To determine if your health insurance plan is subject to ERISA (Employee Retirement Income Security Act), there are a few factors to consider. ERISA generally applies to employer-sponsored health plans, but there are some exceptions.
1. Employer-sponsored plan: If your health insurance is provided by your employer, it is more likely to be subject to ERISA. This includes both self-funded and fully insured plans.
2. Government and church plans: Health insurance plans offered by government entities or churches are generally exempt from ERISA.
3. Individual plans: If you purchased your health insurance plan individually, without any employer involvement, it is not typically subject to ERISA.
It's important to note that ERISA provides certain protections and rules for participants in covered plans, such as reporting and disclosure requirements, fiduciary responsibilities, and claims procedures. If you're unsure about the status of your health insurance plan under ERISA, it's best to consult with an insurance specialist or legal professional who can review your specific situation and provide accurate guidance.