; (2) in paragraph (21)— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (B) by adding at the end the following: (C) With respect to a person that is a member of an entity (referred to in section 735 and this subparagraph as a healthshare pool ) that meets the requirements of subsection (b) of such section and offers a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage), membership in the healthshare pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage. ; and (3) in paragraph (40)(A)— (A) in clause (ii), by striking , or and inserting , ; (B) in clause (iii), by striking the period and inserting , or ; and (C) by adding at the end the following: (iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 735(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage). .