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Colorado Commissioner of Insurance Adopts Emergency Regulations Regarding COVID-19

By Heidi Culbertson

March 18, 2020   Colorado Business / Commercial Litigation

On March 17, 2020, Thomas W. Henderson, a trial lawyer and shareholder with Burg Simpson, said, “The Colorado Commissioner of Insurance promulgated and adopted Emergency Regulation 20-E-1 – CONCERNING COVERAGE AND COST SHARING REQUIREMENTS FOR COMMERCIAL INSURANCE MARKET COVERAGE OF COVID-19 CLAIMS. This Regulation states that all insurance companies shall provide coverage for COVID-19 –related in-network telehealth services with NO COST shares (no co-pays, deductibles, or co-insurance), and shall cover at least one additional early refill of all necessary prescriptions (except for drugs with a “high likelihood of abuse, such as opioids”).  This Regulation also provides that if a covered person meets the Colorado Dept. of Health criteria for getting tested for COVID-19, the insurance company must pay for the testing with NO COST shares to the insured; the insurance company (not the insured) must pay any cost-share charged by an in-network provider, in-network urgent care cent, and for an emergency room visit when the insured is seeking testing for COVID-19; and, if an in-network provider is unable to conduct the testing for COVID-19 (providing the insured meets the Colo. Dept. of Health criteria for needing to be tested), the insurance company must cover such testing even if performed by an out-of-network provider.”

Mr. Henderson added, “We are thankful our Insurance Commissioner quickly passed this Regulation.”

About Tom Henderson

Tom Henderson focuses his practice on representing policyholders in suing insurance companies for bad faith and getting insurance companies to pay what the insurance policy promises to pay. Tom spent the first 20 years of his practice representing the insurance companies, answering their questions about whether the policy provided coverage for various claims, and even defending them when they were sued.

Tom uses this unusual background to his clients’ advantage because he knows where the weak spots are, where the smoking guns are hidden and how best to structure his clients’ cases to maximize the potential of getting the insurance companies to pay. Tom represents both individual consumers and businesses in their pursuit of insurance claims. For consumers, this includes auto, uninsured and underinsured motorists, homeowners, renters, liability, property, health, disability, and life insurance claims. For businesses, this includes auto, liability, property, lost profits, directors and officers, professional liability, and construction insurance claims. These claims can range from a few thousand dollars to millions of dollars.

About Burg Simpson

Burg Simpson Simpson Eldredge Hersh & Jardine currently has more than 70 trial attorneys who provide nationwide legal representation. The firm is based in Colorado and has offices in Arizona, Ohio, Wyoming, New Mexico, Nevada, and Florida.

Burg Simpson’s award-winning trial lawyers represent clients with legal matters that range from business and commercial litigation, construction defects, mass torts, and medical malpractice, to personal injury and workers’ compensation.

Founded in 1976, Burg Simpson has proven track record of success and has collected over $1 billion in verdicts, judgments, and settlements on behalf of its clients. Burg Simpson’s attorneys have been named as national lead counsel and earned federal court appointments in several cases, such as YAZ/Yasmin®, Pradaxa®, Ortho Evra®, Gadolinium-based contrast agents, Heparin, DePuy ASR®, Bextra/Celebrex, Zyprexa®, and testosterone replacement therapy.

Over the past four decades, Burg Simpson’s highly-skilled and results-driven trial attorneys have gained a national reputation and the depth of experience necessary to garner significant awards. The firm has been consistently recognized for excellence by The Best Lawyers in America, Super Lawyers, Legal 500, 5280 Top Lawyers, The National Trial Lawyers, and the American Board of Trial Advocates.

Burg Simpson has spent over 40 years fighting for the legal rights of those harmed by the actions or inactions of negligent corporations and individuals. Our team of trial lawyers and legal professionals are dedicated to protecting our clients and securing the compensation they deserve.

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