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Does COBRA and HIPAA apply to health benefits offered under a workers


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Guest lawdawg
Posted

In some states employers can elect not to provide workers compensation insurance. As a result, sometimes employers do not offer workers comp but instead offer workers compensation replacement plans. They provide a wage replacement benefit and health benefits for on-the-job injuries. My question is does COBRA and HIPAA apply? I know COBRA doesn't apply to disability but I think the health benefits could be separated. It looks like a group health plan and I haven't located any authority that says otherwise. Any input would be appreciated. Thanks!

Posted

HIPAA applies only to those group health plans which are subject to ERISA.

Some plans are specifically exempted from ERISA's application. Specifically, Title I does not apply to:

.....

3. A plan maintained solely for the purpose of complying with applicable workers' compensation laws, unemployment compensation, or disability insurance laws;

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