covering 53 million individuals. In addition, based on data from the March 1996 Current
Population Survey and other sources, Price Waterhouse estimated that there are approximately
30,000 self-insured nonfederal governmental plans covering 18 million individuals.16
NMHPA will also affect insured ERISA plans, insured church plans, insured nonfederal
governmental plans, and issuers in the individual market in States that do not have a law meeting
one or more of the criteria specified in NMHPA. For purposes of this review of the Effect of the
Statute, the Departments performed a preliminary review of State laws as of July 1, 1998. As a
result of this review, it is estimated that the federal NMHPA requirements will apply to health
insurance coverage in 18 States.17 These States are as follows: Delaware, Hawaii, Idaho,
Michigan, Mississippi, Nebraska, Oregon, Utah, Vermont, Wisconsin, Wyoming, Puerto Rico, the
Virgin Islands, American Samoa, Guam, Wake Island, the Northern Mariana Islands, and the
Canal Zone (i.e., the areas and installations in the Republic of Panama made available to the
United States pursuant to the Panama Canal Treaty of 1977 and related agreements, until
December 31, 1999).
Based on data from the March 1996 Current Population Survey and other sources, Price
Waterhouse estimated that there are approximately 2.5 million insured ERISA plans, 145,000
16 Sponsors of self-insured nonfederal governmental plans can elect to have their plans exempted from most of the requirements of Title XXVII of the PHS Act, including the NMHPA requirements, with respect to self-insured benefits. To date, fewer than 600 sponsors have elected to have their plans exempted in whole or in part, and at least some of these plans have chosen to be exempt from NMHPA. This means the number of self-insured nonfederal governmental plans affected by NMHPA will be less than the 30,000 plans cited above.
17 The federal NMHPA provisions appear to apply in these 18 States because either the State has not enacted any law that meets the NMHPA criteria or the State has incorporated the federal NMHPA requirements by reference.