; or (B) the coverage is offered to a member of the association that is an employer maintaining a group health plan that has fewer than 2 participants who are employees on the first day of the plan year. (3) Treatment as health insurance coverage in the small group market For purposes of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.), part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq.), chapter 100 of the Internal Revenue Code of 1986, and title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), health insurance coverage offered through an association health plan shall, subject to paragraph (2)(B), be treated as health insurance coverage in the small group market if the coverage is offered to a member of the association in connection with a group health plan offered to employers that are small employers, as defined in such applicable Act or Code. (4) Preemption An association health plan shall be treated as individual health insurance coverage in accordance with paragraph (2) or health insurance coverage in the small group market in accordance with paragraph (3) notwithstanding any applicable State law. (5) Effective date This subsection shall apply to plan years beginning after December 31, 2019. (b) Proposed rule regarding the definition of employer under ERISA (1) Definition of January 5, 2018, proposed rule In this subsection, the term January 5, 2018, proposed rule means the proposed rule of the Department of Labor entitled Definition of Employer Under Section 3(5) of ERISA—Association Health Plans (83 Fed. Reg. 614), or any final rule promulgated with respect to such proposed rule. (2) Enforcement Beginning on the date of enactment of this Act, the January 5, 2018, proposed rule shall cease to have any force or effect. In the case that the January 5, 2018, proposed rule is a final rule on the date of enactment of this Act, the Secretary of Labor shall cease to enforce such final rule.