Federal & State Regulations | HIPAA - Colorado | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

Federal HIPAA portability provisions limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances.

States are allowed to go beyond the federal requirements. Colorado adopted the federal requirements for preexisting conditions. The state privacy rules apply to public agencies.

Effective 7/1/09, a carrier offering a small group plan may offer incentives or rewards to encourage the small group and other covered persons under the plan to participate in wellness and prevention programs. For purposes of small group plans, the incentives or rewards may be applied to the entire small group or to individuals in the small group based on their participation in wellness and prevention programs. A carrier offering such incentives or rewards shall implement adequate measures to ensure that the privacy of individuals in the group is maintained and that individually identifiable health information is not shared or made available to an individual's employer or any other person not otherwise allowed access to the information under the federal HIPAA, as amended. (HB 09-1012) §10-16-136