What Types of Insurance Are Not Covered Under HIPAA?

The Health Insurance Portability and Accountability Act of 1996, also known as HIPAA, was created to protect the privacy rights of patients. In most cases, HIPAA provides patients with protection of their personal medical information; however, some types of insurance are not covered by HIPAA. These types of insurance include most supplemental insurances and non-traditional insurance plans.

HIPAA Health Plan Exclusions

• HIPAA covers insurances that are categorized as a "health plan" according to the rules set forth in the Public Health Service Act, section 2791(c)(1), 42 U.S.C. 300gg-91(c)(1). The HIPAA definition of health plan is set forth in 160.103 of title 45 within the Code of Federal Regulations. HIPAA defines a health plan to be "An individual or group plan that provides, or pays the cost of, medical care." The insurances that are excluded are defined in this statute as any "policy, plan, or program to the extent that it provides, or pays for the cost of, excepted benefits." These types of plans are not considered by HIPAA to be health plans.

Excluded Insurances

• Types of insurance that are excluded from HIPAA coverage include long-term disability, short-term disability, workers' compensation, and automotive liability insurance that covers payments for medical damages. Other types of insurance may be excluded as well; any insurance plan that does not meet the HIPAA definition of health plan will not be covered by HIPAA.

Excepted Benefits

• The excluded insurances are those that provide one or more of the following types of medical insurance benefits: coverage for accident only, coverage for disability income, liability insurance (both general and auto liability), supplemental liability insurance, workers' compensation insurance, credit only insurance, auto insurance that covers medical payments, any insurance that covers an on-site medical clinic, and any type of supplemental insurance that does not have medical care as the primary purpose for coverage.