Sec. 1002. - Definitions - For purposes of this subchapter:

 (1) The terms ''employee welfare benefit plan'' and ''welfare plan'' mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, 

(A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or 

(B) any benefit described in section 186(c) of this title (other than pensions on retirement or death, and insurance to provide such pensions).

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(7) The term ''participant'' means any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer or members of such organization, or whose beneficiaries may be eligible to receive any such benefit.

Sec. 300gg-91. - Definitions

 (a) Group health plan 

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(2) Medical care - The term ''medical care'' means amounts paid for – 

(A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body, 

(B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and 

(C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B).

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(c) Excepted benefits - For purposes of this subchapter, the term ''excepted benefits'' means benefits under one or more (or any combination thereof) of the following: 

(1) Benefits not subject to requirements 

(A) Coverage only for accident, or disability income insurance, or any combination thereof. 

(B) Coverage issued as a supplement to liability insurance. 

(C) Liability insurance, including general liability insurance and automobile liability insurance. 

(D) Workers' compensation or similar insurance. 

(E) Automobile medical payment insurance. 

(F) Credit-only insurance. 

(G) Coverage for on-site medical clinics. [“We note that, while coverage for on-site medical clinics is excluded from definition of "health plans," such clinics may meet the definition of "health care provider" and persons who work in the clinic may also meet the definition of health care provider." ” Preamble] 

(H) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits. 

(2) Benefits not subject to requirements if offered separately 

(A) Limited scope dental or vision benefits. 

(B) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof. 

(C) Such other similar, limited benefits as are specified in regulations. 

(3) Benefits not subject to requirements if offered as independent, noncoordinated benefits 

(A) Coverage only for a specified disease or illness. 

(B) Hospital indemnity or other fixed indemnity insurance. 

(4) Benefits not subject to requirements if offered as separate insurance policy 

Medicare supplemental health insurance (as defined under section 1395ss(g)(1) of this title), coverage supplemental to the coverage provided under chapter 55 of title 10, and similar supplemental coverage provided to coverage under a group health plan.