"The FAQ clarifies that there are certain situations in which fixed indemnity coverage that pays on a basis other than a per-service basis may still be considered as excepted benefits.... If these proposed revisions are implemented, fixed indemnity insurance in the individual market could qualify as an excepted benefit even if it does not pay benefits solely on a per-period basis. Until these proposed amendments are finalized, HHS will treat fixed indemnity coverage in the individual market meeting the conditions above as excepted benefits for enforcement purposes."

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