Second Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 08-0826.01 Christy Chase        HOUSE BILL 08-1327
                    HOUSE SPONSORSHIP
 Gardner C.,
 
                   SENATE SPONSORSHIP
 Mitchell S.,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business Affairs and Labor
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning access to affordable health insurance products
            for Colorado residents through the elimination of
            certain regulatory restrictions that increase the
            costs of health insurance products for consumers.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Allows Colorado residents to purchase, and a health insurance
       carrier, whether or not the carrier is subject to Colorado insurance laws
       and regulations, to sell in Colorado, a health insurance product that is
       lawfully sold, offered, or issued in another state without subjecting that
       insurance product to the requirements of Colorado insurance laws and
       regulations.  Subjects a carrier that is not otherwise subject to Colorado
       insurance laws and regulations and that sells, offers, or issues in this state
       a health insurance product lawfully sold in another state to regulation by
       the commissioner of insurance with regard to enforcement of the
       contractual benefits under the health insurance product.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 16 of title 10, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            10-16-102.5.  Right to purchase health insurance - products
       lawfully sold in other states - legislative declaration.  (1)  The
       general assembly hereby finds, determines, and declares that:
            (a)  While many Coloradans have access to first-rate
       health care, affordable health care coverage is not available
       to all who wish to purchase it;
            (b)  By removing barriers that limit access to affordable
       health care coverage and expanding opportunities for
       Coloradans to purchase more affordable coverage, the state
       can improve access to health care and rein in rising health care
       costs while preserving the first-rate care that so many
       Coloradans already enjoy;
            (c)  It is therefore important to provide Coloradans with
       more choices when selecting a health insurance product to
       allow individuals and families the ability to purchase
       affordable health care coverage, thereby increasing their
       access to quality health care.
            (2)  Notwithstanding any provision of this title to the
       contrary:
            (a)  No person shall be denied the right to purchase or
       enroll in a policy of sickness and accident insurance or a health
       benefit plan that is lawfully sold, offered, or issued in another
       state; and
            (b)  No carrier, regardless of whether the carrier is
       subject to Colorado insurance laws and regulations, shall be
       precluded from selling or issuing a policy of sickness and
       accident insurance or a health benefit plan to a Colorado
       resident if the policy or plan is lawfully sold, offered, or issued
       in another state.
            (3)  If a Colorado resident purchases or enrolls in a policy
       of sickness and accident insurance or a health benefit plan that
       is lawfully sold, offered, or issued in another state, the policy
       or plan shall not be subject to the requirements of this article,
       and the carrier, if not otherwise subject to the insurance laws
       and regulations of this state, shall not be subject to regulation
       under this title with regard to such policy or plan; except that,
       the carrier shall be subject to regulation by the commissioner
       with regard to enforcement of the contractual benefits under
       the policy or plan, including the requirements regarding the
       prompt payment of claims for benefits, pursuant to section
       10-16-106.5, and the procedure for the denial of benefits,
       pursuant to section 10-16-113.
            (4)  Nothing in this section shall limit the ability of the
       commissioner to regulate a carrier with regard to insurance
       products sold, offered, or issued in this state that are subject to
       the requirements of this title.
            SECTION 2.  Effective date.  This act shall take effect at 12:01
       a.m. on the day following the expiration of the ninety-day period after
       final adjournment of the general assembly that is allowed for submitting
       a referendum petition pursuant to article V, section 1 (3) of the state
       constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
       except that, if a referendum petition is filed against this act or an item,
       section, or part of this act within such period, then the act, item, section,
       or part, if approved by the people, shall take effect on the date of the
       official declaration of the vote thereon by proclamation of the governor.