HIPAA Portability Rules

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To help make health plan coverage more portable, the Health Insurance Portability and Accountability Act (HIPAA) includes rules for pre-existing condition exclusions, certificates of creditable coverage (HIPAA Certificates) and special enrollment. The Affordable Care Act (ACA) made extensive changes to HIPAA’s portability rules. Due to the ACA:

Health plans are prohibited from imposing pre-existing condition exclusions on any enrollees.

Health plans are not required to issue HIPAA Certificates.

This Compliance Overview provides a summary of HIPAA’s portability rules. Keep in mind that the rules regarding pre-existing condition exclusions and HIPAA Certificates are no longer applicable. These topics are included in this overview for historical purposes only.

Group health plans are still required to comply with HIPAA’s special enrollment rules.

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