20-1382. Health care insurers; reporting requirements

A. On or before March 1 of each year, each health care insurer shall submit to the director a written report that contains the following information:

1. The number of eligible individuals covered by policies that were written by that health care insurer in the individual market during the previous calendar year.

2. The number of individuals covered by policies that were issued other than to eligible individuals during the previous calendar year.

3. The earned premium for each category of individual policy for the previous calendar year.

4. The total number of eligible individuals covered by policies that were issued by the health care insurer as of the end of the previous calendar year.

B. Each health care insurer shall submit the following information to the department, if applicable, to demonstrate compliance with sections 20-1379, 20-1380 and 20-1381:

1. The health care insurer's name and address.

2. The identification, form number and summary of all products that the health care insurer offers in the individual market.

3. If the health care insurer elects the option prescribed in section 20-1379, subsection C, paragraph 2, subdivision (a) the data on premium volumes of all policy forms that the health care insurer offers in the individual market and the number of individuals who are covered under each form during the preceding calendar year.

4. If the health care insurer elects the option prescribed in section 20-1379, subsection C, paragraph 2, subdivision (b) the data, assumptions and methods used to calculate the actuarial values of the two representative policy forms.

5. An explanation of how the health care insurer is complying with sections 20-1379, 20-1380 and 20-1381.

6. A list of all products, including all marketing material, that the health care insurer is making or will make available to eligible individuals and an explanation of how the health care insurer will inform individuals of these policy forms.

7. A description of the risk spreading and financial subsidization mechanism.

C. The health care insurer shall submit the information described in subsection B of this section to the department by March 1 of each year.

D. If all or part of the information required by subsection B, paragraph 5, 6 or 7 of this section has not changed since the health care insurer's last previous submission, instead of refiling the information the health care insurer may indicate the information that has not changed.

E. Notwithstanding any other law, an insurer is not required to comply with the reporting requirements of this section if the federal laws that require providing a certificate of creditable coverage are superseded by the prohibition on preexisting condition exclusions.