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SEC. 9803. GUARANTEED RENEWABILITY IN MULTIEMPLOYER PLANS AND CERTAIN MULTIPLE EMPLOYER WELFARE ARRANGEMENTS.

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    ``(a) In General.--A group health plan which is a multiemployer plan

(as defined in section 414(f)) or which is a multiple employer welfare

arrangement may not deny an employer continued access to the same or

different coverage under such plan, other than--

            ``(1) for nonpayment of contributions;

            ``(2) for fraud or other intentional misrepresentation of material fact by the employer;

            ``(3) for noncompliance with material plan provisions;

            ``(4) because the plan is ceasing to offer any coverage in a geographic area;

            ``(5) in the case of a plan that offers benefits through a

        network plan, because there is no longer any individual enrolled

        through the employer who lives, resides, or works in the service

        area of the network plan and the plan applies this paragraph

        uniformly without regard to the claims experience of employers

        or a factor described in section 9802(a)(1) in relation to such

        individuals or their dependents; or

            ``(6) for failure to meet the terms of an applicable

        collective bargaining agreement, to renew a collective

        bargaining or other agreement requiring or authorizing

        contributions to the plan, or to employ employees covered by

        such an agreement.

    ``(b) Multiple Employer Welfare Arrangement.--For purposes of

subsection (a), the term `multiple employer welfare arrangement' has the

meaning given such term by section 3(40) of the Employee Retirement

Income Security Act of 1974, as in effect on the date of the enactment

of this section.

``

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