Can A Plan Sponsor Eliminate In-Hospital Benefits & Remain Compliant?

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According to the government’s own Minimum Value Calculator (MV Calculator) the following plan of benefits complies:
 
$750 Calendar Year Deductible
80% Co-Insurance
$5,000 Maximum Out Of Pocket
$10, $25, $50 & $100 Rx Co-Pay
IN-HOSPITAL BENEFITS EXCLUDED – The calculator has an In-Hospital Services value entry enabling you to eliminate the benefit in the calculation.

All benefits subject to the deductible with the exception of preventive benefits and Rx benefits
 
MINIMUM ACTUARIAL VALUE: 60.9%