What medical coverage is legally mandated vs. discretionary in corporate health plans?

EOR in India
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Table of Content
Key Takeaways

Key Takeaways

  1. Legally Mandated: Hospitalization, pre/post-care, daycare procedures, and COVID-19 coverage.
  2. Discretionary: OPD, mental health, dental, and wellness programs enhance retention.
  3. Penalties: Fines up to ₹1 lakh and operational bans for non-compliance.
  4. 2025 Trends: Focus on mental health, gig workers, and digital healthcare access.
  5. Wisemonk’s Role: End-to-end management of compliant, cost-effective health plans.

At Wisemonk, we’ve helped numerous global employers design compliant and competitive health insurance packages for their Indian teams. Navigating India’s evolving healthcare regulations requires clarity on what’s legally required versus what enhances employee satisfaction. Below, we demystify mandatory and discretionary medical coverage, including 2025 updates, penalties, and industry best practices.

1. Legally Mandated Medical Coverage in India

A. The Legal Framework

Since April 2020, the Insurance Regulatory and Development Authority of India (IRDAI) has mandated employers to provide group health insurance under guidelines issued by the Ministry of Home Affairs (MHA). These rules were introduced during the COVID-19 pandemic and remain enforceable as of 2025.

Applicability:

  • All sectors: IT, manufacturing, retail, hospitality, etc.
  • Establishment size: No minimum employee threshold (applies to businesses of all sizes).
  • Employee categories: Includes full-time, part-time, and contractual workers.

B. Minimum Coverage Requirements

B. Minimum Coverage Requirements
Mandated Coverage Details
Hospitalization Inpatient care, ICU charges, surgery, and diagnostics.
Pre/Post-Hospitalization 30 days pre and 60 days post hospitalization (medications, follow-ups).
Daycare Procedures Coverage for treatments requiring <24-hour hospitalization (e.g., dialysis).
COVID-19 Treatment Inclusion of pandemic-related illnesses (still enforced in 2025).

Example: A Bengaluru-based SaaS startup with 8 employees must provide at least ₹3 lakh hospitalization coverage per employee.

C. Penalties for Non-Compliance

  • Fines: Up to ₹1 lakh for employers failing to provide mandated coverage.
  • Operational bans: Business licenses can be suspended under the Disaster Management Act.

2. Discretionary Medical Coverage: Enhancing Employee Benefits

While the law sets baseline requirements, employers often enhance plans to attract talent. Common discretionary add-ons include:

A. Extended Coverage Options

Extended Coverage Options
Discretionary Benefit Typical Inclusions
OPD (Outpatient Care) Doctor consultations, diagnostics, pharmacy bills without admission.
Maternity Coverage Prenatal checkups, delivery, and postnatal care (beyond ESI limits).
Mental Health Support Counseling, therapy sessions, and psychiatric consultations.
Dental/Vision Care Routine checkups, corrective surgeries, and eyewear.
Wellness Programs Gym memberships, nutrition counseling, and preventive health screenings.

Example: A Delhi-based fintech firm offers ₹5 lakh coverage with OPD, mental health, and maternity benefits, exceeding legal mandates.

B. Tax Benefits for Discretionary Perks

  • Section 80D: Employers can claim tax deductions on premiums paid for extended coverage.
  • Employee retention: Enhanced plans reduce attrition by 15–20% in competitive sectors like IT.

3. Compliance Challenges for Employers

A. Misunderstanding Thresholds

  • Myth: “Only large companies need to comply.”
    Reality: Even solo entrepreneurs hiring contractors must provide coverage.

B. Managing Costs

  • Cost-saving strategies:
    • Partner with insurers for bulk discounts (e.g., 20% lower premiums for 50+ employees).
    • Use defined contribution models where employees top up premiums for higher coverage.

C. Regional Variations

  • Maharashtra: Requires coverage for gig workers under the Maharashtra Gig Workers Act, 2023.
  • Tamil Nadu: Mandates inclusion of Ayush treatments (e.g., Ayurveda) in corporate plans.

4. Recent Updates (2025)

  • Mental Health Mandates: The Mental Healthcare Act, 2017 now encourages (but doesn’t require) employers to include psychiatric care in group plans.
  • Gig Economy Inclusion: IRDAI guidelines suggest extending coverage to freelancers by 2026.
  • Digital Health Integration: Insurers must offer telemedicine and e-pharmacy access under all corporate plans.

5. How Wisemonk Simplifies Health Coverage Management

We help global employers balance compliance and competitiveness through:

  1. Policy Customization: Design plans that meet legal mandates while adding perks like OPD or wellness programs.
  2. Claims Automation: AI-driven tools for instant hospitalization approvals and cashless treatments.
  3. Cost Optimization: Negotiate premiums with insurers like Tata AIG and Niva Bupa for 15–30% savings.
  4. Compliance Audits: Ensure adherence to state-specific laws (e.g., Maharashtra’s gig worker rules).