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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.
While it is generally true that HIPAA does not apply to employers simply because they collect employee health information, HIPAA will affect employers in the process of obtaining this information because HIPAA usually applies to the health care entity from which the employer is seeking the information.overed entities may disclose protected health information in cases where the law requires such disclosures, but only to the extent that such disclosure is required by law and the disclosure complies with and is limited to the relevant requirements of such law.