1. Short title This Act may be cited as the Association Health Plans Act . 2. Treatment of group or association of employers (a) In general Section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) ) is amended— (1) by striking The term and inserting (A) The term ; and (2) by adding at the end the following: (B) For purposes of subparagraph (A), a group or association of employers shall be treated as an employer , regardless of whether the employers composing such group or association are in the same industry, trade, or profession, if such group or association— (i) (I) has established and maintains an employee welfare benefit plan that is a group health plan (as defined in section 733(a)(1)); (II) provides coverage under such plan to at least 51 employees after all of the employees employed by all of the employer members of such group or association have been aggregated and counted together as described in subparagraph (D); (III) has been actively in existence for at least 2 years prior to establishing and maintaining an employer welfare benefit plan that is a group health plan (as defined in section 733(a)(1)); (IV) has been formed and maintained in good faith for purposes other than providing medical care (as defined in section 733(a)(2)) through the purchase of insurance or otherwise; (V) does not condition membership in the group or association on any health status-related factor (as described in section 702(a)(1)) relating to any individual; (VI) makes coverage under such plan available to all employer members of such group or association regardless of any health status-related factor (as described in section 702(a)(1)) relating to such employer members; (VII) does not provide coverage under such plan to any individual other than an employee of an employer member of such group or association