Health insurance portability and privacy — Maryland

The Health Insurance Portability and Accountability Act (HIPAA) addressed medical coverage provided by employer-sponsored group health plans and implemented significant privacy protections for private health information. The passage of the Affordable Care Act (ACA) amended many coverage provisions of HIPAA, although the privacy provisions were unchanged by the ACA. Among other provisions, HIPAA:

• prohibits a group health plan from denying coverage to individuals or charging higher premiums based on health status

• guarantees renewability of coverage to certain individuals

• requires a group health plan to provide for the privacy and security of plan participants’ private health information.

Employers who violate HIPAA’s portability, privacy or security provisions may face fines and/or lawsuits for failing to meet these requirements.

For purposes of HIPAA’s requirements, health insurance coverage means benefits for medical care under any hospital or medical service policy or certificate, hospital or medical service plan contract or HMO contract offered by a health insurance issuer. It does not, however, include certain “excepted benefits” such as:

• accident-only coverage

• disability income insurance

• liability insurance, including general...
  
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