Health Plan and Independent Contractors

[Guest JDL]

Hello - I posted this message in the "Welfare Plans General" section, but I thought it might be helpful to post it here as well. Thanks.

"If an employer sponsored health plan allows for certain independent contractors (assuming they are in fact independent contractors and not merely employees titled as such) to participate in the plan along with its employees, would the plan be considered a MEWA? ERISA Section 3(40)(A) states that a MEWA means an employee welfare benefit plan, or any other arrangement, which is established...for the purpose of...providing any benefit...(1) to the employees of two or more employers (including one or more self-employed individuals)...

Does this language mean that if an independent contractor participates in the health plan, it will be considered a MEWA? Any suggestions? Thanks!"