 of this article ARTICLE 16 electronically in a format made23
135+available by the division, unless exempted by rule for an emergency24
136+situation as determined by the commissioner. The division shall post on25
137+its website a rate filing summary for insurance regulated under parts 1 to26
138+4 5 of this article ARTICLE 16 in order to provide notice to the public.27
139+179
140+-4- (2) (a) (I) Rates for an individual health coverage plan issued or1
141+delivered to any policyholder, enrollee, subscriber, or member in2
142+Colorado by an insurer subject to part 2 of this article 16 or an entity3
143+subject to part 3, or 4, OR 5 of this article 16 shall not be excessive,4
144+inadequate, or unfairly discriminatory to assure compliance with the5
145+requirements of this section that rates are not excessive in relation to6
146+benefits. Rates are excessive if they are likely to produce a long run profit7
147+that is unreasonably high for the insurance provided or if expenses are8
148+unreasonably high in relation to services rendered. In determining if rates9
149+are excessive, the commissioner may consider:10
150+(b) Notwithstanding any other provision of this article ARTICLE 16,11
151+a carrier subject to part 2, 3, or 4, OR 5 of this article ARTICLE 16 shall not12
152+vary the premium rate for an individual health coverage plan due to the13
153+gender of the individual policyholder, enrollee, subscriber, or member.14
154+Any premium rate based on the gender of the individual policyholder,15
155+enrollee, subscriber, or member is unfairly discriminatory and is not16
156+allowed.17
157+SECTION 3. In Colorado Revised Statutes, add 10-16-158 as18
158+follows:19
159+10-16-158. Dental coverage plans - dental loss ratio - rules -20
112160 definitions. (1) A
113-S USED IN THIS SECTION, UNLESS THE CONTEXT
114-OTHERWISE REQUIRES
115-:
161+S USED IN THIS SECTION, UNLESS THE CONTEXT21
162+OTHERWISE REQUIRES:22
116163 (a) "C
117164 OMMUNITY BENEFIT EXPENDITURE " MEANS AN EXPENDITURE
118-FOR AN ACTIVITY OR PROGRAM
119-, OR TO AN ORGANIZATION, WHICH SEEKS TO
120-ACHIEVE THE OBJECTIVES OF IMPROVING ACCESS TO DENTAL SERVICES AND
121-ENHANCING DENTAL PUBLIC HEALTH
122-. THIS INCLUDES AN ACTIVITY THAT:
123-(I) I
124-S AVAILABLE BROADLY TO THE PUBLIC AND SERVES LOW -INCOME
125-CONSUMERS
126-;
165+23
166+FOR AN ACTIVITY OR PROGRAM , OR TO AN ORGANIZATION, WHICH SEEKS24
167+TO ACHIEVE THE OBJECTIVES OF IMPROVING ACCESS TO DENTAL SERVICES25
168+AND ENHANCING DENTAL PUBLIC HEALTH . THIS INCLUDES AN ACTIVITY26
169+THAT:27
170+179
171+-5- (I) IS AVAILABLE BROADLY TO THE PUBLIC AND SERVES1
172+LOW-INCOME CONSUMERS;2
127173 (II) R
128-EDUCES GEOGRAPHIC, FINANCIAL, OR CULTURAL BARRIERS TO
129-ACCESSING DENTAL SERVICES
130-, AND IF THE ACTIVITY CEASED TO EXIST
131-WOULD RESULT IN ACCESS PROBLEMS
132-;
174+EDUCES GEOGRAPHIC, FINANCIAL, OR CULTURAL BARRIERS
175+3
176+TO ACCESSING DENTAL SERVICES, AND IF THE ACTIVITY CEASED TO EXIST4
177+WOULD RESULT IN ACCESS PROBLEMS ;5
133178 (III) A
134179 DDRESSES ORAL HEALTH WORKFORCE SHORTAGES , SUCH AS
135-ADVANCING EDUCATION AND TRAINING OF ORAL HEALTH PROFESSIONALS
136-;
137-OR
138-(IV) LEVERAGES OR ENHANCES DENTAL PUBLIC HEALTH ACTIVITIES .
139-(b) "D
140-ENTAL COVERAGE PLAN" MEANS A HEALTH COVERAGE PLAN
141-THAT INCLUDES COVERAGE FOR THE COSTS OF DENTAL CARE SERVICES
142-.
180+6
181+ADVANCING EDUCATION AND TRAINING OF ORAL HEALTH PROFESSI ONALS ;7
182+OR8
183+(IV) L
184+EVERAGES OR ENHANCES DENTAL PUBLIC HEALTH
185+9
186+ACTIVITIES.10
187+(b) "DENTAL COVERAGE PLAN" MEANS A HEALTH COVERAGE PLAN11
188+THAT INCLUDES COVERAGE FOR THE COSTS OF DENTAL CARE SERVICES .12
143189 "D
144-ENTAL COVERAGE PLAN" INCLUDES A PLAN ISSUED BY A PREPAID DENTAL
145-PLAN ORGANIZATION THAT HAS A CERTIFICATE OF AUTHORITY TO OPERATE
146-PURSUANT TO PART
147-5 OF THIS ARTICLE 16.
148-(c) (I) "D
149-ENTAL LOSS RATIO" MEANS THE PERCENTAGE OF PREMIUM
150-DOLLARS COLLECTED EACH YEAR FOR A DENTAL COVERAGE PLAN THAT THE
151-PAGE 4-SENATE BILL 23-179 DENTAL COVERAGE PLAN INCURS ON DENTAL SERVICES PROVIDED TO AN
152-ENROLLEE
153-, SEPARATE FROM OVERHEAD AND ADMINISTRATIVE COSTS .
190+ENTAL COVERAGE PLAN " INCLUDES A PLAN ISSUED BY A PREPAID13
191+DENTAL PLAN ORGANIZATION THAT HAS A CERTIFICATE OF AUTHORITY TO14
192+OPERATE PURSUANT TO PART 5 OF THIS ARTICLE 16.15
193+(c)
194+ (I) "DENTAL LOSS RATIO" MEANS THE PERCENTAGE OF16
195+PREMIUM DOLLARS COLLECTED EACH YEAR FOR A DENTAL COVERAGE17
196+PLAN THAT THE DENTAL COVERAGE PLAN INCURS ON DENTAL SERVICES18
197+PROVIDED TO AN ENROLLEE , SEPARATE FROM OVERHEAD AND19
198+ADMINISTRATIVE COSTS.20
154199 (II) T
155-HE DENTAL LOSS RATIO IS CALCULATED BY DIVIDING THE
156-NUMERATOR BY THE DENOMINATOR
157-, WHERE:
200+HE DENTAL LOSS RATIO IS CALCULATED BY DIVIDING THE21
201+NUMERATOR BY THE DENOMINATOR , WHERE:22
158202 (A) T
159-HE NUMERATOR IS THE SUM OF THE AMOUNT INCURRED FOR
160-CLINICAL DENTAL SERVICES PROVIDED TO ENROLLEES
161-, THE AMOUNT
162-INCURRED ON ACTIVITIES THAT IMPROVE DENTAL CARE QUALITY
163-, AND THE
164-AMOUNT OF CLAIMS PAYMENTS IDENTIFIED THROUGH FRAUD REDUCTION
165-EFFORTS
166-; AND
167-(B) THE DENOMINATOR IS THE TOTAL AMOUNT OF PREMIUM
168-REVENUE
169-, EXCLUDING FEDERAL AND STATE TAXES , LICENSING AND
170-REGULATORY FEES PAID
171-, NONPROFIT COMMUNITY BENEFIT EXPENDITURES ,
172-AND ANY OTHER PAYMENTS REQUIRED BY FEDERAL LAW .
203+HE NUMERATOR IS THE SUM OF THE AMOUNT INCURRED
204+ FOR23
205+CLINICAL DENTAL SERVICES PROVIDED TO ENROLLEES , THE AMOUNT24
206+INCURRED ON ACTIVITIES THAT IMPROVE DENTAL CARE QUALITY , AND THE25
207+AMOUNT OF CLAIMS PAYMENTS IDENTIFIED THROUGH FRAUD REDUCTION26
208+EFFORTS; AND27
209+179
210+-6- (B) THE DENOMINATOR IS THE TOTAL AMOUNT OF PREMIUM1
211+REVENUE, EXCLUDING FEDERAL AND STATE TAXES , LICENSING AND2
212+REGULATORY FEES PAID, NONPROFIT COMMUNITY BENEFIT EXPENDITURES ,3
213+AND ANY OTHER PAYMENTS REQUIRED BY FEDERAL LAW .4
173214 (2) (a) T
174-HE COMMISSIONER SHALL DEFINE BY RULE :
215+HE COMMISSIONER SHALL DEFINE BY RULE :5
175216 (I) E
176-XPENDITURES FOR CLINICAL DENTAL SERVICES ;
217+XPENDITURES FOR CLINICAL DENTAL SERVICES ;6
177218 (II) A
178219 CTIVITIES THAT IMPROVE DENTAL CARE QUALITY ;
220+7
179221 (III) O
180222 VERHEAD AND ADMINISTRATIVE COST EXPENDITURES ; AND
181-(IV) NONPROFIT COMMUNITY BENEFIT EXPENDITURES THAT ARE
182-ALIGNED WITH EXCLUSION PARAMETERS AND LIMITS OUTLINED IN
183-45 CFR
223+8
224+(IV) N
225+ONPROFIT COMMUNITY BENEFIT EXPENDITURES THAT ARE
226+9
227+ALIGNED WITH EXCLUSION PARAMETERS AND LIMITS OUTLINED IN 45 CFR10
184228 158.162;
185229 EXCEPT THAT THE COMMISSIONER SHALL ENSURE THAT ONLY
186-EXPENDITURES THAT IMPROVE ACCESS TO DENTAL SERVICES OR ENHANCE
187-DENTAL HEALTH
188-, AND NO OVERHEAD OR ADMINISTRATIVE COSTS , ARE
189-REPORTED UNDER THIS SECTION
190-.
230+11
231+EXPENDITURES THAT IMPROVE ACCESS TO DENTAL SERVICES OR ENHANCE12
232+DENTAL HEALTH, AND NO OVERHEAD OR ADMINISTRATIVE COSTS , ARE13
233+REPORTED UNDER THIS SECTION.14
191234 (b) T
192-HE DEFINITIONS PROMULGATED BY RULE PURSUANT TO THIS
193-SECTION MUST BE CONSISTENT WITH SIMILAR DEFINITIONS THAT ARE USED
194-FOR THE REPORTING OF MEDICAL LOSS RATIOS BY CARRIERS OFFERING
195-HEALTH BENEFIT PLANS IN THE STATE
196-. OVERHEAD AND ADMINISTRATIVE
197-COSTS MUST NOT BE INCLUDED IN THE NUMERATOR AS DESCRIBED IN
198-SUBSECTION
199- (1)(b)(II)(A) OF THIS SECTION.
235+HE DEFINITIONS PROMULGATED BY RULE PURSUANT TO THIS15
236+SECTION MUST BE CONSISTENT WITH SIMILAR DEFINITIONS THAT ARE USED16
237+FOR THE REPORTING OF MEDICAL LOSS RATIOS BY CARRIERS OFFERING17
238+HEALTH BENEFIT PLANS IN THE STATE. OVERHEAD AND ADMINISTRATIVE18
239+COSTS MUST NOT BE INCLUDED IN THE NUMERATOR AS DESCRIBED IN19
240+SUBSECTION (1)(b)(II)(A) OF THIS SECTION.20
200241 (3) (a) O
201-N OR BEFORE JULY 31, 2024, AND ON OR BEFORE JULY 31
202-PAGE 5-SENATE BILL 23-179 EACH YEAR THEREAFTER , A CARRIER THAT ISSUES, SELLS, RENEWS, OR
203-OFFERS A DENTAL COVERAGE PLAN SHALL FILE A DENTAL LOSS RATIO FORM
204-ELECTRONICALLY WITH THE DIVISION FOR THE PRECEDING CALENDAR YEAR
205-IN WHICH DENTAL COVERAGE WAS PROVIDED BY THE DENTAL COVERAGE
206-PLAN
207-. THE COMMISSIONER MAY CREATE A NEW REPORTING FORM OR USE AN
208-EXISTING REPORTING FORM TO FACILITATE DATA COLLECTION
209-. THE
210-COMMISSIONER SHALL ENSURE THAT FIELDS ARE REPORTED CONSISTENTLY
211-BY CARRIERS
212-. THE FILING MUST:
242+N OR BEFORE JULY 31, 2024, AND ON OR BEFORE JULY 3121
243+EACH YEAR THEREAFTER , A CARRIER THAT ISSUES, SELLS, RENEWS, OR22
244+OFFERS A DENTAL COVERAGE PLAN SHALL FILE A DENTAL LOSS RATIO23
245+FORM ELECTRONICALLY WITH THE DIVISION FOR THE PRECEDING24
246+CALENDAR YEAR IN WHICH DENTAL COVERAGE WAS PROVIDED BY THE25
247+DENTAL COVERAGE PLAN . THE COMMISSIONER MAY CREATE A NEW26
248+REPORTING FORM OR USE AN EXISTING REPORTING FORM TO FACILITATE27
249+179
250+-7- DATA COLLECTION. THE COMMISSIONER SHALL ENSURE THAT FIELDS ARE1
251+REPORTED CONSISTENTLY BY CARRIERS . THE FILING MUST:2
213252 (I) R
214-EPORT THE CALCULATED DENTAL LOSS RATIO ACCORDING TO
215-THE FORMULA IN SUBSECTION
216- (1)(b)(II) OF THIS SECTION;
253+EPORT THE CALCULATED DENTAL LOSS RATIO ACCORDING TO3
254+THE FORMULA IN SUBSECTION (1)(b)(II) OF THIS SECTION;4
217255 (II) S
218-EPARATELY REPORT EACH DATA ELEMENT DESCRIBED IN
219-SUBSECTION
220- (1)(b) OF THIS SECTION;
256+EPARATELY REPORT EACH DATA ELEMENT DESCRIBED IN5
257+SUBSECTION (1)(b) OF THIS SECTION;6
221258 (III) R
222-EPORT ADDITIONAL DATA THAT INCLUDES THE NUMBER OF
223-ENROLLEES
224-, THE PLAN COST-SHARING AND DEDUCTIBLE AM OUNTS , THE
225-ANNUAL MAXIMUM COVERAGE LIMIT
226-, AND THE NUMBER OF ENROLLEES WHO
227-MEET OR EXCEED THE ANNUAL COVERAGE LIMIT
228-;
259+EPORT ADDITIONAL DATA THAT INCLUDES THE NUMBER OF7
260+ENROLLEES, THE PLAN COST-SHARING AND
261+ DEDUCTIBLE AMOUNTS, THE8
262+ANNUAL MAXIMUM COVERAGE LIMIT , AND THE NUMBER OF ENROLLEES9
263+WHO MEET OR EXCEED THE ANNUAL COVERAGE LIMIT ;10
229264 (IV) R
230-EPORT DATA BY MARKET SEGMENT AND PRODUCT TYPE , AS
231-DEFINED BY RULE OF THE COMMISSIONER
232-; AND
233-(V) BE IN A FORM AND MANNER AS PRESCRIBED BY RULE OF THE
234-COMMISSIONER
235-.
265+EPORT DATA BY MARKET SEGMENT AND PRODUCT TYPE , AS11
266+DEFINED BY RULE OF THE COMMISSIONER ; AND12
267+(V) B
268+E IN A FORM AND MANNER AS PRESCRIBED BY RULE OF THE13
269+COMMISSIONER.14
236270 (b) F
237-OR THE REPORT TO BE SUBMITTED ON OR BEFORE JULY 31, 2024,
238-A CARRIER SHALL ALSO SUBMIT THE INFORMATION REQUIRED IN SUBSECTION
239-(3)(a) OF THIS SECTION FOR THE PLAN YEARS 2021 THROUGH 2024.
271+OR THE REPORT TO BE SUBMITTED ON OR BEFORE JULY 31,15
272+2024,
273+ A CARRIER SHALL ALSO SUBMIT THE INFORMATION REQUIRED IN16
274+SUBSECTION (3)(a) OF THIS SECTION FOR THE PLAN YEARS 2021 THROUGH17
275+2024.18
240276 (c) I
241-F THE COMMISSIONER DEEMS THAT DATA VERIFICATION OF A
242-CARRIER
243-'S DENTAL LOSS RATIO FOR A DENTAL COVERAGE PLAN IS
244-NECESSARY
245-, THE COMMISSIONER SHALL GIVE THE CARRIER AT LEAST THIRTY
246-DAYS NOTIFICATION PRIOR TO BEGINNING THE VERIFICATION PROCESS WITH
247-THE CARRIER
248-.
249-(d) (I) B
250-Y JANUARY 1 OF THE YEAR AFTER THE DIVISION RECEIVES
251-THE DENTAL LOSS RATIO INFORMATION COLLECTED PURSUANT TO
252-SUBSECTION
253- (3)(a) OF THIS SECTION, THE DIVISION SHALL MAKE THE
254-INFORMATION
255-, INCLUDING THE AGGREGATE DENTAL LOSS RATIO AND THE
256-PAGE 6-SENATE BILL 23-179 DATA REPORTED PURSUANT TO SUBSECTIONS (3)(a)(II) AND (3)(a)(III) OF
257-THIS SECTION
258-, AVAILABLE TO THE PUBLIC IN A SEARCHABLE FORMAT ON A
259-PUBLIC WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO COMPARE
260-DENTAL LOSS RATIOS AMONG CARRIERS BY PLAN TYPE BY
261-:
262-(A) P
263-OSTING THE INFORMATION ON THE DIVISION 'S WEBSITE; OR
264-(B) PROVIDING THE INFORMATION TO THE ADMINISTRATOR OF THE
265-ALL
266--PAYER HEALTH CLAIMS DATABASE ESTABLISHED PURSUANT TO SECTION
267-25.5-1-204. IF THE DIVISION PROVIDES THE INFORMATION TO THE
268-ADMINISTRATOR
269-, THE ADMINISTRATOR SHALL MAKE THE INFORMATION
270-AVAILABLE TO THE PUBLIC IN A FORMAT DETERMINED BY THE DIVISION
271-.
277+F THE COMMISSIONER DEEMS THAT DATA VERIFICATION OF A19
278+CARRIER'S DENTAL LOSS RATIO FOR A DENTAL COVERAGE PLAN IS20
279+NECESSARY, THE COMMISSIONER SHALL GIVE THE CARRIER AT LEAST21
280+THIRTY DAYS NOTIFICATION PRIOR TO BEGINNING THE VERIFICATION22
281+PROCESS WITH THE CARRIER.23
282+(d) (I)
283+ BY JANUARY 1 OF THE YEAR AFTER THE DIVISION RECEIVES24
284+THE DENTAL LOSS RATIO INFORMATION COLLECTED PURSUANT TO25
285+SUBSECTION (3)(a) OF THIS SECTION, THE DIVISION SHALL MAKE THE26
286+INFORMATION, INCLUDING THE AGGREGATE DENTAL LOSS RATIO AND THE27
287+179
288+-8- DATA REPORTED PURSUANT TO SUBSECTIONS (3)(a)(II) AND (3)(a)(III) OF1
289+THIS SECTION, AVAILABLE TO THE PUBLIC IN A SEARCHABLE FORMAT ON2
290+A PUBLIC WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO COMPARE3
291+DENTAL LOSS RATIOS AMONG CARRIERS BY PLAN TYPE BY :4
292+(A) POSTING THE INFORMATION ON THE DIVISION 'S WEBSITE; OR5
293+(B) PROVIDING THE INFORMATION TO THE ADMINISTRATOR OF THE6
294+ALL-PAYER HEALTH CLAIMS DATABASE ESTABLISHED PURSUANT TO7
295+SECTION 25.5-1-204. IF THE DIVISION PROVIDES THE INFORMATION TO THE8
296+ADMINISTRATOR, THE ADMINISTRATOR SHALL MAKE THE INFORMATION9
297+AVAILABLE TO THE PUBLIC IN A FORMAT DETERMINED BY THE DIVISION .10
272298 (II) T
273-HE DIVISION SHALL REPORT THE DATA IN SUBSECTION (3)(a) OF
274-THIS SECTION
275-, AND, IF AVAILABLE, SUBSECTION (4)(a) OF THIS SECTION, TO
276-THE GENERAL ASSEMBLY DURING THE
277-"STATE MEASUREMENT FOR
278-ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
279-ACT" HEARINGS HELD PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.
299+HE DIVISION
300+ SHALL REPORT THE DATA IN SUBSECTION (3)(a)11
301+OF THIS SECTION, AND, IF AVAILABLE, SUBSECTION (4)(a) OF THIS SECTION,12
302+TO THE GENERAL ASSEMBLY DURING THE "STATE MEASUREMENT FOR13
303+A
304+CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)14
305+G
306+OVERNMENT ACT" HEARINGS HELD PURSUANT TO PART 2 OF ARTICLE 715
307+OF TITLE 2.16
280308 (4) (a) O
281-NCE THE DIVISION HAS COLLECTED THE DATA PURSUANT TO
282-SUBSECTION
283-(3) OF THIS SECTION FOR TWO CALENDAR YEARS , THE
284-COMMISSIONER SHALL PROMULGATE RULES THAT CREATE A PROCESS TO
285-IDENTIFY ANY CARRIERS THAT SIGNIFICANTLY DEVIATE FROM AVERAGE
286-DENTAL LOSS RATIOS AND TO INVESTIGATE THE CAUSES OF THE DEVIATION
287-.
288-S
289-UCH PROCESS SHALL INCLUDE:
309+NCE THE DIVISION HAS COLLECTED THE DATA PURSUANT17
310+TO SUBSECTION (3) OF THIS SECTION FOR TWO CALENDAR YEARS , THE18
311+COMMISSIONER SHALL PROMULGATE RULES THAT CREATE A PROCESS TO19
312+IDENTIFY ANY CARRIERS THAT SIGNIFICANTLY DEVIATE FROM AVERAGE20
313+DENTAL LOSS RATIOS AND TO INVESTIGATE THE CAUSES OF THE21
314+DEVIATION. SUCH PROCESS SHALL INCLUDE:22
290315 (I) C
291-ALCULATING AN AVERAGE DENTAL LOSS RATIO FOR EACH
292-MARKET SEGMENT USING AGGREGATE DATA FOR A THREE
293--YEAR PERIOD,
294-CONSISTING OF DATA FOR THE DENTAL LOSS RATIO REPORTING YEAR THAT
295-IS BEING REPORTED AND THE DATA FOR THE TWO PRIOR DENTAL LOSS RATIO
296-REPORTING YEARS
297-;
298-(II) I
299-DENTIFYING AS OUTLIERS THE DENTAL COVERAGE PLANS THAT
300-FALL OUTSIDE OF A SET NUMBER OF STANDARD DEVIATIONS FROM THE
301-AVERAGE DENTAL LOSS RATIO
302-, AS DETERMINED BY RULE OF THE
303-COMMISSIONER BASED ON REVIEW OF THE DATA AND CONSIDERATION OF THE
304-IMPACT OF NONPROFIT COMMUNITY BENEFIT EXPENDITURES ON ANY OUTLIER
305-CALCULATION
306-.
316+ALCULATING AN AVERAGE DENTAL LOSS RATIO FOR EACH23
317+MARKET SEGMENT USING AGGREGATE DATA FOR A THREE -YEAR PERIOD,24
318+CONSISTING OF DATA FOR THE DENTAL LOSS RATIO REPORTING YEAR THAT25
319+IS BEING REPORTED AND THE DATA FOR THE TWO PRIOR DENTAL LOSS26
320+RATIO REPORTING YEARS;27
321+179
322+-9- (II) IDENTIFYING AS OUTLIERS THE DENTAL COVERAGE PLANS1
323+THAT FALL OUTSIDE OF A SET NUMBER OF STANDARD DEVIATIONS FROM2
324+THE AVERAGE DENTAL LOSS RATIO , AS DETERMINED BY RULE OF THE3
325+COMMISSIONER BASED ON REVIEW OF THE DATA AND CONSIDERATION OF4
326+THE IMPACT OF NONPROFIT COMMUNITY BENEFIT EXPENDITURES ON ANY5
327+OUTLIER CALCULATION.6
307328 (b) T
308-HE COMMISSIONER MAY APPLY MORE RESTRICTIVE STANDARD
309-PAGE 7-SENATE BILL 23-179 DEVIATION METRICS OVER TIME TO PREVENT DECLINES IN THE AVERAGE
310-DENTAL LOSS RATIO IN A MARKET SEGMENT AND MAY ESTABLISH BY RULE
311-ADDITIONAL CRITERIA FOR USE IN IDENTIFYING OUTLIERS
312-.
329+HE COMMISSIONER MAY APPLY MORE RESTRICTIVE STANDARD7
330+DEVIATION METRICS OVER TIME TO PREVENT DECLINES IN THE AVERAGE8
331+DENTAL LOSS RATIO IN A MARKET SEGMENT AND MAY ESTABLISH BY RULE9
332+ADDITIONAL CRITERIA FOR USE IN IDENTIFYING OUTLIERS .10
313333 (5) (a) T
314-HE COMMISSIONER MAY ENFORCE COMPLIANCE WITH THE
315-REPORTING REQUIREMENTS IN THIS SECTION AND IMPOSE A PENALTY OR
316-REMEDY AGAINST A PERSON WHO VIOLATES THIS SECTION
317-.
334+HE COMMISSIONER MAY ENFORCE COMPLIANCE WITH THE11
335+REPORTING REQUIREMENTS IN THIS SECTION AND IMPOSE A PENALTY OR12
336+REMEDY AGAINST A PERSON WHO VIOLATES THIS SECTION .13
318337 (b) T
319-HE COMMISSIONER MAY INVESTIGATE OR TAKE ENFORCEMENT
320-ACTIONS AGAINST CARRIERS THAT ARE DETERMINED TO BE OUTLIERS
321-PURSUANT TO SUBSECTION
322-(4) OF THIS SECTION AND RULES ADOPTED
323-PURSUANT TO SAID SUBSECTION
324-(4) AND IMPOSE A PENALTY OR REMEDY
325-AGAINST A PERSON WHO VIOLATES THIS SECTION
326-.
338+HE COMMISSIONER MAY INVESTIGATE OR TAKE ENFORCEMENT14
339+ACTIONS AGAINST CARRIERS THAT ARE DETERMINED TO BE OUTLIERS15
340+PURSUANT TO SUBSECTION (4) OF THIS SECTION AND RULES ADOPTED16
341+PURSUANT TO SAID SUBSECTION (4) AND IMPOSE A PENALTY OR REMEDY17
342+AGAINST A PERSON WHO VIOLATES THIS SECTION .18
327343 (6) T
328-HE COMMISSIONER MAY PROMULGATE RULES TO IMPLEMENT
329-THIS SECTION
330-.
331-SECTION 4. In Colorado Revised Statutes, 10-16-135, add (7) as
332-follows:
333-10-16-135. Health coverage plan information cards - rules -
344+HE COMMISSIONER MAY PROMULGATE RULES TO IMPLEMENT19
345+THIS SECTION.20
346+
347+ SECTION 4. In Colorado Revised Statutes, 10-16-135, add21
348+(7) as follows:22
349+10-16-135. Health coverage plan information cards - rules -23
334350 standardization - contents. (7) T
335351 HE COMMISSIONER SHALL ADOPT RULES
336-THAT REQUIRE EACH CARRIER THAT PROVIDES A DENTAL COVERAGE PLAN
337-,
338-AS DEFINED IN SECTION 10-16-165 (1)(a), TO ISSUE TO COVERED PERSONS TO
339-WHOM A DENTAL COVERAGE PLAN IDENTIFICATION CARD IS ISSUED A
340-STANDARDIZED WRITTEN OR VIRTUAL CARD CONTAINING PLAN
341-INFORMATION
342-. TO THE EXTENT POSSIBLE, THE RULES MUST INCORPORATE
343-AND NOT CONFLICT WITH THE REQUIREMENTS OF SECTION
344-10-16-124
345-REGARDING PRESCRIPTION INFORMATION CARDS . THE COMMISSIONER SHALL
346-ADOPT RULES BY
347-MARCH 31, 2024, THAT DESCRIBE THE FORMAT OF THE
348-STANDARDIZED CARD TO BE ISSUED BY CARRIERS
349-. THE RULES ESTABLISHING
350-THE FORMAT FOR THE CARD MUST INCLUDE A STANDARD SIZE
351-, MUST REQUIRE
352-THE CARD TO BE LEGIBLE AND PHOTOCOPIED
353-, AND MUST DELINEATE THE
354-INFORMATION TO BE CONTAINED ON THE CARD
355-, INCLUDING THE FOLLOWING,
356-AS APPLICABLE:
352+24
353+THAT REQUIRE EACH CARRIER THAT PROVIDES A DENTAL COVERAGE PLAN ,25
354+AS DEFINED IN SECTION 10-16-158 (1)(a), TO ISSUE TO COVERED PERSONS26
355+TO WHOM A DENTAL COVERAGE PLAN IDENTIFICATION CARD IS ISSUED A27
356+179
357+-10- STANDARDIZED WRI TTEN OR VIRTUAL CARD CONTAINING PLAN1
358+INFORMATION. TO THE EXTENT POSSIBLE, THE RULES MUST INCORPORATE2
359+AND NOT CONFLICT WITH THE REQUIREMENTS OF SECTION 10-16-1243
360+REGARDING PRESCRIPTION INFORMATION CARDS . THE COMMISSIONER4
361+SHALL ADOPT RULES BY MARCH 31, 2024, THAT DESCRIBE THE FORMAT OF5
362+THE STANDARDIZED CARD TO BE ISSUED BY CARRIERS . THE RULES6
363+ESTABLISHING THE FORMAT FOR THE CARD MUST INCLUDE A STANDARD7
364+SIZE, MUST REQUIRE THE CARD TO BE LEGIBLE AND PHOTOCOPIED , AND8
365+MUST DELINEATE THE INFORMATION TO BE CONTAINED ON THE CARD ,9
366+INCLUDING THE FOLLOWING, AS APPLICABLE:10
357367 (a) T
358368 HE COVERED PERSON'S NAME AND THE APPLICABLE PLAN
359-NUMBER
360-;
369+11
370+NUMBER;12
361371 (b) C
362-ONTACT INFORMATION FOR THE CARRIER OR DENTAL COVERAGE
363-PAGE 8-SENATE BILL 23-179 PLAN ADMINISTRATOR; AND
364-(c) AN INDICATION OF WHETHER THE DENTAL COVERAGE PLAN IS
365-REGULATED BY THE STATE OF
366-COLORADO.
367-SECTION 5. In Colorado Revised Statutes, 25.5-1-204, add (5)(j)
368-as follows:
369-25.5-1-204. Advisory committee to oversee the all-payer health
370-claims database - creation - members - duties - legislative declaration
371-- rules - report. (5) If sufficient funding is received, the executive director
372-shall direct the administrator to create the database and the administrator
373-shall:
372+ONTACT INFORMATION FOR THE CARRIER OR DENTAL
373+13
374+COVERAGE PLAN ADMINISTRATOR ; AND14
375+(c) A
376+N INDICATION OF WHETHER THE DENTAL COVERAGE PLAN IS
377+15
378+REGULATED BY THE STATE OF COLORADO.16
379+SECTION 5. In Colorado Revised Statutes, 25.5-1-204, add17
380+(5)(j) as follows:18
381+25.5-1-204. Advisory committee to oversee the all-payer health19
382+claims database - creation - members - duties - legislative declaration20
383+- rules - report. (5) If sufficient funding is received, the executive21
384+director shall direct the administrator to create the database and the22
385+administrator shall:23
374386 (j) S
375387 UBJECT TO AVAILABLE APPROPRIATIONS AND AT THE REQUEST
376-OF THE COMMISSIONER OF INSURANCE
377-, PUBLISH INFORMATION TO THE PUBLIC
378-CONCERNING DENTAL LOSS RATIO INFORMATION COLLECTED BY THE
379-DIVISION OF INSURANCE PURSUANT TO SECTION
380-10-16-165.
381-SECTION 6. Appropriation. For the 2023-24 state fiscal year,
382-$64,252 is appropriated to the department of regulatory agencies for use by
383-the division of insurance. This appropriation is from the division of
384-insurance cash fund created in section 10-1-103 (3), C.R.S. To implement
385-this act, the division may use this appropriation as follows:
386-(a) $56,637 for personal services, which amount is based on an
387-assumption that the division will require an additional 0.7 FTE; and
388-(b) $7,615 for operating expenses.
389-SECTION 7. Act subject to petition - effective date. This act
390-takes effect at 12:01 a.m. on the day following the expiration of the
391-ninety-day period after final adjournment of the general assembly; except
392-that, if a referendum petition is filed pursuant to section 1 (3) of article V
393-of the state constitution against this act or an item, section, or part of this act
394-within such period, then the act, item, section, or part will not take effect
395-unless approved by the people at the general election to be held in
396-PAGE 9-SENATE BILL 23-179 November 2024 and, in such case, will take effect on the date of the official
397-declaration of the vote thereon by the governor.
398-____________________________ ____________________________
399-Steve Fenberg Julie McCluskie
400-PRESIDENT OF SPEAKER OF THE HOUSE
401-THE SENATE OF REPRESENTATIVES
402-____________________________ ____________________________
403-Cindi L. Markwell Robin Jones
404-SECRETARY OF CHIEF CLERK OF THE HOUSE
405-THE SENATE OF REPRESENTATIVES
406- APPROVED________________________________________
407- (Date and Time)
408- _________________________________________
409- Jared S. Polis
410- GOVERNOR OF THE STATE OF COLORADO
411-PAGE 10-SENATE BILL 23-179
388+24
389+OF THE COMMISSIONER OF INSURANCE , PUBLISH INFORMATION TO THE25
390+PUBLIC CONCERNING DENTAL LOSS RATIO INFORMATION COLLECTED BY26
391+THE DIVISION OF INSURANCE PURSUANT TO SECTION 10-16-158.27
392+179
393+-11- SECTION 6. Appropriation. For the 2023-24 state fiscal year,1
394+$64,252 is appropriated to the department of regulatory agencies for use2
395+by the division of insurance. This appropriation is from the division of3
396+insurance cash fund created in section 10-1-103 (3), C.R.S. To implement4
397+this act, the division may use this appropriation as follows: 5
398+(a) $56,637 for personal services, which amount is based on an6
399+assumption that the division will require an additional 0.7 FTE; and7
400+(b) $7,615 for operating expenses.8
401+SECTION 7. Act subject to petition - effective date. This act9
402+takes effect at 12:01 a.m. on the day following the expiration of the10
403+ninety-day period after final adjournment of the general assembly; except11
404+that, if a referendum petition is filed pursuant to section 1 (3) of article V12
405+of the state constitution against this act or an item, section, or part of this13
406+act within such period, then the act, item, section, or part will not take14
407+effect unless approved by the people at the general election to be held in15
408+November 2024 and, in such case, will take effect on the date of the16
409+official declaration of the vote thereon by the governor.17
410+179
411+-12-