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ERISA only exempts two types of employers: 1  Employee benefit plans maintained by governmental employers are exempt from ERISAâs requirements. This exemption includes plans maintained by the federal, state or local (for example, a city, county or township) governments.  Church plans are also exempt from ERISA.
Some employers that are not covered entities, however, are directly subject to HIPAA for other reasons. Legislation which passed in 2009 as part of the American Reinvestment and Recovery Act, expanded HIPAA privacy and security requirements to a wide range of businesses.