Although both fixed indemnity and expense incurred limited medical plans continue to be impacted by the Patient Protection and Affordable Care Act, fixed indemnity plans are weathering the storm relatively intact, while the expense incurred structure has taken a beating, experts say. Fixed indemnity plans do not have to comply with PPACA regulations because they do not mimic major medical insurance policies as expense incurred plans do.

The Center for Consumer Information and Insurance Oversight, the agency within the Department of Health and Human Services that handles the annual benefit limit waiver applications, has administered more than 1,400 waivers to expense incurred plan carriers. New business sales on expense incurred plans have been shut down since September 2010.

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