Conforming amendments

Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended— (1) in paragraph (6), by inserting before the period, except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity; (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 736 and this subparagraph as a health marketplace pool) that meets the requirements of section 736(b) 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 health marketplace 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 736(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)..