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HHS's HIPAA Opt-Out Procedures and Requirements for Self-Funded Nonfederal Governmental Plans (PDF)
Buck 
[Guidance Overview] May 9, 2011
This opt-out election is not available to private plans, nor is it available to governmental plans that are not self-funded. Federal plans are also excluded from opting out. The model notice and enrollee notice are straightforward and most state and local governments will have no reason not to use the models if they wish to make opt-out elections.
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