Rules for Non-Discrimination Under the ACA

To comply with the Affordable Care Act's rules for non-discrimination, companies are subject to the following rules.

  • Companies cannot look at compensation to determine health care eligibility.
  • Companies cannot vary employee contributions based on years of service.
  • Companies cannot have different waiting periods.
  • All benefits provided to highly-compensated participants must be the same for all other participants.
  • Companies cannot approve claims for a highly-compensated employee and deny the same claim for a normal employee.

The following plans are also subject to these rules:

  • Major Medical
  • Mini-med plans
  • HRAs
  • Dental and Vision that are not standalone

The following plans are not subject to these rules:

  • Stand alone Dental and Vision
  • Long Term Care
  • Accident Plans
  • Disability Income Plans
  • HIPAA Excepted Benefits
  • Retiree only plans with no active employees
  • Short term medical plans
  • Medicare supplements
  • Employee Assistance Plans
  • Specific Disease Plans
  • Hospital Indemnity Plans

To comply with the Affordable Care Act's rules for non-discrimination, companies are subject to the following rules.

  • Companies cannot look at compensation to determine health care eligibility.
  • Companies cannot vary employee contributions based on years of service.
  • Companies cannot have different waiting periods.
  • All benefits provided to highly-compensated participants must be the same for all other participants.
  • Companies cannot approve claims for a highly-compensated employee and deny the same claim for a normal employee.

The following plans are also subject to these rules:

  • Major Medical
  • Mini-med plans
  • HRAs
  • Dental and Vision that are not standalone

The following plans are not subject to these rules:

  • Stand alone Dental and Vision
  • Long Term Care
  • Accident Plans
  • Disability Income Plans
  • HIPAA Excepted Benefits
  • Retiree only plans with no active employees
  • Short term medical plans
  • Medicare supplements
  • Employee Assistance Plans
  • Specific Disease Plans
  • Hospital Indemnity Plans

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