; and (D) chooses to be a plan sponsored under this section (and subject to the requirements under subsections (b) through (f)). (3) Other association health plans This section shall apply beginning on April 1, 2020, with respect to any other group or association of employers sponsoring a group health plan. (4) Other criteria in advisory opinions The criteria under this section shall not invalidate any criteria provided in an advisory opinion, in effect on or after the date of enactment of the FLEX Act, that the Secretary may use to determine if a group or association of employers is an employer under section 3(5) for purposes of sponsoring a group health plan. (h) Determination of employer or joint employer status (1) In general Participating in or facilitating a group health plan sponsored by a bona fide group or association of employers pursuant to subsection (a) shall not be construed as establishing an employer or joint employer relationship under any Federal or State law. (2) Application of provision Paragraph (1) shall apply to a group health plan sponsored or facilitated by a franchisor and any franchisee, by multiple franchisors for the benefit of the employees of such franchisors and their franchisees, by multiple franchisees for the benefit of the employees of such franchisees, by a franchisor whose franchisee or franchisees participate or participates in the plan, or by a person or entity that contracts with any individual as an independent contractor for whom the plan benefits. (i) Rule of construction Nothing in this section shall be construed as repealing or otherwise limiting the application of this Act (including section 712 relating to mental health parity) to group health plans and employee welfare benefit plans. . (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 734 the following new item: Sec. 735. Definition of employer with respect to group health plans. .