The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) "Board" means the board of trustees or directors, as applicable, of a multiple-employer welfare arrangement;
2. (2) “Business plan” means the comprehensive, detailed plan by which the multiple-employer welfare arrangement conducts or proposes to conduct its business;
3. (3) "Employee welfare benefit plan" has the meaning assigned by Section 3(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(1);
4. (4) “Employer” has the meaning assigned by Section 3(5) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(5), and shall include sole proprietors, as permitted by federal law;

5. (5)

   1. (A) "Health benefit plan" includes any plan that provides benefits for healthcare services.

   2. (B) The term does not include:

      1. (i) Accident-only or disability income insurance coverage, or a combination of accident-only and disability income insurance coverage;
      2. (ii) Credit-only insurance coverage;
      3. (iii) Disability insurance;
      4. (iv) Coverage for a specified disease or illness;
      5. (v) Medicare services under a federal contract;
      6. (vi) Medicare supplement and Medicare Select policies regulated in accordance with federal law;
      7. (vii) Long-term care coverage or benefits, nursing home care coverage or benefits, home healthcare coverage or benefits, community-based care coverage or benefits, or any combination of those coverages or benefits;
      8. (viii) Coverage that provides limited-scope dental or vision benefits;
      9. (ix) Coverage provided by a single-service health maintenance organization;
      10. (x) Workers’ compensation insurance coverage or similar insurance coverage;
      11. (xi) Coverage provided through a jointly managed trust authorized under 29 U.S.C. § 141 et seq., that contains a plan of benefits for employees that is negotiated in a collective bargaining agreement governing wages, hours, and working conditions of the employees that is authorized under 29 U.S.C. § 157;
      12. (xii) Hospital indemnity or other fixed indemnity insurance coverage;
      13. (xiii) Reinsurance contracts issued on a stop-loss, quota-share, or similar basis;
      14. (xiv) Short-term major medical contracts;
      15. (xv) Liability insurance coverage, including general liability insurance coverage and automobile liability insurance coverage;
      16. (xvi) Coverage issued as a supplement to liability insurance coverage;
      17. (xvii) Automobile medical payment insurance coverage; (xviii) Coverage for on-site medical clinics;
      18. (xix) Coverage that provides other limited benefits specified by federal regulations; or

      19. (xx) Other coverage that is:

          1. (a) (a) Similar to the coverage described by this subdivision (5) under which benefits for medical care are secondary or incidental to other coverage benefits; and
          2. (b) (b) Specified in federal regulations;

6. (6) "Health status related factor" means:

   1. (A) Health status;
   2. (B) Medical condition, including both physical and mental illness;
   3. (C) Claims experience;
   4. (D) Receipt of health care;
   5. (E) Medical history;
   6. (F) Genetic information;
   7. (G) Evidence of insurability, including conditions arising out of acts of family violence; and
   8. (H) Disability;
7. (7) "Multiple-employer welfare arrangement" has the meaning assigned by Section 3(40) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(40);
8. (8) "Organizational document" means the articles, bylaws, agreements, trusts, or other documents or instruments describing the rights and obligations of employers, employees, and beneficiaries with respect to a multiple-employer welfare arrangement; and
9. (9) "Participation criteria" means any criteria or rules established by an employer to determine the employees who are eligible for enrollment or continued enrollment under the terms of a health benefit plan.