Federal law permits state, county, and local governments to exempt their employees in self-insured group health plans from some of the protections discussed previously in this chapter.  Public employers must make this choice annually.  When they do so, they are required to notify the federal government and specify which health insurance protections will not apply to their employees’ group health plan.

In the past, a large number of public employers in New Hampshire have decided that certain health insurance protections will not apply to their employees.  The Center for Medicare and Medicaid Services (CMS) used to post a list of employers which had elected to exempt, however it has removed this information from its web site. 

If you are not sure about your protections under your public employee health plan, you should contact your employer.  In addition, you can contact CMS directly at (800) 267-2323 ext. 61565 or at (410) 786-1565 to see if your employer has elected to be exempt from certain protection.