PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 1975 "(8) GOVERNMENI'AL PLAN. —(A) The term 'governmental plan' has the meaning given such term under section 3(32) of the Employee Retirement Income Security Act of 1974 and any Federal governmental plan. "(B) FEDERAL GOVERNMENTAL PLAN.— 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. "(C) NON-FEDERAL GOVERNMENTAL PLAN.— The term 'non- Federal governmental plan' means a governmental plan that is not a Federal governmental plan. "(9) HEALTH STATUS-RELATED FACTOR.—The term 'health status-related factor' means any of the factors described in section 2702(a)(1). "(10) NETWORK PLAN.— The term 'network plan' means health insurance coverage of a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer. "(11) PARTICIPANT..— The term 'participant' has the mesuiing given such term under section 3(7) of the Employee Retirement Income Security Act of 1974. "(12) PLACED FOR ADOPTION DEFINED.— The term 'placement', or being 'placed', for adoption, in connection with any placement for adoption of a child with any person, means the assumption and retention by such person of a legal obligation for total or partial support of such child in anticipation of adoption of such child. The child's placement with such person terminates upon the termination of such legal obligation. "(13) PLAN SPONSOR.—The term 'plan sponsor' has the meaning given such term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974. "(14) STATE.— The term 'State' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. "(e) DEFINITIONS REIJ^^TING TO MARKETS AND SMALL EM- PLOYERS.— For purposes of this title: " (1) INDIVIDUAL MARKET. — "(A) IN GENERAL.— The term 'individual market' means the market for health insurance coverage offered to individuals other than in connection with a group health plan. " (B) TREATMENT OF VERY SMALL GROUPS. — "(i) IN GENERAL.— Subject to clause (ii), such terms includes coverage offered in connection with a group health plan that has fewer than two participants as current employees on the first day of the plan year, " (ii) STATE EXCEPTION.— Clause (i) shall not apply in the case of a State that elects to regulate the coverage described in such clause as coverage in the small group market. "(2) LARGE EMPLOYER.— The term 'large employer' means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 51 employees on business days during the
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