; and (ii) aggregated and counted together for purposes of any regulation of an employee welfare benefit plan established and maintained by such group or association. . (b) Determination of employer or joint employer status The provision of employee welfare benefit plan coverage by a group or association of employers shall not be construed as evidence for establishing an employer or joint employer relationship under any Federal or State law. 3. Rules applicable to employee welfare benefit plans established and maintained by a group or association of employers Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 , et seq.) is amended by adding at the end the following: 736. Rules applicable to employee welfare benefit plans established and maintained by a group or association of employers (a) Premium rates for a group or association of employers (1) (A) In the case of an employee welfare benefit plan established and maintained by a group or association of employers described in section 3(5)(B), such plan may, to the extent not prohibited under State law— (i) establish base premium rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all plan participant claims; and (ii) utilize the specific risk profile of each employer member of such group or association to determine contribution rates for each such employer member’s share of a premium by actuarially adjusting above or below the established base premium rates. (B) For purposes of paragraph (1), the term employer member means— (i) an employer who is a member of such group or association of employers and employs at least 1 common law employee