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[Billing Codes: 4120-01-P; 4830-01-P; 4510-29-P] - page 23 / 83

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Subsequently, for purposes of this discussion of the Effect of the Statute, the Departments

performed a preliminary review of State laws as of July 1, 1998.13 As a result of this review, it is

estimated that 40 States have laws that appear to meet the criteria specified in NMHPA. These

States are as follows: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,

the District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,

Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New

Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania,

Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, and West

Virginia.

Accordingly, in these 40 States, only church plans, self-insured private-sector employer-

sponsored group health plans,14 and self-insured nonfederal governmental plans15 will be affected

by NMHPA. Based on data from the March 1996 Current Population Survey and other sources,

Price Waterhouse has estimated that there are approximately 270,000 self-insured ERISA plans

13 In conducting the review, the Departments considered State statutes, regulations, rules, bulletins, and case law. However, the review did not take into account other State actions that should be considered when making a legal determination regarding whether a State law meets the criteria specified in NMHPA.

14 Hereafter, other private-sector employer-sponsored group health plans are referred to as ERISA plans.

15 The term nonfederal governmental plan means a governmental plan that is not a federal governmental plan. PHS Act section 2791(d)(8)(C). The term governmental plan generally means a plan established or maintained for its employees by the government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. PHS Act section 2791(d)(8)(A). The term federal governmental plan means a governmental plan established or maintained for its employees by the government of the United States or by any agency or instrumentality of such government. PHS Act section 2791(d)(8)(B).

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