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9
1 similar charges but does not include premiums or
2 any network payment differential for covered serv-
3 ices or spending for non-covered services.
4 (5) DEPENDENT.—The term ‘‘dependent’’ has
5 the meaning given such term by the Commissioner
6 and includes a spouse.
7 (6) EMPLOYMENT-BASED HEALTH PLAN.—The

8 term ‘‘employment-based health plan’’—

9 (A) means a group health plan (as defined
10 in section 733(a)(1) of the Employee Retire-
11 ment Income Security Act of 1974); and
12 (B) includes such a plan that is the fol-
13 lowing:
14 (i) FEDERAL, STATE, AND TRIBAL

15 GOVERNMENTAL PLANS.—A governmental

16 plan (as defined in section 3(32) of the
17 Employee Retirement Income Security Act
18 of 1974), including a health benefits plan
19 offered under chapter 89 of title 5, United
20 States Code.
21 (ii) CHURCH PLANS.—A church plan
22 (as defined in section 3(33) of the Em-
23 ployee Retirement Income Security Act of
24 1974).

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