These health insurance plans are considered “excepted benefits” and, therefore, not subject to requirements of the Patient Protection and Affordable Care Act (“ACA”). This Bulletin explains the impact of the federal departments’ guidance and sets forth a Schedule of Compliance.
Since adoption of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), fixed indemnity and hospital indemnity plans have been classified as “excepted benefits” in the Public Health Service Act. 42 U.S.C. § 300gg-91.