(a) This subchapter does not apply to:
(1) a plan that provides coverage:
(A) for wages or payments in lieu of wages for a period during which an employee is absent from work because of sickness or injury;
(B) as a supplement to a liability insurance policy;
(C) for credit insurance;
(D) only for dental or vision care;
(E) only for hospital expenses;
(F) only for indemnity for hospital confinement; or
(G) only for accidents;
(2) a Medicare supplemental policy as defined by Section 1882(g)(1), Social Security Act (42 U.S.C. § 1395ss(g)(1));
(3) a workers’ compensation insurance policy;
(4) medical payment insurance coverage provided under a motor vehicle insurance policy; or
(5) a long-term care policy, including a nursing home fixed indemnity policy, unless the commissioner determines that the policy provides benefit coverage so comprehensive that the policy is a health benefit plan as described by § 1355.252.
(b) To the extent that this section would otherwise require this state to make a payment under 42 U.S.C. § 18031(d)(3)(B)(ii), a qualified health plan, as defined by 45 C.F.R. § 155.20, is not required to provide a benefit under this subchapter that exceeds the specified essential health benefits required under 42 U.S.C. § 18022(b).