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ARTICLE · 13 NOVEMBER 2015

HHS Appeals Adverse Decision On Fixed Indemnity Attestations

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Fixed indemnity health insurance products provide limited and fixed medical benefits, and thus are not designed or intended to provide comprehensive medical coverage and do not satisfy the individual mandate contained in the ACA.

United StatesInsurance
Tom Hrdlick
Tom Hrdlick
Morgan Tilleman
Morgan Tilleman
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On Monday, November 9, 2015, the U.S. Department of Health & Human Services (HHS) filed a Notice of Appeal from the decision issued by Judge Royce Lamberth of the United States District Court for the District of Columbia in the case of Central United Life, Inc. v. Burwell.

The Burwell decision enjoined enforcement by HHS of that portion of a new rule it issued in 2014 which, effective January 1, 2015, prohibited insurers from selling new fixed indemnity health insurance policies in the individual market unless they first obtain an attestation from the policyholder, stating that they have other health coverage that meets the minimum essential coverage required under the Affordable Care Act (ACA). Fixed indemnity health insurance products provide limited and fixed medical benefits, and thus are not designed or intended to provide comprehensive medical coverage and do not satisfy the individual mandate contained in the ACA. For that reason, some federal and state

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