No, the availability, renewability, and portability provisions of HIPAA do not apply to dental insurance, if it is offered in a certain way.

HIPAA exempts limited scope dental and vision benefits, as well as long-term care, from its requirements "if offered separately." HIPAA regulations provide that benefits are "offered separately" if they are provided under a separate plan or otherwise "not an integral part of the plan." Benefits are deemed an "integral part of the plan" unless:

• the participant has the right to elect not to receive coverage; and
• if the participant does elect benefits, the participant pays an additional premium.

Example: Employer A offers major medical insurance. Employer A also offers optional dental benefits provided under a separate plan. Employees who opt for dental coverage pay an additional $12.00 per month for such coverage. As a result, the dental plan coverage would be excepted from HIPAA’s coverage.

HIPAA regulations further define "limited scope" dental and vision benefits as benefits sold under a separate policy that are limited in scope to a narrow range of benefits, and generally excluded from major-medical benefit packages.