Excepted Benefits – HIPAA and ACA

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains rules for group health plans and health insurance issuers regarding portability. The Affordable Care Act (ACA) made extensive changes to HIPAA’s portability provisions, including prohibiting pre-existing condition exclusions or annual limits and requiring plans to cover preventive care services.

HIPAA’s portability rules broadly apply to group health plans and health insurance issuers offering group health insurance coverage. However, certain categories of coverage—called “excepted benefits”—are not subject to HIPAA’s portability rules.

Employee benefits that qualify as excepted benefits under HIPAA are also not subject to the ACA’s market reforms, including the ACA’s prohibition on annual limits and preventive care coverage requirement.

This Compliance Overview summarizes the categories of benefits that qualify as excepted benefits under HIPAA and the ACA.

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