; (2) the requirements of section 804(a)(1) shall be deemed met; and (3) the establishment and maintenance of such a group health plan shall not cause any one or more franchisor or franchisee employers participating in such a group health plan to be treated as the employer, co-employer, or joint employer of the employees of another participating franchisor or franchisee employer for any purpose. 804. Participation and coverage requirements (a) Covered employers and individuals The requirements of this subsection are met with respect to a small business health plan if, under the terms of the plan— (1) each participating employer must be— (A) a member of the sponsor; (B) the sponsor; or (C) an affiliated member of the sponsor, except that, in the case of a sponsor which is a professional association or other individual-based association, if at least one of the officers, directors, or employees of an employer, or at least one of the individuals who are partners in an employer and who actively participates in the business, is a member or such an affiliated member of the sponsor, participating employers may also include such employer; and (2) all individuals commencing coverage under the plan after certification under this part must be— (A) active or retired owners (including self-employed individuals), officers, directors, or employees of, or partners in, participating employers