CO Code § 10-16-111 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 16 - Health Care Coverage|Part 1 - General Provisions|§ 10-16-111. Annual Statements and Reports - Rules

  Nonprofit hospital, medical-surgical, and health service corporations.   All corporations subject to the provisions of this part 1 and part 3 of this article doing business in this state on July 1, 1967, or which may thereafter do business in this state, shall make and file annually with the commissioner, on or before the first day of March of each year, a statement under oath upon a form prescribed by the commissioner stating the amount of all membership dues or subscriber fees collected in this state or from residents thereof by the corporation making such statement during the year ending the last day of December next preceding; the amounts actually paid during such year for hospital, medical-surgical, and other health services for the subscribers or members of the corporation, and the amounts placed in established reserves for cases billed but not yet paid, unreported and unbilled cases, retroactive cost adjustments, membership dues or fees paid in advance but not yet earned, and all other liabilities and obligations required of domestic insurers which are consistent with the responsibilities of such corporations. The annual statement made to the commissioner pursuant to this subsection (1) shall at least include the substance of that which is required by what is known as the convention blank form for hospital, medical, and dental service or indemnity corporations adopted from year to year by the national association of insurance commissioners, including any instructions, procedures, and guidelines not in conflict with any provision of this title for completing the convention blank form.    In preparing the statements required by paragraph (a) of this subsection (1), all insurance companies shall follow the instructions, procedures, and guidelines of the national association of insurance commissioners. If the initial application of any such instruction, procedure, or guideline would cause a reduction in the total capital and surplus of a domestic insurer of ten percent or more or would cause the capital and surplus of a domestic insurer to fall to or below the company action level as defined by the commissioner by rule, such insurer may, within thirty days after the effective date of such instruction, procedure, or guideline, file with the commissioner a request to phase in the effect of the instruction, procedure, or guideline over a period not to exceed three years or a time period approved by the commissioner.    Any request made pursuant to paragraph (b) of this subsection (1) shall include a complete analysis, in a form prescribed by the commissioner, of the impact upon the insurer making the request that is expected to result from application of the subject instruction, procedure, or guideline and, if a phase-in is requested, a description of the insurer's plan for the phase-in period. The commissioner shall not deny a request for a phase-in except upon notice and the opportunity for a hearing as provided in section 24-4-105, C.R.S.    Any request for a hearing made pursuant to paragraph (c) of this subsection (1) shall include a description of the basis on which relief is sought. Upon receiving such a request, the commissioner shall postpone the effective date of the subject instruction, procedure, or guideline pending the conclusion of the hearing and the taking of final agency action thereon. The hearing shall commence within sixty days after the commissioner receives the request and shall be conducted in accordance with section 24-4-105, C.R.S.       Health maintenance organizations.   Every health maintenance organization shall annually, on or before March 1, file a report verified by at least two principal officers with the commissioner covering the preceding calendar year.    The report must be on forms prescribed by the commissioner and shall include:   A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year certified by an independent public accountant;    Any material changes in the information submitted pursuant to section 10-16-401 (3);    The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year;    A summary of information compiled pursuant to section 10-16-402 (1)(b)(III) in such form as required by the commissioner;    Such other information relating to the performance of the health maintenance organization as is necessary to enable the commissioner to carry out the commissioner's duties under this part 1 and part 4 of this article.          Repealed.    Each health maintenance organization shall report to the commissioner within five days of receipt or determination of a noncompliance order issued by the United States department of health and human services. Each health maintenance organization shall report to the commissioner within five days of receipt of determination by the United States department of health and human services or the health maintenance organization or a creditor or guarantor as to repayment schedule of loans or modification of financial commitments. The report shall include any determination for the ensuing twelve-month period. Upon providing such report, the health maintenance organization shall submit a revised financial statement recognizing the appropriate amounts as a direct liability.       Prepaid dental care plan organizations.   Every prepaid dental care plan organization subject to this part 1 and part 5 of this article shall file with the commissioner annually, on or before March 1, a report verified by at least two principal officers covering the preceding calendar year.    Such report shall be on forms prescribed by the commissioner and shall include:   A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year certified by an independent public accountant;    Any material changes in the information submitted pursuant to section 10-16-503 (1);    The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year;    Statistics relating to the cost of its operations, the pattern of utilization of its services, and the availability and accessibility of its services;    Such other information relating to the performance of the organization as is necessary to enable the commissioner to carry out the commissioner's duties under this part 1 and part 5 of this article.          Carriers.   On or before June 1 of each year, a carrier doing business in this state that satisfies qualifications as determined by rule of the commissioner shall submit to the commissioner, where applicable, the following cost information for the previous calendar year:   Medical trend itemized by medical provider price increases, utilization changes, medical cost shifting, and new medical procedures and technology;    Medical trend itemized by pharmaceutical price increases, utilization changes, cost shifting, and the introductions of new brand and generic drugs;    Dividends paid;    Executive salaries, stock options, or bonuses;    Insurance producer commissions;    Payments to legal counsel;    Provision for profit and contingencies;    Administrative expenditures with breakdowns for advertising or marketing expenditures, paid lobbying expenditures, and staff salaries;    Expenditures for disease or case management programs or patient education and other cost containment or quality improvement expenses;    Charitable contributions;    Losses on investments or investment income;    Reserves on hand;    The amount of surplus and the amount of surplus relative to the carrier's risk-based capital requirement;    Taxes itemized by category;    Administrative ratio;    Actual benefits ratio;    The number of lives insured under each benefit plan the carrier offers to small employers;    The cost of providing or arranging health-care services; and    A list of each intermediary with whom the carrier has a contractual relationship.  (a.5) Repealed.        A carrier licensed in multiple jurisdictions may satisfy the requirements of paragraph (a) of this subsection (4) by filing the Colorado allocated portion of national data if the actual data is not otherwise available.    The commissioner shall aggregate the data submitted pursuant to paragraph (a) of this subsection (4) for all carriers and publish the information on the division's website. Notwithstanding section 24-1-136 (11)(a)(I), the commissioner shall submit a report annually to the general assembly that analyzes the cost of health care and the factors that drive the cost of health care on an individual and group basis in this state.    Notwithstanding section 24-1-136 (11)(a)(I), the commissioner shall report annually to the general assembly regarding financial information on carriers that includes, but is not limited to, benefits ratios, rate increases, and the reasons or data tracked for cost increases, as applicable for health insurance provided pursuant to this article.    When promulgating rules pursuant to paragraph (a) of this subsection (4), the commissioner shall ensure that at least ninety-two percent of the market share reports cost information.        History. Source: L. 92: Entire article R&RE, p. 1656, § 1, effective July 1; (1) amended, p. 1592, § 113, effective July 1. L. 94: (1) amended, p. 595, § 1, effective April 7. L. 97: (1) amended, p. 92, § 3, effective March 24. L. 99: (2)(c) and (2)(d) repealed, p. 85, § 7, effective July 1. L. 2008: (4) added, p. 2255, § 9, effective July 1. L. 2011: (4)(a.5) added,(SB 11-128), ch. 133, p. 469, § 4, effective April 29. L. 2013: IP(4)(a), (4)(a)(XVII), and (4)(a)(XVIII) amended and (4)(a)(XIX) and (4)(e) added,(HB 13-1223), ch. 145, p. 468, § 1, effective April 26. L. 2017: (2)(a), IP(2)(b), and (2)(b)(IV) amended,(SB 17-249), ch. 283, p.1547, § 12, effective June 1; (4)(c) and (4)(d) amended,(SB 17-044), ch. 4, p. 7, § 3, effective August 9.    Editor's note:    The provisions of this section are similar to provisions of several former sections as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index.    Subsection (4)(a.5)(II) provided for the repeal of subsection (4)(a.5), effective January 1, 2014. (SeeL. 2011, p. 469.)     Cross references:    In 2008, subsection (4) was enacted by the “Fair Accountable Insurance Rates Act”. For the short title and legislative declaration, see sections 1 and 2 of chapter 439, Session Laws of Colorado 2008.    For the legislative declaration in the 2011 act adding subsection (4)(a.5), see section 1 of chapter 133, Session Laws of Colorado 2011.