Retiree Only Plan Exception from HIPAA, PHSA Changes in PPACA

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Company X maintains a number of welfare benefit plans providing benefits to its active and certain former employees. For its former employees, X has a separate plan document and offers particpants a choice among different medical, dental and employer-paid life insurance options. For medical purposes, the retirees are rated for experience separately from their active employee counterparts (which results in a substantially higher premium payment for retirees). However, for Form 5500 purposes, the active and retired employee plans are bundled with certain other active employee coverages and filed under the bundled plan's plan number.

Does X's plan for its retirees meet the retiree only exception for purposes of HIPAA and the PHSA provisions added by PPACA?