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New fixed indemnity notice requirements rescinded by Texas court

Writer's picture: Sarah BordersSarah Borders


Recent developments from a U.S. District Court in Texas have eliminated a significant compliance burden for employers offering hospital fixed indemnity insurance plans. While this news may seem technical, it’s an important update for benefits professionals and employers alike. Here’s what happened and why it matters.

The Court Decision

In late December, the court struck down the requirement for group health plans offering fixed indemnity insurance to provide a specific notice to employees. Previously, employers were required to include this notice in enrollment materials, informing employees about the nature of their fixed indemnity coverage. However, the court ruled that this notice is no longer necessary. Here’s why:

  1. Applicability to Individual Plans: The notice requirement was originally designed for individual insurance plans. Many fixed indemnity plans sold to groups technically qualify as group insurance but were being treated as individual plans under the rules. The court found this inconsistency problematic.

  2. Misleading Language in the Notice: The mandated notice implied that fixed indemnity coverage wasn’t insurance, which was misleading. Fixed indemnity plans are indeed insurance but differ from comprehensive medical coverage. The court determined that the notice created unnecessary confusion.

What This Means for Employers

For employers offering hospital fixed indemnity insurance, this rollback is welcome news. It eliminates the need to include the notice in enrollment materials, saving time and simplifying compliance. While the broader implications of the ruling remain to be seen, employers can rest assured that this specific notice is no longer required.

Next Steps for Employers

While the fixed indemnity notice is no longer a concern, it’s important to stay vigilant about other compliance requirements. Here are some key actions to consider:

  • Review Plan Documentation: Ensure your enrollment materials are updated to reflect this change. Remove the outdated notice, but confirm that all other compliance elements are in place.

  • Communicate Clearly with Employees: While the notice is no longer required, it’s still a good idea to explain the scope of fixed indemnity insurance. Employees should understand that while this coverage provides financial protection, it isn’t a substitute for comprehensive medical insurance.

  • Monitor Future Developments: Compliance regulations are constantly evolving. Stay informed about updates to group health plan rules and any additional changes stemming from executive orders or legal decisions.

Conclusion

The elimination of the fixed indemnity notice requirement is a small but meaningful change that reduces administrative burdens for employers. Perhaps more importantly, it's a great reminder for employers and benefits professionals to closely monitor benefits requirements developments as they happen. As always, understanding and adapting to these changes is key to maintaining compliance and supporting employees effectively.



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