HI Commissioner's Memorandum 2021-1H
Voluntary Participation in Special Enrollment Period for Off-Marketplace Health Plans
DAVID Y. IGE
GOVERNOR
JOSH GREEN
LIEUTENANT GOVERNOR
STATE OF HAWAII
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
INSURANCE DIVISION
335 MERCHANT STREET, ROOM 213, HONOLULU, HAWAII 96813
P.O. BOX 3614, HONOLULU, HAWAII 96811
Phone Number: (808) 586-2790
Fax Number: (808) 587-6714
insurance.hawaii.gov
CATHERINE P. AWAKUNI COLÓN
DIRECTOR
JO ANN M. UCHIDA TAKEUCHI
DEPUTY DIRECTOR
COLIN M. HAYASHIDA
INSURANCE COMMISSIONER
February 26, 2021
MEMORANDUM 2021-1H
TO:
All Health Insurance Companies, Mutual Benefit Societies, and Health
Maintenance Organizations Authorized to Write Health Insurance in
Hawaii
FROM:
Colin M. Hayashida
Insurance Commissioner
SUBJECT:
Voluntary Participation in Special Enrollment Period for Off-Marketplace
Health Plans
Pursuant to President Biden’s January 28, 2021 Executive Order, the Centers for
Medicare and Medicaid Services (CMS) will reopen the federal HealthCare.gov
marketplace for a 90-day Special Enrollment Period (SEP)1 to permit individuals to
enroll in comprehensive health insurance coverage under the Affordable Care Act
(ACA).
The Insurance Division encourages insurers offering ACA-compliant offmarketplace health plans to implement a SEP beginning in Hawaii on March 1, 2021
through May 15, 2021. The SEP must be open to all similarly situated individuals
without discrimination and comply with all state and federal laws.
Insurers deciding to provide a parallel SEP offering health plans outside the
marketplace should submit a SERFF informational filing with a letter and documents as
required by the Commissioner.
1 “Executive Order on Strengthening Medicaid and the Affordable Care Act” (January 28, 2021) available at
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/28/executive-order-on-strengtheningmedicaid-and-the-affordable-care-act/.
Memorandum 2021-1H
February 26, 2021
Page 2
Please contact the Insurance Division at ihealth@dcca.hawaii.gov or (808) 586-
2790 if you have any questions on this matter.